NY State Assembly Bill 2015-A2869A

Assembly Bill A2869A

2015-2016 Legislative Session

Relates to prostitution offenses; creates the new crimes of unlawful prostitution and sexual exploitation of a child

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 06, 2016	print number 2869a
Apr 06, 2016	amend and recommit to codes
Jan 06, 2016	referred to codes
Jan 20, 2015	referred to codes

Bill Amendments

Original

A (Active)

2015-A2869 - Details

See Senate Version of this Bill:: S112
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd Pen L, generally; amd §168-a, Cor L; amd §§60.42, 160.10 & 380.50, CP L; amd §§61, 62 & 64, Civ Rts L; amd §344.4, Fam Ct Act; amd §10.03, Ment Hyg L; amd §353, Mult Dwell L; amd §2324-a, Pub Health L; amd §715, RPAP L; amd §231, RP L; amd §509-cc, V & T L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1986
2011-2012: S116
2013-2014: S559
2017-2018: A1957, S4937, S8702

2015-A2869 - Summary

Relates to prostitution offenses; creates the new crimes of unlawful prostitution and sexual exploitation of a child.

2015-A2869 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2869

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

Introduced  by  M.  of  A.  SEPULVEDA  --  read once and referred to the
  Committee on Codes

AN ACT to amend the penal law, the correction law, the  criminal  proce-
  dure  law,  the  civil  rights  law,  the family court act, the mental
  hygiene law, the multiple dwelling law, the  public  health  law,  the
  real  property  actions and proceedings law, the real property law and
  the vehicle and traffic law, in relation to prostitution offenses  and
  creating the crime of sexual exploitation of a child

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 230.00 of the penal law, as amended by chapter  169
of the laws of 1969, is amended to read as follows:
S 230.00 [Prostitution] CRIMINAL PROSTITUTION.
  A  person  is  guilty  of  CRIMINAL prostitution when, BEING SEVENTEEN
YEARS OLD OR MORE, such person engages or agrees or offers to engage  in
sexual conduct with another person in return for a fee.
  [Prostitution] CRIMINAL PROSTITUTION is a class B [Misdemeanor] MISDE-
MEANOR.
  S  2.  The penal law is amended by adding a new section 230.01 to read
as follows:
S 230.01 UNLAWFUL PROSTITUTION.
  A PERSON IS GUILTY OF UNLAWFUL  PROSTITUTION  WHEN,  BEING  LESS  THAN
SEVENTEEN  YEARS  OLD, SUCH PERSON ENGAGES OR AGREES OR OFFERS TO ENGAGE
IN SEXUAL CONDUCT WITH ANOTHER PERSON IN RETURN FOR A FEE.
  UNLAWFUL PROSTITUTION IS A  VIOLATION,  PROVIDED,  HOWEVER,  THAT  ANY
PERSON  WHO  HAS  PREVIOUSLY  BEEN  CONVICTED OF A CRIME DEFINED IN THIS
ARTICLE OR SECTION 240.37 OF THIS PART SHALL BE  GUILTY  OF  A  CLASS  B
MISDEMEANOR.
  S  3. Sections 230.05 and 230.06 of the penal law, as added by chapter
627 of the laws of 1978, are amended to read as follows:
S 230.05 Patronizing a prostitute in the second degree.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00900-01-5

A. 2869                             2

  A person is guilty of patronizing a prostitute in  the  second  degree
when,  being  [over eighteen] TWENTY-ONE years of age OR MORE, he OR SHE
patronizes a prostitute and the person patronized is  less  than  [four-
teen] SEVENTEEN years of age.
  Patronizing a prostitute in the second degree is a class E felony.
S 230.06 Patronizing a prostitute in the first degree.
  A  person  is  guilty  of patronizing a prostitute in the first degree
when, BEING EIGHTEEN YEARS OF AGE OR MORE, he OR SHE patronizes a  pros-
titute  and the person patronized is less than [eleven] FIFTEEN years of
age.
  Patronizing a prostitute in the first degree is a class D felony.
  S 4. The penal law is amended by adding a new section 230.06-a to read
as follows:
S 230.06-A SEXUAL EXPLOITATION OF A CHILD.
  A PERSON IS GUILTY OF SEXUAL EXPLOITATION OF A CHILD WHEN:
  1. BEING EIGHTEEN YEARS OF AGE OR MORE HE OR SHE PATRONIZES A  PROSTI-
TUTE AND THE PERSON PATRONIZED IS LESS THAN THIRTEEN YEARS OF AGE; OR
  2. HE OR SHE PATRONIZES A PROSTITUTE AND THE PERSON PATRONIZED IS LESS
THAN ELEVEN YEARS OF AGE.
  SEXUAL EXPLOITATION OF A CHILD IS A CLASS B FELONY.
  S  5. Section 230.07 of the penal law, as amended by chapter 74 of the
laws of 2007, is amended to read as follows:
S 230.07 Patronizing a prostitute; defense.
  In any prosecution for patronizing a prostitute in the first or second
degrees OR SEXUAL EXPLOITATION OF A CHILD,  it  is  [a]  AN  AFFIRMATIVE
defense  that  the  defendant did not have reasonable grounds to believe
that the person was less than the age specified.
  S 6. The opening paragraph of section  230.10  of  the  penal  law  is
amended to read as follows:
  In any prosecution for SEXUAL EXPLOITATION OF A CHILD, prostitution or
patronizing  a  prostitute,  the  sex  of the two parties or prospective
parties to the sexual conduct engaged in, contemplated or  solicited  is
immaterial, and it is no defense that:
  S  7.  The penal law is amended by adding a new section 230.11 to read
as follows:
S 230.11 PROSTITUTION; DEFENSE.
  IN ANY PROSECUTION FOR UNLAWFUL PROSTITUTION OR CRIMINAL PROSTITUTION,
IT IS AN AFFIRMATIVE DEFENSE THAT THE DEFENDANT IS A VICTIM OF SEX TRAF-
FICKING.
  S 8. Subdivision 2 of section 230.30 of the penal law, as  amended  by
chapter 627 of the laws of 1978, is amended to read as follows:
  2.  Advances  or  profits  from  prostitution  of  a  person less than
[sixteen] SEVENTEEN years old.
  S 9. Section 230.33 of the penal law, as added by chapter 450  of  the
laws of 2005, is amended to read as follows:
S 230.33 Compelling prostitution.
  A  person  is guilty of compelling prostitution when, being twenty-one
years of age or older, he or  she  knowingly  advances  prostitution  by
compelling a person less than [sixteen] SEVENTEEN years old, by force or
intimidation, to engage in prostitution.
  Compelling prostitution is a class B felony.
  S  10.  Subdivision  2 of section 240.37 of the penal law, as added by
chapter 344 of the laws of 1976, is amended to read as follows:
  2. Any person who remains or wanders  about  in  a  public  place  and
repeatedly  beckons  to,  or repeatedly stops, or repeatedly attempts to
stop, or repeatedly attempts to engage passers-by  in  conversation,  or

A. 2869                             3

repeatedly  stops  or  attempts  to  stop  motor vehicles, or repeatedly
interferes with the free passage of other persons, for  the  purpose  of
prostitution,  or of patronizing a prostitute as those terms are defined
in  article two hundred thirty of [the penal law] THIS CHAPTER, shall be
guilty of a violation and is guilty of a class  B  misdemeanor  if  such
person  has  previously been convicted of a violation of this section or
of [sections] SECTION 230.00, 230.01 or 230.05 of [the penal  law]  THIS
PART.
  S  11.  Section  60.13  of the penal law, as added by chapter 7 of the
laws of 2007, is amended to read as follows:
S 60.13 Authorized dispositions; felony sex offenses.
  When a person is to be sentenced upon  a  conviction  for  any  felony
defined in article one hundred thirty of this chapter, including a sexu-
ally  motivated  felony, or patronizing a prostitute in the first degree
as defined in section 230.06 of this chapter, SEXUAL EXPLOITATION  OF  A
CHILD  AS  DEFINED  IN  SECTION  230.06-A OF THIS CHAPTER, incest in the
second degree as defined in section 255.26 of this chapter, or incest in
the first degree as defined in section 255.27  of  this  chapter,  or  a
felony  attempt  or  conspiracy to commit any of these crimes, the court
must sentence the defendant in accordance with the provisions of section
70.80 of this title.
  S 12. Paragraph (a) of subdivision 1 of section  70.80  of  the  penal
law,  as  added  by chapter 7 of the laws of 2007, is amended to read as
follows:
  (a) For the purposes of this section, a "felony sex offense"  means  a
conviction  of  any felony defined in article one hundred thirty of this
chapter, including a sexually motivated felony, or patronizing a prosti-
tute in the first degree as defined in section 230.06 of  this  chapter,
incest  in  the second degree as defined in section 255.26 of this chap-
ter, SEXUAL EXPLOITATION OF A CHILD AS DEFINED IN  SECTION  230.06-A  OF
THIS CHAPTER, or incest in the first degree as defined in section 255.27
of  this chapter, or a felony attempt or conspiracy to commit any of the
above.
  S 13. Subparagraph (i) of paragraph (a) of subdivision  2  of  section
168-a  of  the  correction law, as amended by chapter 405 of the laws of
2008, is amended to read as follows:
  (i) a conviction of or a conviction for an attempt to  commit  any  of
the  provisions  of  sections  120.70,  130.20,  130.25, 130.30, 130.40,
130.45, 130.60, 230.34, 250.50, 255.25, 255.26 and 255.27 or article two
hundred sixty-three of the penal law, or section 135.05, 135.10,  135.20
or  135.25  of  such  law  relating to kidnapping offenses, provided the
victim of such kidnapping or related  offense  is  less  than  seventeen
years  old  and the offender is not the parent of the victim, or section
230.04, where the person patronized is in fact less than seventeen years
of age, 230.05 [or], 230.06 OR 230.06-A, or subdivision two  of  section
230.30, or section 230.32 or 230.33 of the penal law, or
  S 14. Subdivision 2 of section 60.42 of the criminal procedure law, as
added by chapter 230 of the laws of 1975, is amended to read as follows:
  2.  proves  or tends to prove that the victim has been convicted of an
offense under section 230.00 OR 230.01 of the  penal  law  within  three
years  prior to the sex offense which is the subject of the prosecution;
or
  S 15. Paragraph (d) of subdivision 1 of section 160.10 of the criminal
procedure law, as amended by chapter 232 of the laws of 2010, is amended
and a new paragraph (e) is added to read as follows:

A. 2869                             4

  (d)  Loitering for the purpose of engaging in a  prostitution  offense
as defined in subdivision two of section 240.37 of the penal law[.]; OR
  (E)  UNLAWFUL  PROSTITUTION  AS DEFINED IN SECTION 230.01 OF THE PENAL
LAW.
  S 16. Subdivision 6 of section 380.50 of the criminal  procedure  law,
as  amended  by  chapter  320 of the laws of 2006, is amended to read as
follows:
  6. Regardless of whether the victim requests to make a statement  with
regard to the defendant's sentence, where the defendant is sentenced for
a violent felony offense as defined in section 70.02 of the penal law or
a  felony  defined in article one hundred twenty-five of such law or any
of the following provisions of such law sections 130.25, 130.30, 130.40,
130.45, 255.25, 255.26, 255.27, article two hundred sixty-three, 135.10,
135.25, 230.05, 230.06, 230.06-A, subdivision two of section  230.30  or
230.32,  the  prosecutor  shall,  within sixty days of the imposition of
sentence, provide the victim with a form on which the victim  may  indi-
cate  a demand to be informed of any petition to change the name of such
defendant.   Such forms shall be maintained  by  such  prosecutor.  Upon
receipt of a notice of a petition to change the name of any such defend-
ant,  pursuant  to  subdivision  two  of  section sixty-two of the civil
rights law, the prosecutor shall promptly notify the victim at the  most
current  address or telephone number provided by such victim in the most
reasonable and expedient possible manner of  the  time  and  place  such
petition will be presented to the court.
  S  17. Subdivision 2 of section 61 of the civil rights law, as amended
by section 54 of subpart B of part C of chapter 62 of the laws of  2011,
is amended to read as follows:
  2.  If  the petitioner stands convicted of a violent felony offense as
defined in section 70.02 of the penal law or a felony defined in article
one hundred twenty-five of such law or any of the  following  provisions
of  such  law  sections  130.25, 130.30, 130.40, 130.45, 255.25, 255.26,
255.27, article two hundred sixty-three, 135.10, 135.25, 230.05, 230.06,
230.06-A, subdivision two of section 230.30 or 230.32, and is  currently
confined  as  an  inmate in any correctional facility or currently under
the supervision of the department of corrections  and  community  super-
vision  or a county probation department as a result of such conviction,
the  petition  shall  for  each  such  conviction  specify  such  felony
conviction, the date of such conviction or convictions, and the court in
which such conviction or convictions were entered.
  S  18. Subdivision 2 of section 62 of the civil rights law, as amended
by section 55 of subpart B of part C of chapter 62 of the laws of  2011,
is amended to read as follows:
  2.  If  the  petition  be  to  change  the  name of a person currently
confined as an inmate in any correctional facility  or  currently  under
the  supervision  of  the department of corrections and community super-
vision or a county probation department as a result of a conviction  for
a violent felony offense as defined in section 70.02 of the penal law or
a  felony  defined in article one hundred twenty-five of such law or any
of the following provisions of such law sections 130.25, 130.30, 130.40,
130.45, 255.25, 255.26, 255.27, article two hundred sixty-three, 135.10,
135.25, 230.05, 230.06, 230.06-A, subdivision two of section  230.30  or
230.32, notice of the time and place when and where the petition will be
presented  shall  be served, in like manner as a notice of a motion upon
an attorney in an action, upon the district attorney of every county  in
which  such  person has been convicted of such felony and upon the court
or courts in which the sentence for such felony was  entered.  Unless  a

A. 2869                             5

shorter  period  of  time  is ordered by the court, said notice shall be
served upon each such district attorney and court  or  courts  not  less
than  sixty  days prior to the date on which such petition is noticed to
be heard.
  S  19. The closing paragraph of section 64 of the civil rights law, as
separately amended by chapters 258, 320 and 481 of the laws of 2006,  is
amended to read as follows:
  Upon  compliance with the order and the filing of the affidavit of the
publication, as provided in this section, the  clerk  of  the  court  in
which  the  order has been entered shall certify that the order has been
complied with; and, if the petition states that  the  petitioner  stands
convicted of a violent felony offense as defined in section 70.02 of the
penal law or a felony defined in article one hundred twenty-five of such
law  or  any  of  the  following provisions of such law sections 130.25,
130.30, 130.40, 130.45, 255.25,  255.26,  255.27,  article  two  hundred
sixty-three,  135.10,  135.25, 230.05, 230.06, 230.06-A, subdivision two
of section 230.30 or 230.32, such clerk  (1)  shall  deliver,  by  first
class  mail,  a copy of such certified order to the division of criminal
justice services at its office in the county of Albany and (2) upon  the
clerk  of  the  court  reviewing  the  petitioner's application for name
change and subsequent in-court inquiry, may, in the clerk's  discretion,
deliver, by first class mail, the petitioner's new name with such certi-
fied  order  to  the  court  of competent jurisdiction which imposed the
orders of support.   Such certification shall  appear  on  the  original
order  and  on  any  certified  copy thereof and shall be entered in the
clerk's minutes of the proceeding.
  S 20. Subdivision 2 of section 344.4 of the family court act, as added
by chapter 761 of the laws of 1987, is amended to read as follows:
  2. proves or tends to prove that the victim has been convicted  of  an
offense  under  section  230.00  OR 230.01 of the penal law within three
years prior to the sex offense which is  the  subject  of  the  juvenile
delinquency proceeding; or
  S  21.  Subdivision (p) of section 10.03 of the mental hygiene law, as
added by chapter 7 of the laws of 2007, is amended to read as follows:
  (p) "Sex offense" means an act or acts constituting:  (1)  any  felony
defined  in  article  one  hundred  thirty of the penal law, including a
sexually motivated felony; (2) patronizing a  prostitute  in  the  first
degree  as  defined  in  section  230.06 of the penal law, incest in the
second degree as defined in section 255.26  of  the  penal  law,  SEXUAL
EXPLOITATION OF A CHILD AS DEFINED IN SECTION 230.06-A OF THE PENAL LAW,
or  incest in the first degree as defined in section 255.27 of the penal
law; (3) a felony attempt or conspiracy to commit any of  the  foregoing
offenses  set  forth in this subdivision; or (4) a designated felony, as
defined in subdivision (f) of this section, if  sexually  motivated  and
committed prior to the effective date of this article.
  S  22.  Subdivision  2 of section 353 of the multiple dwelling law, as
amended by chapter 680 of the laws  of  1967,  is  amended  to  read  as
follows:
  2. If there be two or more convictions in such dwelling within a peri-
od  of  six  months, under [sections] SECTION 230.00, 230.01, 230.25, or
230.40 of the penal law.
  S 23. Section 2324-a of the public health law, as amended  by  chapter
260 of the laws of 1978, is amended to read as follows:
  S 2324-a. Presumptive evidence. For the purposes of this title, two or
more  convictions  of  any person or persons had, within a period of one
year, for any of the  offenses  described  in  section  230.00,  230.01,

A. 2869                             6

230.05, 230.20, 230.25 or 230.30 of the penal law arising out of conduct
engaged  in  at  the same real property consisting of a dwelling as that
term is defined in subdivision four of  section  four  of  the  multiple
dwelling  law  shall be presumptive evidence of conduct constituting use
of the premises for purposes of prostitution.
  S 24. Subdivision 2 of section 715 of the real  property  actions  and
proceedings law, as added by chapter 494 of the laws of 1976, is amended
to read as follows:
  2. For purposes of this section, two or more convictions of any person
or  persons  had,  within  a period of one year, for any of the offenses
described in section 230.00, 230.01, 230.05, 230.20, 230.25,  230.30  or
230.40  of  the  penal law arising out of conduct engaged in at the same
real property consisting of a dwelling as that term is defined in subdi-
vision four of section four  of  the  multiple  dwelling  law  shall  be
presumptive  evidence  of  conduct  constituting use of the premises for
purposes of prostitution.
  S 25. Subdivision 3 of section  231  of  the  real  property  law,  as
amended  by  chapter  203  of  the  laws  of 1980, is amended to read as
follows:
  3. For the purposes of this section, two or more  convictions  of  any
person  or  persons  had,  within  a  period of one year, for any of the
offenses described in section 230.00, 230.01,  230.05,  230.20,  230.25,
230.30,  or 230.40 of the penal law arising out of conduct engaged in at
the same premises consisting of a dwelling as that term  is  defined  in
subdivision  four  of section four of the multiple dwelling law shall be
presumptive evidence of unlawful use of such premises and of the  owners
knowledge of the same.
  S  26. Paragraph (c) of subdivision 4 of section 509-cc of the vehicle
and traffic law, as amended by chapter 400  of  the  laws  of  2011,  is
amended to read as follows:
  (c)  The  offenses referred to in subparagraph (i) of paragraph (b) of
subdivision one and subparagraph (i) of paragraph (c) of subdivision two
of this section that result in disqualification for  a  period  of  five
years  shall include a conviction under sections 100.10, 105.13, 115.05,
120.03,  120.04,  120.04-a,  120.05,  120.10,  120.25,  121.12,  121.13,
125.40,  125.45, 130.20, 130.25, 130.52, 130.55, 135.10, 135.55, 140.17,
140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06,  220.09,
220.16,  220.31, 220.34, 220.60, 220.65, 221.30, 221.50, 221.55, 230.00,
230.01,  230.05,  230.06,  230.06-A,  230.20,  235.05,  235.06,  235.07,
235.21,  240.06,  245.00,  260.10, subdivision two of section 260.20 and
sections 260.25, 265.02, 265.03, 265.08, 265.09, 265.10, 265.12,  265.35
of  the  penal law or an attempt to commit any of the aforesaid offenses
under section 110.00 of the penal law, or any similar offenses committed
under a former section of the penal law, or any offenses committed under
a former section of the penal law which would constitute  violations  of
the  aforesaid  sections  of  the  penal  law, or any offenses committed
outside this state which would constitute violations  of  the  aforesaid
sections of the penal law.
  S  27.  This act shall take effect on the ninetieth day after it shall
have become a law.

2015-A2869A (ACTIVE) - Details

See Senate Version of this Bill:: S112
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd Pen L, generally; amd §168-a, Cor L; amd §§60.42, 160.10 & 380.50, CP L; amd §§61, 62 & 64, Civ Rts L; amd §344.4, Fam Ct Act; amd §10.03, Ment Hyg L; amd §353, Mult Dwell L; amd §2324-a, Pub Health L; amd §715, RPAP L; amd §231, RP L; amd §509-cc, V & T L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1986
2011-2012: S116
2013-2014: S559
2017-2018: A1957, S4937, S8702

2015-A2869A (ACTIVE) - Summary

Relates to prostitution offenses; creates the new crimes of unlawful prostitution and sexual exploitation of a child.

2015-A2869A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2869--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

Introduced  by  M.  of  A.  SEPULVEDA  --  read once and referred to the
  Committee on Codes -- recommitted to the Committee on Codes in accord-
  ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the penal law, the correction law, the  criminal  proce-
  dure  law,  the  civil  rights  law,  the family court act, the mental
  hygiene law, the multiple dwelling law, the  public  health  law,  the
  real  property  actions and proceedings law, the real property law and
  the vehicle and traffic law, in relation to prostitution offenses  and
  creating the crime of sexual exploitation of a child

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 230.00 of the penal law, as amended by chapter  169
of the laws of 1969, is amended to read as follows:
S 230.00 [Prostitution] CRIMINAL PROSTITUTION.
  A  person  is  guilty  of  CRIMINAL prostitution when, BEING SEVENTEEN
YEARS OLD OR MORE, such person engages or agrees or offers to engage  in
sexual conduct with another person in return for a fee.
  [Prostitution] CRIMINAL PROSTITUTION is a class B [Misdemeanor] MISDE-
MEANOR.
  S 2. The penal law is amended by adding a new section 230.00-a to read
as follows:
S 230.00-A UNLAWFUL PROSTITUTION.
  A  PERSON  IS  GUILTY  OF  UNLAWFUL PROSTITUTION WHEN, BEING LESS THAN
SEVENTEEN YEARS OLD, SUCH PERSON ENGAGES OR AGREES OR OFFERS  TO  ENGAGE
IN SEXUAL CONDUCT WITH ANOTHER PERSON IN RETURN FOR A FEE.
  UNLAWFUL  PROSTITUTION  IS  A  VIOLATION,  PROVIDED, HOWEVER, THAT ANY
PERSON WHO HAS PREVIOUSLY BEEN CONVICTED OF  A  CRIME  DEFINED  IN  THIS
ARTICLE  OR  SECTION  240.37  OF  THIS PART SHALL BE GUILTY OF A CLASS B
MISDEMEANOR.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00900-03-6

A. 2869--A                          2

  S 3. Sections 230.05 and 230.06 of the penal law, as amended by  chap-
ter 368 of the laws of 2015, are amended to read as follows:
S 230.05 Patronizing a person for prostitution in the second degree.
  A  person  is  guilty  of patronizing a person for prostitution in the
second degree when, being [eighteen] TWENTY-ONE years old or more, he or
she patronizes a person for prostitution and the  person  patronized  is
less than [fifteen] SEVENTEEN years old.
  Patronizing  a person for prostitution in the second degree is a class
E felony.
S 230.06 Patronizing a person for prostitution in the first degree.
  A person is guilty of patronizing a person  for  prostitution  in  the
first degree when[:
  1.  He  or  she  patronizes  a  person for prostitution and the person
patronized is less than eleven years old; or
  2. Being] BEING eighteen years old or more, he  or  she  patronizes  a
person  for  prostitution  and the person patronized is less than [thir-
teen] FIFTEEN years old.
  Patronizing a person for prostitution in the first degree is a class D
felony.
  S 4. The penal law is amended by adding a new section 230.06-a to read
as follows:
S 230.06-A SEXUAL EXPLOITATION OF A CHILD.
  A PERSON IS GUILTY OF SEXUAL EXPLOITATION OF A CHILD WHEN:
  1. BEING EIGHTEEN YEARS OF AGE OR MORE HE OR SHE PATRONIZES A  PROSTI-
TUTE AND THE PERSON PATRONIZED IS LESS THAN THIRTEEN YEARS OF AGE; OR
  2. HE OR SHE PATRONIZES A PROSTITUTE AND THE PERSON PATRONIZED IS LESS
THAN ELEVEN YEARS OF AGE.
  SEXUAL EXPLOITATION OF A CHILD IS A CLASS B FELONY.
  S 5. Section 230.07 of the penal law, as amended by chapter 368 of the
laws of 2015, is amended to read as follows:
S 230.07 Patronizing a person for prostitution; defense.
  In  any  prosecution  for patronizing a person for prostitution in the
first or second degrees, SEXUAL EXPLOITATION OF A CHILD or patronizing a
person for prostitution in a school  zone,  it  is  [a]  AN  AFFIRMATIVE
defense  that  the  defendant did not have reasonable grounds to believe
that the person was less than the age specified.
  S 6. The opening paragraph of section 230.10  of  the  penal  law,  as
amended  by  chapter  368  of  the  laws  of 2015, is amended to read as
follows:
  In any prosecution for SEXUAL EXPLOITATION OF A CHILD, prostitution or
patronizing a person for prostitution, the sex of  the  two  parties  or
prospective  parties  to  the sexual conduct engaged in, contemplated or
solicited is immaterial, and it is no defense that:
  S 7. The penal law is amended by adding a new section 230.14  to  read
as follows:
S 230.14 PROSTITUTION; DEFENSE.
  IN ANY PROSECUTION FOR UNLAWFUL PROSTITUTION OR CRIMINAL PROSTITUTION,
IT IS AN AFFIRMATIVE DEFENSE THAT THE DEFENDANT IS A VICTIM OF SEX TRAF-
FICKING.
  S  8.  Subdivision 2 of section 240.37 of the penal law, as amended by
chapter 368 of the laws of 2015, is amended to read as follows:
  2. Any person who remains or wanders  about  in  a  public  place  and
repeatedly  beckons  to,  or repeatedly stops, or repeatedly attempts to
stop, or repeatedly attempts to engage passers-by  in  conversation,  or
repeatedly  stops  or  attempts  to  stop  motor vehicles, or repeatedly
interferes with the free passage of other persons, for  the  purpose  of

A. 2869--A                          3

prostitution  as  that  term is defined in article two hundred thirty of
this part, shall be guilty of a violation and is guilty  of  a  class  B
misdemeanor  if such person has previously been convicted of a violation
of this section or of section 230.00 OR 230.00-A of this part.
  S  9. Section 60.13 of the penal law, as amended by chapter 368 of the
laws of 2015, is amended to read as follows:
S 60.13 Authorized dispositions; felony sex offenses.
  When a person is to be sentenced upon  a  conviction  for  any  felony
defined in article one hundred thirty of this chapter, including a sexu-
ally  motivated  felony, or patronizing a person for prostitution in the
first degree as defined  in  section  230.06  of  this  chapter,  SEXUAL
EXPLOITATION  OF A CHILD AS DEFINED IN SECTION 230.06-A OF THIS CHAPTER,
aggravated patronizing a minor for prostitution in the third  degree  as
defined  in  section  230.11  of  this chapter, aggravated patronizing a
minor for prostitution in the second degree as defined in section 230.12
of this chapter, aggravated patronizing a minor for prostitution in  the
first degree as defined in section 230.13 of this chapter, incest in the
second degree as defined in section 255.26 of this chapter, or incest in
the  first  degree  as  defined  in section 255.27 of this chapter, or a
felony attempt or conspiracy to commit any of these  crimes,  the  court
must sentence the defendant in accordance with the provisions of section
70.80 of this title.
  S  10.  Paragraph  (a)  of subdivision 1 of section 70.80 of the penal
law, as amended by chapter 368 of the laws of 2015, is amended  to  read
as follows:
  (a)  For  the purposes of this section, a "felony sex offense" means a
conviction of any felony defined in article one hundred thirty  of  this
chapter,  including a sexually motivated felony, or patronizing a person
for prostitution in the first degree as defined  in  section  230.06  of
this chapter, patronizing a person for prostitution in the second degree
as  defined  in section 230.05 of this chapter, SEXUAL EXPLOITATION OF A
CHILD AS DEFINED IN SECTION 230.06-A OF THIS CHAPTER, aggravated patron-
izing a minor for prostitution in the third degree as defined in section
230.11 of this chapter, aggravated patronizing a minor for  prostitution
in  the  second  degree  as  defined  in section 230.12 of this chapter,
aggravated patronizing a minor for prostitution in the first  degree  as
defined  in  section 230.13 of this chapter, incest in the second degree
as defined in section 255.26 of this chapter, or  incest  in  the  first
degree as defined in section 255.27 of this chapter, or a felony attempt
or conspiracy to commit any of the above.
  S  11.  Subparagraph  (i) of paragraph (a) of subdivision 2 of section
168-a of the correction law, as amended by chapter 368 of  the  laws  of
2015, is amended to read as follows:
  (i)  a  conviction  of or a conviction for an attempt to commit any of
the provisions of  sections  120.70,  130.20,  130.25,  130.30,  130.40,
130.45, 130.60, 230.34, 250.50, 255.25, 255.26 and 255.27 or article two
hundred  sixty-three of the penal law, or section 135.05, 135.10, 135.20
or 135.25 of such law relating  to  kidnapping  offenses,  provided  the
victim  of  such  kidnapping  or  related offense is less than seventeen
years old and the offender is not the parent of the victim,  or  section
230.04, where the person patronized is in fact less than seventeen years
of  age,  230.05,  230.06, 230.06-A, 230.11, 230.12, 230.13, subdivision
two of section 230.30, section 230.32, 230.33, or 230.34  of  the  penal
law,  or section 230.25 of the penal law where the person prostituted is
in fact less than seventeen years old, or

A. 2869--A                          4

  S 12. Subdivision 2 of section 60.42 of the criminal procedure law, as
added by chapter 230 of the laws of 1975, is amended to read as follows:
  2.  proves  or tends to prove that the victim has been convicted of an
offense under section 230.00 OR 230.00-A of the penal law  within  three
years  prior to the sex offense which is the subject of the prosecution;
or
  S 13. Paragraph (d) of subdivision 1 of section 160.10 of the criminal
procedure law, as amended by chapter 232 of the laws of 2010, is amended
and a new paragraph (e) is added to read as follows:
  (d)  Loitering for the purpose of engaging in a  prostitution  offense
as defined in subdivision two of section 240.37 of the penal law[.]; OR
  (E)  UNLAWFUL PROSTITUTION AS DEFINED IN SECTION 230.00-A OF THE PENAL
LAW.
  S 14. Subdivision 6 of section 380.50 of the criminal  procedure  law,
as  separately  amended  by chapters 368 and 394 of the laws of 2015, is
amended to read as follows:
  6. Regardless of whether the victim requests to make a statement  with
regard to the defendant's sentence, where the defendant is sentenced for
a violent felony offense as defined in section 70.02 of the penal law or
a  felony  defined in article one hundred twenty-five of such law or any
of the following provisions of such law sections 130.25, 130.30, 130.40,
130.45, 255.25, 255.26, 255.27, article two hundred sixty-three, 135.10,
135.25, 230.05, 230.06, 230.06-A, 230.11,  230.12,  230.13,  subdivision
two of section 230.30 or 230.32, the prosecutor shall, within sixty days
of  the imposition of sentence, provide the victim with a form, prepared
and distributed by the commissioner of the division of criminal  justice
services,  in  consultation  with  the  director of the office of victim
services, on which the victim may indicate a demand to  be  informed  of
any  petition  to change the name of such defendant. Such forms shall be
maintained by such prosecutor. Upon receipt of a notice of a petition to
change the name of any such defendant, pursuant to  subdivision  two  of
section sixty-two of the civil rights law, the prosecutor shall promptly
notify  the  victim  at  the  most  current  address or telephone number
provided by such victim in the most reasonable  and  expedient  possible
manner  of  the  time  and  place such petition will be presented to the
court.
  S 15. Subdivision 2 of section 61 of the civil rights law, as  amended
by  section 54 of subpart B of part C of chapter 62 of the laws of 2011,
is amended to read as follows:
  2. If the petitioner stands convicted of a violent felony  offense  as
defined in section 70.02 of the penal law or a felony defined in article
one  hundred  twenty-five of such law or any of the following provisions
of such law sections 130.25, 130.30,  130.40,  130.45,  255.25,  255.26,
255.27, article two hundred sixty-three, 135.10, 135.25, 230.05, 230.06,
230.06-A,  subdivision two of section 230.30 or 230.32, and is currently
confined as an inmate in any correctional facility  or  currently  under
the  supervision  of  the department of corrections and community super-
vision or a county probation department as a result of such  conviction,
the  petition  shall  for  each  such  conviction  specify  such  felony
conviction, the date of such conviction or convictions, and the court in
which such conviction or convictions were entered.
  S 16. Subdivision 2 of section 62 of the civil rights law, as  amended
by  section 55 of subpart B of part C of chapter 62 of the laws of 2011,
is amended to read as follows:
  2. If the petition be  to  change  the  name  of  a  person  currently
confined  as  an  inmate in any correctional facility or currently under

A. 2869--A                          5

the supervision of the department of corrections  and  community  super-
vision  or a county probation department as a result of a conviction for
a violent felony offense as defined in section 70.02 of the penal law or
a  felony  defined in article one hundred twenty-five of such law or any
of the following provisions of such law sections 130.25, 130.30, 130.40,
130.45, 255.25, 255.26, 255.27, article two hundred sixty-three, 135.10,
135.25, 230.05, 230.06, 230.06-A, subdivision two of section  230.30  or
230.32, notice of the time and place when and where the petition will be
presented  shall  be served, in like manner as a notice of a motion upon
an attorney in an action, upon the district attorney of every county  in
which  such  person has been convicted of such felony and upon the court
or courts in which the sentence for such felony was  entered.  Unless  a
shorter  period  of  time  is ordered by the court, said notice shall be
served upon each such district attorney and court  or  courts  not  less
than  sixty  days prior to the date on which such petition is noticed to
be heard.
  S 17. The closing paragraph of section 64 of the civil rights law,  as
separately  amended by chapters 258, 320 and 481 of the laws of 2006, is
amended to read as follows:
  Upon compliance with the order and the filing of the affidavit of  the
publication,  as  provided  in  this  section, the clerk of the court in
which the order has been entered shall certify that the order  has  been
complied  with;  and,  if the petition states that the petitioner stands
convicted of a violent felony offense as defined in section 70.02 of the
penal law or a felony defined in article one hundred twenty-five of such
law or any of the following provisions  of  such  law  sections  130.25,
130.30,  130.40,  130.45,  255.25,  255.26,  255.27, article two hundred
sixty-three, 135.10, 135.25, 230.05, 230.06, 230.06-A,  subdivision  two
of  section  230.30  or  230.32,  such clerk (1) shall deliver, by first
class mail, a copy of such certified order to the division  of  criminal
justice  services at its office in the county of Albany and (2) upon the
clerk of the court  reviewing  the  petitioner's  application  for  name
change  and subsequent in-court inquiry, may, in the clerk's discretion,
deliver, by first class mail, the petitioner's new name with such certi-
fied order to the court of  competent  jurisdiction  which  imposed  the
orders  of  support.    Such  certification shall appear on the original
order and on any certified copy thereof and  shall  be  entered  in  the
clerk's minutes of the proceeding.
  S 18. Subdivision 2 of section 344.4 of the family court act, as added
by chapter 761 of the laws of 1987, is amended to read as follows:
  2.  proves  or tends to prove that the victim has been convicted of an
offense under section 230.00 OR 230.00-A of the penal law  within  three
years  prior  to  the  sex  offense which is the subject of the juvenile
delinquency proceeding; or
  S 19. Subdivision (p) of section 10.03 of the mental hygiene  law,  as
amended  by  chapter  368  of  the  laws  of 2015, is amended to read as
follows:
  (p) "Sex offense" means an act or acts constituting:  (1)  any  felony
defined  in  article  one  hundred  thirty of the penal law, including a
sexually motivated felony; (2) patronizing a person for prostitution  in
the  first  degree as defined in section 230.06 of the penal law, SEXUAL
EXPLOITATION OF A CHILD AS DEFINED IN SECTION 230.06-A OF THE PENAL LAW,
aggravated patronizing a minor for prostitution in the first  degree  as
defined  in  section  230.13  of the penal law, aggravated patronizing a
minor for prostitution in the second degree as defined in section 230.12
of the penal law, aggravated patronizing a minor for prostitution in the

A. 2869--A                          6

third degree as defined in section 230.11 of the penal  law,  incest  in
the  second  degree  as  defined  in section 255.26 of the penal law, or
incest in the first degree as defined in section  255.27  of  the  penal
law;  (3)  a felony attempt or conspiracy to commit any of the foregoing
offenses set forth in this subdivision; or (4) a designated  felony,  as
defined  in  subdivision  (f) of this section, if sexually motivated and
committed prior to the effective date of this article.
  S 20. Subdivision 2 of section 353 of the multiple  dwelling  law,  as
amended  by  chapter  680  of  the  laws  of 1967, is amended to read as
follows:
  2. If there be two or more convictions in such dwelling within a peri-
od of six months, under [sections] SECTION 230.00, 230.00-A, 230.25,  or
230.40 of the penal law.
  S  21.  Section 2324-a of the public health law, as amended by chapter
368 of the laws of 2015, is amended to read as follows:
  S 2324-a. Presumptive evidence. For the purposes of this title, two or
more convictions of any person or persons had, within a  period  of  one
year,  for  any  of  the offenses described in section 230.00, 230.00-A,
230.05, 230.06, 230.08, 230.11, 230.12, 230.13, 230.20,  230.25,  230.30
or 230.32 of the penal law arising out of conduct engaged in at the same
real property consisting of a dwelling as that term is defined in subdi-
vision  four  of  section  four  of  the  multiple dwelling law shall be
presumptive evidence of conduct constituting use  of  the  premises  for
purposes of prostitution.
  S  22.  Subdivision  2 of section 715 of the real property actions and
proceedings law, as amended by chapter 368  of  the  laws  of  2015,  is
amended to read as follows:
  2. For purposes of this section, two or more convictions of any person
or  persons  had,  within  a period of one year, for any of the offenses
described in section 230.00, 230.00-A, 230.05, 230.06,  230.11,  230.12,
230.13,  230.20, 230.25, 230.30, 230.32 or 230.40 of the penal law aris-
ing out of conduct engaged in at the same real property consisting of  a
dwelling  as that term is defined in subdivision four of section four of
the multiple dwelling law  shall  be  presumptive  evidence  of  conduct
constituting use of the premises for purposes of prostitution.
  S  23.  Subdivision  3  of  section  231  of the real property law, as
amended by chapter 368 of the laws  of  2015,  is  amended  to  read  as
follows:
  3.  For  the  purposes of this section, two or more convictions of any
person or persons had, within a period of  one  year,  for  any  of  the
offenses  described in section 230.00, 230.00-A, 230.05, 230.06, 230.11,
230.12, 230.13, 230.20, 230.25, 230.30, 230.32 or 230.40  of  the  penal
law arising out of conduct engaged in at the same premises consisting of
a  dwelling  as that term is defined in subdivision four of section four
of the multiple dwelling law shall be presumptive evidence  of  unlawful
use of such premises and of the owners knowledge of the same.
  S  24. Paragraph (c) of subdivision 4 of section 509-cc of the vehicle
and traffic law, as amended by chapter 368  of  the  laws  of  2015,  is
amended to read as follows:
  (c)  The  offenses referred to in subparagraph (i) of paragraph (b) of
subdivision one and subparagraph (i) of paragraph (c) of subdivision two
of this section that result in disqualification for  a  period  of  five
years  shall include a conviction under sections 100.10, 105.13, 115.05,
120.03,  120.04,  120.04-a,  120.05,  120.10,  120.25,  121.12,  121.13,
125.40,  125.45, 130.20, 130.25, 130.52, 130.55, 135.10, 135.55, 140.17,
140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06,  220.09,

A. 2869--A                          7

220.16,  220.31, 220.34, 220.60, 220.65, 221.30, 221.50, 221.55, 230.00,
230.00-A, 230.05, 230.06,  230.06-A,  230.11,  230.12,  230.13,  230.19,
230.20, 235.05, 235.06, 235.07, 235.21, 240.06, 245.00, 260.10, subdivi-
sion  two of section 260.20 and sections 260.25, 265.02, 265.03, 265.08,
265.09, 265.10, 265.12, 265.35 of the penal law or an attempt to  commit
any  of the aforesaid offenses under section 110.00 of the penal law, or
any similar offenses committed under a former section of the penal  law,
or  any offenses committed under a former section of the penal law which
would constitute violations of the aforesaid sections of the penal  law,
or  any  offenses  committed  outside  this state which would constitute
violations of the aforesaid sections of the penal law.
  S 25. This act shall take effect on the ninetieth day after  it  shall
have become a law.

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