NY State Senate Bill 2015-S1950A

Archive: Last Bill Status - In Senate Committee Codes 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 28, 2016	print number 1950a
Jan 28, 2016	amend (t) and recommit to codes
Jan 06, 2016	referred to codes
Jan 15, 2015	referred to codes

Bill Amendments

Original

A (Active)

2015-S1950 - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §230.07, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S8109
2011-2012: S618
2013-2014: S2261

2015-S1950 - Summary

Establishes an affirmative defense against patronizing a person for prostitution.

2015-S1950 - Sponsor Memo

                                BILL NUMBER:S1950

TITLE OF BILL:

An act to amend the penal law, in relation to defenses against
patronizing a prostitute

PURPOSE OR GENERAL IDEA OF BILL:

To shift the burden of proof to those who commit the crime of either
patronizing a prostitute in the first degree or second degree by
making it an affirmative defense that the defendant did not reasonably
believe that the person patronized was less than the age specified in
current law.

CURRENT LAW:

Section 230.07 of the penal law provides that it is a defense to the
crime of patronizing a prostitute in the first or second degree that
the defendant did not have reasonable grounds to believe that the
person patronized was less than the age specified for such crimes.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends section 230.07 of the penal law, by providing that
it shall be an affirmative defense to the crime of patronizing a

prostitute in the, first or second degree that the defendant did not
have reasonable grounds to believe that the person patronized was less
than the age specified for such crimes.

Section 2: Immediate effective date.

JUSTIFICATION:

Currently, it is a defense to the crime of patronizing a prostitute in
either the first or second degree that the defendant did not have
reasonable grounds to believe that the person was less than the age
specified. It is a valid defense if a defendant merely asserts that
there was no reasonable way to know that the person patronized was
younger than fourteen years old. In such cases, the prosecutor has the
burden of proving that the defendant did have reasonable grounds to
believe that the person patronized was younger than the age specified
in statute.

This legislation will change the current law by shifting the burden of
proof onto the defendant. The defendant will have to prove that he or
she did not have reasonable grounds to believe that the person
patronized was younger than fourteen years old. The intention of this
legislation is to create a system that will make it more difficult for
people to patronize child prostitutes.

PRIOR LEGISLATIVE HISTORY:

2010 - Referred to Codes; Passed Senate
S.8109. 2012 - Referred to Codes; Passed Senate
S. 618; 2013/2014


S.2261; Passed Senate both years

FISCAL IMPLICATION:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S1950 - Bill Text download pdf

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

                                  1950

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 15, 2015
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to defenses against patroniz-
  ing a prostitute

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

  Section  1.  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, 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 2. This act shall take effect immediately.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08020-01-5

2015-S1950A (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §230.07, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S8109
2011-2012: S618
2013-2014: S2261

2015-S1950A (ACTIVE) - Summary

Establishes an affirmative defense against patronizing a person for prostitution.

2015-S1950A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1950A

 TITLE OF BILL :

An act to amend the penal law, in relation to defenses against
patronizing a person for prostitution

 PURPOSE OR GENERAL IDEA OF BILL :

To shift the burden of proof to those who commit the crime of either
patronizing a prostitute in the first degree or second degree by
making it an affirmative defense that the defendant did not reasonably
believe that the person patronized was less than the age specified in
current law.

 CURRENT LAW :

Section 230.07 of the penal law provides that it is a defense to the
crime of patronizing a prostitute in the first or second degree that
the defendant did not have reasonable grounds to believe that the
person patronized was less than the age specified for such crimes.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1: Amends section 230.07 of the penal law, by providing that
it shall be an affirmative defense to the crime of patronizing a

prostitute in the, first or second degree that the defendant did not
have reasonable grounds to believe that the person patronized was less
than the age specified for such crimes. This bill was amended in 2016
due to a new chapter law that was enacted in 2015.

Section 2: Immediate effective date.

 JUSTIFICATION :

Currently, it is a defense to the crime of patronizing a prostitute in
either the first or second degree that the defendant did not have
reasonable grounds to believe that the person was less than the age
specified. It is a valid defense if a defendant merely asserts that
there was no reasonable way to know that the person patronized was
younger than fourteen years old. In such cases, the prosecutor has the
burden of proving that the defendant did have reasonable grounds to
believe that the person patronized was younger than the age specified
in statute.

This legislation will change the current law by shifting the burden of
proof onto the defendant. The defendant will have to prove that he or
she did not have reasonable grounds to believe that the person
patronized was younger than fourteen years old. The intention of this
legislation is to create a system that will make it more difficult for
people to patronize child prostitutes.

 PRIOR LEGISLATIVE HISTORY :

2010 - Referred to Codes; Passed Senate
S.8109. 2012 - Referred to Codes; Passed Senate
S. 618; 2013/2014
S.2261; Passed Senate both years

 FISCAL IMPLICATION :

None.

2015-S1950A (ACTIVE) - Bill Text download pdf

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

                                 1950--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 15, 2015
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes  --  recommitted  to
  the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN ACT to amend the penal law, in relation to defenses against patroniz-
  ing a person for prostitution

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

  Section 1.  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 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 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08020-03-6

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Senate Bill S1950A

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Bill Amendments

2015-S1950 - Details

2015-S1950 - Summary

2015-S1950 - Sponsor Memo

2015-S1950 - Bill Text download pdf

2015-S1950A (ACTIVE) - Details

2015-S1950A (ACTIVE) - Summary

2015-S1950A (ACTIVE) - Sponsor Memo

2015-S1950A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1950A

Share this bill

Sponsored By

Jeffrey D. Klein

Archive: Last Bill Status - In Senate Committee Codes Committee

Bill Amendments

2015-S1950 - Details

2015-S1950 - Summary

2015-S1950 - Sponsor Memo

2015-S1950 - Bill Text download pdf

2015-S1950A (ACTIVE) - Details

2015-S1950A (ACTIVE) - Summary

2015-S1950A (ACTIVE) - Sponsor Memo

2015-S1950A (ACTIVE) - Bill Text download pdf

Comments