S T A T E O F N E W Y O R K
________________________________________________________________________
S. 2983 A. 2342
2017-2018 Regular Sessions
S E N A T E - A S S E M B L Y
January 18, 2017
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IN SENATE -- Introduced by Sens. GOLDEN, YOUNG -- read twice and ordered
printed, and when printed to be committed to the Committee on Codes
IN ASSEMBLY -- Introduced by M. of A. MALLIOTAKIS -- read once and
referred to the Committee on Codes
AN ACT to amend the penal law, in relation to promoting prostitution,
patronizing a prostitute and permitting prostitution; and to amend the
correction law, in relation to designating permitting prostitution in
the first degree as a sex offense for the purposes of the sex offender
registration act
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs (a), (b), (c) and (d) of subdivision 1 of
section 70.02 of the penal law, paragraphs (a) and (c) as amended by
chapter 368 of the laws of 2015, paragraph (b) as amended by chapter 1
of the laws of 2013, and paragraph (d) as amended by chapter 7 of the
laws of 2007, are amended to read as follows:
(a) Class B violent felony offenses: an attempt to commit the class
A-I felonies of murder in the second degree as defined in section
125.25, kidnapping in the first degree as defined in section 135.25, and
arson in the first degree as defined in section 150.20; manslaughter in
the first degree as defined in section 125.20, aggravated manslaughter
in the first degree as defined in section 125.22, rape in the first
degree as defined in section 130.35, criminal sexual act in the first
degree as defined in section 130.50, aggravated sexual abuse in the
first degree as defined in section 130.70, course of sexual conduct
against a child in the first degree as defined in section 130.75[;],
PROMOTING PROSTITUTION IN THE FIRST DEGREE AS DEFINED IN SECTION 230.32,
assault in the first degree as defined in section 120.10, kidnapping in
the second degree as defined in section 135.20, burglary in the first
degree as defined in section 140.30, arson in the second degree as
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04239-02-7
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defined in section 150.15, robbery in the first degree as defined in
section 160.15, sex trafficking as defined in paragraphs (a) and (b) of
subdivision five of section 230.34, incest in the first degree as
defined in section 255.27, criminal possession of a weapon in the first
degree as defined in section 265.04, criminal use of a firearm in the
first degree as defined in section 265.09, criminal sale of a firearm in
the first degree as defined in section 265.13, aggravated assault upon a
police officer or a peace officer as defined in section 120.11, gang
assault in the first degree as defined in section 120.07, intimidating a
victim or witness in the first degree as defined in section 215.17,
hindering prosecution of terrorism in the first degree as defined in
section 490.35, criminal possession of a chemical weapon or biological
weapon in the second degree as defined in section 490.40, and criminal
use of a chemical weapon or biological weapon in the third degree as
defined in section 490.47.
(b) Class C violent felony offenses: an attempt to commit any of the
class B felonies set forth in paragraph (a) of this subdivision; aggra-
vated criminally negligent homicide as defined in section 125.11, aggra-
vated manslaughter in the second degree as defined in section 125.21,
aggravated sexual abuse in the second degree as defined in section
130.67, PATRONIZING A PERSON FOR PROSTITUTION IN THE FIRST DEGREE AS
DEFINED IN SECTION 230.06, PROMOTING PROSTITUTION IN THE SECOND DEGREE
AS DEFINED IN SUBDIVISION TWO OF SECTION 230.30, assault on a peace
officer, police officer, fireman or emergency medical services profes-
sional as defined in section 120.08, assault on a judge as defined in
section 120.09, gang assault in the second degree as defined in section
120.06, strangulation in the first degree as defined in section 121.13,
burglary in the second degree as defined in section 140.25, robbery in
the second degree as defined in section 160.10, criminal possession of a
weapon in the second degree as defined in section 265.03, criminal use
of a firearm in the second degree as defined in section 265.08, criminal
sale of a firearm in the second degree as defined in section 265.12,
criminal sale of a firearm with the aid of a minor as defined in section
265.14, aggravated criminal possession of a weapon as defined in section
265.19, soliciting or providing support for an act of terrorism in the
first degree as defined in section 490.15, hindering prosecution of
terrorism in the second degree as defined in section 490.30, and crimi-
nal possession of a chemical weapon or biological weapon in the third
degree as defined in section 490.37.
(c) Class D violent felony offenses: an attempt to commit any of the
class C felonies set forth in paragraph (b); reckless assault of a child
as defined in section 120.02, assault in the second degree as defined in
section 120.05, menacing a police officer or peace officer as defined in
section 120.18, stalking in the first degree, as defined in subdivision
one of section 120.60, strangulation in the second degree as defined in
section 121.12, rape in the second degree as defined in section 130.30,
criminal sexual act in the second degree as defined in section 130.45,
sexual abuse in the first degree as defined in section 130.65, course of
sexual conduct against a child in the second degree as defined in
section 130.80, aggravated sexual abuse in the third degree as defined
in section 130.66, facilitating a sex offense with a controlled
substance as defined in section 130.90, labor trafficking as defined in
paragraphs (a) and (b) of subdivision three of section 135.35, PATRONIZ-
ING A PERSON FOR PROSTITUTION IN THE SECOND DEGREE AS DEFINED IN SECTION
230.05, PROMOTING PROSTITUTION IN THE THIRD DEGREE AS DEFINED IN SUBDI-
VISION TWO OF SECTION 230.25, criminal possession of a weapon in the
S. 2983 3 A. 2342
third degree as defined in subdivision five, six, seven, eight, nine or
ten of section 265.02, criminal sale of a firearm in the third degree as
defined in section 265.11, intimidating a victim or witness in the
second degree as defined in section 215.16, soliciting or providing
support for an act of terrorism in the second degree as defined in
section 490.10, and making a terroristic threat as defined in section
490.20, falsely reporting an incident in the first degree as defined in
section 240.60, placing a false bomb or hazardous substance in the first
degree as defined in section 240.62, placing a false bomb or hazardous
substance in a sports stadium or arena, mass transportation facility or
enclosed shopping mall as defined in section 240.63, and aggravated
unpermitted use of indoor pyrotechnics in the first degree as defined in
section 405.18.
(d) Class E violent felony offenses: an attempt to commit any of the
felonies of criminal possession of a weapon in the third degree as
defined in subdivision five, six, seven or eight of section 265.02 as a
lesser included offense of that section as defined in section 220.20 of
the criminal procedure law, persistent sexual abuse as defined in
section 130.53, aggravated sexual abuse in the fourth degree as defined
in section 130.65-a, PATRONIZING A PERSON FOR PROSTITUTION IN THE THIRD
DEGREE AS DEFINED IN SECTION 230.04, falsely reporting an incident in
the second degree as defined in section 240.55 and placing a false bomb
or hazardous substance in the second degree as defined in section
240.61.
§ 2. Subdivision 5 of section 60.05 of the penal law, as amended by
chapter 405 of the laws of 2010, is amended to read as follows:
5. Certain class D felonies. Except as provided in subdivision six of
this section, every person convicted of the class D felonies of assault
in the second degree as defined in section 120.05, strangulation in the
second degree as defined in section 121.12 [or attempt to commit a class
C felony as defined in section 230.30 of this chapter,] must be
sentenced in accordance with section 70.00 or 85.00 of this title.
§ 3. The closing paragraph of section 230.04 of the penal law, as
amended by chapter 368 of the laws of 2015, is amended to read as
follows:
Patronizing a person for prostitution in the third degree is a class
[A misdemeanor] E FELONY.
§ 4. The closing paragraph of section 230.05 of the penal law, as
amended by chapter 368 of the laws of 2015, is amended to read as
follows:
Patronizing a person for prostitution in the second degree is a class
[E] D felony.
§ 5. The closing paragraph of section 230.06 of the penal law, as
amended by chapter 368 of the laws of 2015, is amended to read as
follows:
Patronizing a person for prostitution in the first degree is a class
[D] C felony.
§ 6. Section 230.40 of the penal law, the opening paragraph as amended
by chapter 368 of the laws of 2015, is amended to read as follows:
§ 230.40 Permitting prostitution IN THE SECOND DEGREE.
A person is guilty of permitting prostitution IN THE SECOND DEGREE
when, having possession or control of premises or vehicle which he or
she knows are being used for prostitution purposes or for the purpose of
advancing prostitution, he or she fails to make reasonable effort to
halt or abate such use.
S. 2983 4 A. 2342
Permitting prostitution IN THE SECOND DEGREE is a class [B] A misde-
meanor.
§ 7. The penal law is amended by adding a new section 230.45 to read
as follows:
§ 230.45 PERMITTING PROSTITUTION IN THE FIRST DEGREE.
A PERSON IS GUILTY OF PERMITTING PROSTITUTION IN THE FIRST DEGREE WHEN
HAVING POSSESSION OR CONTROL OF PREMISES WHICH HE OR SHE KNOWS ARE BEING
USED FOR PROSTITUTION PURPOSES INCLUDING THE PROSTITUTION OF A CHILD
LESS THAN SEVENTEEN YEARS OF AGE, HE OR SHE FAILS TO MAKE REASONABLE
EFFORT TO HALT OR ABATE SUCH USE.
PERMITTING PROSTITUTION IN THE FIRST DEGREE IS A CLASS E FELONY.
§ 8. 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] PROVISION of [sections] SECTION 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, 230.11, 230.12, 230.13,
subdivision two of section 230.30, section 230.32, 230.33, [or] 230.34,
OR 230.45 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
§ 9. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.