S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5948
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 17, 2017
                                ___________
 
 Introduced  by  M. of A. SEPULVEDA, McDONOUGH, BICHOTTE, LAWRENCE, HYND-
   MAN, RAIA -- Multi-Sponsored by -- M. of A.  CROUCH,  GIGLIO,  LAVINE,
   McKEVITT -- read once and referred to the Committee on Codes
 
 AN  ACT to amend the penal law, in relation to public lewdness; to amend
   the vehicle and traffic law, in relation to designating  public  lewd-
   ness  in  the  first  degree  as an offense which results in permanent
   disqualification as a bus driver; and to amend the correction law,  in
   relation  to  designating public lewdness in the first degree as a sex
   offense for purposes of the sex offender registration
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (c)  of  subdivision 3 of section 65.00 of the
 penal law, as amended by chapter 568 of the laws of 2004, is amended  to
 read as follows:
   (c)  For  a  class B misdemeanor, the period of probation shall be one
 year, except the period of probation shall be no less than one year  and
 no  more than three years for the class B misdemeanor of public lewdness
 IN THE FOURTH DEGREE as defined in section 245.00 of this chapter;
   § 2. Section 245.00 of the penal law, as amended by chapter 748 of the
 laws of 1968 and the opening paragraph as amended by chapter 373 of  the
 laws of 2015, is amended to read as follows:
 § 245.00 Public lewdness IN THE FOURTH DEGREE.
   A  person is guilty of public lewdness IN THE FOURTH DEGREE when he or
 she intentionally exposes the private or intimate parts of  his  or  her
 body  in  a lewd manner or commits any other lewd act[:] (a) in a public
 place, or (b) [(i)] in private premises under circumstances in which  he
 or  she may readily be observed from either a public place or from other
 private premises, and with intent that he or she  be  so  observed[,  or
 (ii)  while trespassing, as defined in section 140.05 of this part, in a
 dwelling as defined in subdivision three of section 140.00 of this part,

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04859-01-7
              

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 under circumstances in which he or she is observed  by  a  lawful  occu-
 pant].
   Public lewdness IN THE FOURTH DEGREE is a class B misdemeanor.
   §  3.  The penal law is amended by adding a new section 245.04 to read
 as follows:
 § 245.04 PUBLIC LEWDNESS IN THE THIRD DEGREE.
   A PERSON IS GUILTY OF PUBLIC LEWDNESS IN THE THIRD DEGREE WHEN  HE  OR
 SHE  INTENTIONALLY  EXPOSES  THE PRIVATE OR INTIMATE PARTS OF HIS OR HER
 BODY IN A LEWD MANNER OR COMMITS ANY OTHER LEWD  ACT  (A)  IN  A  PUBLIC
 PLACE,  OR  (B) IN A PRIVATE PREMISES UNDER CIRCUMSTANCES IN WHICH HE OR
 SHE MAY READILY BE OBSERVED FROM EITHER A PUBLIC  PLACE  OR  FROM  OTHER
 PRIVATE  PREMISES,  AND  WITH THE INTENT THAT HE OR SHE BE OBSERVED WHEN
 THE OFFENSE IS COMMITTED FOR THE PURPOSE, IN WHOLE OR SUBSTANTIAL  PART,
 OF HIS OR HER OWN SEXUAL GRATIFICATION.
   PUBLIC LEWDNESS IN THE THIRD DEGREE IS A CLASS A MISDEMEANOR.
   §  4.  The  penal law is amended by adding two new sections 245.06 and
 245.09 to read as follows:
 § 245.06 PUBLIC LEWDNESS IN THE SECOND DEGREE.
   A PERSON IS GUILTY OF PUBLIC LEWDNESS IN THE SECOND DEGREE WHEN HE  OR
 SHE COMMITS THE CRIME OF PUBLIC LEWDNESS IN THE THIRD DEGREE, AS DEFINED
 IN  SECTION 245.04 OF THIS ARTICLE, AND HAS PREVIOUSLY BEEN CONVICTED OF
 SUCH CRIME WITHIN THE PRECEDING TEN YEARS.
   PUBLIC LEWDNESS IN THE SECOND DEGREE IS A CLASS E FELONY.
 § 245.09 PUBLIC LEWDNESS IN THE FIRST DEGREE.
   A PERSON IS GUILTY OF PUBLIC LEWDNESS IN THE FIRST DEGREE WHEN  HE  OR
 SHE COMMITS THE CRIME OF PUBLIC LEWDNESS IN THE THIRD DEGREE, AS DEFINED
 IN SECTION 245.04 OF THIS ARTICLE, AND SUCH CRIME IS COMMITTED AT A TIME
 OR PLACE WHERE A CHILD UNDER THE AGE OF FOURTEEN IS PRESENT.
   PUBLIC LEWDNESS IN THE FIRST DEGREE IS A CLASS D FELONY.
   §  5.  Paragraph (b) 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:
   (b)  The offenses referred to in subparagraph (ii) of paragraph (a) of
 subdivision one and paragraph (b) of subdivision  two  of  this  section
 that  result  in  permanent  disqualification shall include a conviction
 under sections 100.13, 105.15, 105.17, 115.08, 120.12,  120.70,  125.10,
 125.11,  130.40,  130.53,  130.60,  130.65-a,  135.20,  160.15,  220.18,
 220.21, 220.39, 220.41, 220.43, 220.44, 230.25, 245.04, 245.06,  245.09,
 260.00, 265.04 of the penal law or an attempt to commit any of the afor-
 esaid  offenses  under  section 110.00 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.
   § 6. 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, 245.09, 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  seven-
 teen  years  of  age,  230.05[,] OR 230.06[, 230.11, 230.12, 230.13,] OR

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 subdivision two of section 230.30, OR section 230.32[,] OR  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
   § 7. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.