NY State Senate Bill 2017-S4937

Senate Bill S4937

2017-2018 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 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 03, 2017	referred to codes

2017-S4937 (ACTIVE) - Details

See Assembly Version of this Bill:: A1957
Current Committee:: Senate 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
2015-2016: S112, A2869

2017-S4937 (ACTIVE) - Summary

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

2017-S4937 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4937

 TITLE OF BILL :

An act to amend the penal law, the correction law, the criminal
procedure 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

 PURPOSE :

The purpose of this bill is to protect children, especially runaway
kids who are being turned into sex slaves by parents, pimps and other
abusive adults. The bill would ensure that anyone engaging in sexual
conduct for a fee with a child, who by law is incapable of consenting
to sexual conduct, is punished to the same extent as a person who is
charged under current New York law dealing with statutory rape. The
bill also provides any sixteen year old child who engages in sexual
conduct for a fee and who is a first-time offender with a one-time
noncriminal disposition for any charge of prostitution.

 SUMMARY OF PROVISIONS :

Section 1. Amends Section 230.00 of the Penal Law. Defines criminal

prostitution. Any person who is lawfully able to consent to sexual
conduct, who engages in such sexual conduct for a fee is guilty of a
class B misdemeanor.

Section 2. Amends the Penal Law by adding a new section 230.01.
Defines unlawful prostitution. Any person, who is less than the age of
seventeen, the age of legal consent to sexual conduct, would be guilty
of unlawful prostitution, if such person engages in sexual conduct for
a fee. A first offense would be a violation, subsequent offenses by
sixteen year olds engaging in prostitution would match the penalty
imposed for seventeen year old children and other adults who engage in
prostitution.

Section 3 Amends sections 230.05 and 230.06 of the Penal Law in order
to conform the age of the person being patronized and the penalties
for patronizing such under aged children with the penalties contained
in Article 130 of the Penal Law relative to statutory rape

Section 4. Amends the Penal Law by adding a new section 230.06-a.
Creates the crime of sexual exploitation of a child. Similar to rape
in the first degree and associated sexual conduct involving children
ten years old and less as well as certain children aged eleven and
twelve, a person patronizing such under aged children would be guilty
of a class B felony.

Section 5. Amends section 230.07 of the Penal law. Shifts the burden
to the defendant who engaged in the sexual conduct with the under aged
person to show, by a preponderance of the evidence, that the defendant
did not have reasonable grounds to believe that the person was less
than the age specified.

Sections 6, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24,
25,26, and 27 are technical amendments.

Section 7. Amends the Penal Law by adding a new section 230.11.
Provides an affirmative defense for a victim of sex trafficking to a
charge of unlawful prostitution or criminal prostitution.



Section 8. Amends the Penal Law, section 230.03 (2). Increases the
penalty for a person who advances or profits from prostitution of a
person less than seventeen years old.

Section 9. Amends the Penal Law, section 230.33 Increases the penalty
for a person who by force or intimidation compels a less than
seventeen years old to engage in prostitution.

Section 15. Amends the Criminal Procedure Law, section 160.10,
subdivision 1, paragraph (d) and adds a new paragraph (e). Provides
that unlawful prostitution is a finger-printable offense.

Section 28. Effective Date

 EXISTING LAW :

Under existing law persons sixteen years and older, who engage in
sexual conduct for a fee, are guilty of a class B misdemeanor. The law
does not distinguish between actors who are capable of consent to
sexual conduct and those who are not.

Under current law a person who patronizes a prostitute, i.e., pays a
fee to engage in sexual conduct is guilty of a class A misdemeanor.
Also under current law, any person, including a sixteen year old, who
engages in sexual conduct with a minor aged sixteen or younger is
guilty of sexual misconduct, a class A misdemeanor.

Under current law an actor 21 years old or more who engages in sexual
conduct with a person under the age of seventeen is guilty of a class
E felony. If this same individual pays a fee to engage in sexual
conduct with a fourteen, fifteen or sixteen year old child, the person
is only guilty of a class A misdemeanor.

Under current law, if the actor is eighteen years of age or older and
engages in sexual conduct with a person under the age of fifteen the
person is guilty of a class D felony. If this same person pays a fee
to engage in sexual conduct with a fourteen or thirteen year old
child, the person is only guilty of a class E felony.

In addition, under current law it is a B felony for anyone eighteen
years of age or over to engage in sexual conduct with a twelve or
eleven year old and for anyone criminally responsible to engage in
sexual conduct with a child ten years old or younger. However under
current law if someone aged eighteen years or older pays a fee to
engage in sexual conduct with a twelve or eleven year old child, the
person is only guilty of a class E felony. A person who pays a fee to
engage in sexual conduct with a child ten years old or younger is only
guilty of a class D felony

Under current law a pimp or other person aiding a sixteen or seventeen
year old minor to engage in prostitution is guilty of a class D
felony. Current law makes this activity a class C felony for aiding
children fifteen or younger to engage in prostitution.

Under current law a person who by force or intimidation compels
someone fifteen years old or younger to engage in prostitution is
guilty of a class B felony.

 JUSTIFICATION :

Current laws governing statutory rape of a minor child and
prostitution by a minor child are at odds. A minor child under the age
of eighteen who accepts money or other valuable consideration in
exchange for sex is treated just like an adult and charged as a
criminal. At the same time, the penal law makes it a crime to engage
in sex with a minor under the age of seventeen. Common sense dictates
that children, who as a matter of law are incapable of consent to
sexual intercourse or anal or oral sexual conduct are actually victims
of sexual abuse by virtue of their age. Testimony elicited at a March
2007 Assembly Children and Family Committee sponsored roundtable on
sexually exploited children drew attention to this anomaly in state
law.

Individuals who engage in criminal sexual conduct with children should
not face lesser sentences because they paid for the criminal conduct.
Nor should pimps and other criminal sex abusers receive lesser
punishment because the minor being sold for sex or forced into such
activity is sixteen years old. Sixteen year olds are incapable of
consent to sexual conduct as it matter of law and are victims. They
deserve the same protections other minor children receive from pimps
and other criminal sex abusers.

In addition, the law should make distinctions between children who are
incapable of consent as a matter of law and others who can consent to
sexual conduct. At the same time, recognizing that the law should not
encourage minors under the age of seventeen to engage in sexual
conduct and that criminally culpable minors ought to bear some
responsibility for engaging in illegal activity, prostitution by
criminally culpable minors should continue to be proscribed by the
penal law.

In an effort to balance the twin goals of protecting children from
sexual exploitation at the hands of pimps and persons patronizing
these children as prostitutes and discouraging children from engaging
in sexual conduct for money or other valuable consideration, a reduced
penalty is proposed for minors, who are a matter of law are incapable
of consent to sexual conduct but who engage in this activity in
exchange for money or other valuable consideration.  Repeat offenders
would be subject to the same penalties as under current law.

 LEGISLATIVE HISTORY :

2016: S.112A - AMEND AND RECOMMIT TO CODES
2015: S.112A - REFERRED TO CODES
2014: S.559A - Amend and Recommit to Codes/A.3174 - Amend and Recommit
to Codes
2013: S.559 - Referred to Codes/A.3174 - Referred to Codes
2012: S.116- Referred to Judiciary
2011: S.116 - Notice of Committee Consideration Requested, Committee
Discharged and Committed to Judiciary
2009-10: S.1986 Referred to Codes/A.3202 - Referred to Codes
2007-07: S 5455A - Advanced to Third Reading/A 7426A - Amended and
Recommitted to Codes

 FISCAL IMPLICATIONS :

None to the State.

 LOCAL FISCAL IMPLICATIONS :

Some reduction in local incarceration and probation costs can be
expected. In addition a minor reduction in family court and juvenile
detention expenditures may occur.

 EFFECTIVE DATE :
Ninety days next succeeding the day it shall have become a law.

2017-S4937 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4937
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2017
                                ___________
 
 Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
   printed to be committed 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:
 § 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.
   § 2. The penal law is amended by adding a new section 230.00-a to read
 as follows:
 § 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.
   § 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:
 § 230.05 Patronizing a person for prostitution in the second degree.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07126-01-7

 S. 4937                             2
 
   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.
 § 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.
   § 4. The penal law is amended by adding a new section 230.06-a to read
 as follows:
 § 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.
   § 5. Section 230.07 of the penal law, as amended by chapter 368 of the
 laws of 2015, is amended to read as follows:
 § 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.
   § 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:
   § 7. The penal law is amended by adding a new section 230.14  to  read
 as follows:
 § 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.
   §  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
 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

 S. 4937                             3
 
 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.
   §  9. Section 60.13 of the penal law, as amended by chapter 368 of the
 laws of 2015, is amended to read as follows:
 § 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.
   §  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.
   §  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
   § 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:

 S. 4937                             4
 
   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
   § 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.
   §  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.
   §  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.
   §  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
 the  supervision  of  the department of corrections and community super-
 vision or a county probation department as a result of a conviction  for

 S. 4937                             5

 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.
   §  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.
   § 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
   §  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
 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

 S. 4937                             6
 
 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.
   § 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.
   §  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:
   § 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.
   §  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.
   §  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.
   §  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,
 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,

 S. 4937                             7
 
 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.
   § 25. This act shall take effect on the ninetieth day after  it  shall
 have become a law.

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