NY State Senate Bill 2017-S8702

Senate Bill S8702

2017-2018 Legislative Session

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

download bill text pdf

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
May 10, 2018	referred to codes

2017-S8702 (ACTIVE) - Details

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

2017-S8702 (ACTIVE) - Summary

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

2017-S8702 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8702

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

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 non-criminal disposition

for any charge of prostitution.

 
SUMMARY OF SPECIFIC 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 seven-
teen, 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, subdivi-
sion 1, paragraph (d) and adds a new paragraph (e). Provides that unlaw-
ful 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 13 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 guil-
ty 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 Commit-
tee 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 punish-
ment 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 crim-
inal 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 sexu-
al exploitation at the hands of pimps and persons patronizing these
children as prostitutes and discouraging children from engaging in sexu-
al 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.

 
PRIOR LEGISLATIVE HISTORY:

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
2016: 2869a Died in codes committee

 
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-S8702 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8702
 
                             I N  S E N A T E
 
                               May 10, 2018
                                ___________
 
 Introduced by Sen. SEPULVEDA -- 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.
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07126-01-7

 S. 8702                             2
 
 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
 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. 8702                             3
 
   § 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:
   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

 S. 8702                             4
 
 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
 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

 S. 8702                             5
 
 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
 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

 S. 8702                             6
 
 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,
 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,

 S. 8702                             7
 
 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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