S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    849
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of  A. GOTTFRIED, NIOU, KIM, QUART, CRUZ, O'DONNELL,
   DICKENS, DE LA ROSA -- read once and  referred  to  the  Committee  on
   Codes
 
 AN  ACT to amend the penal law, in relation to decriminalizing sex work;
   and to repeal certain provisions of such law relating to  prostitution
   (Part  A); to amend the criminal procedure law, the civil practice law
   and rules, the social services law, and the administrative code of the
   city of New York, in relation to eliminating  prior  criminal  records
   and  making other related changes; and to repeal certain provisions of
   the criminal procedure law relating to the prosecution of prostitution
   offenses (Part B); and to amend the multiple dwelling law, the  public
   health  law,  the  real property actions and proceedings law, the real
   property law, the vehicle and traffic law, and the administrative code
   of the city of New York, in  relation  to  making  conforming  changes
   (Part C)
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act enacts into law major  components  of  legislation
 relating to the decriminalization of certain prostitution offenses. Each
 component  of  this  act is wholly contained within a Part identified as
 Parts A through C. The effective  date  for  each  particular  provision
 contained  within  such  Part  is  set forth in the last section of such
 Part. Any provision in any section contained within  a  Part,  including
 the  effective  date of the Part, which makes reference to a section "of
 this act", when used in connection with that particular component, shall
 be deemed to mean and refer to the corresponding section of the Part  in
 which  it  is  found.  Section three of this act sets  forth the general
 effective date of this act.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00419-02-1
              

 A. 849                              2
 
                                  PART A
                             DECRIMINALIZATION
 
   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; DEFINITIONS.
   [A person is guilty of prostitution when such person engages or agrees
 or offers to engage in sexual conduct with another person in return  for
 a fee.
   Prostitution is a class B Misdemeanor]
   AS  USED IN THIS CHAPTER, THE FOLLOWING TERMS HAVE THE FOLLOWING MEAN-
 INGS:
   1. "PROSTITUTION" MEANS ENGAGING  OR  AGREEING  TO  ENGAGE  IN  SEXUAL
 CONDUCT WITH ANOTHER PERSON IN RETURN FOR A FEE.
   2.  A PERSON "PATRONIZES A PERSON FOR PROSTITUTION" WHEN: (A) PURSUANT
 TO A PRIOR UNDERSTANDING, THE ACTOR PAYS A  FEE  TO  ANOTHER  PERSON  AS
 COMPENSATION  FOR  SUCH OTHER PERSON OR A THIRD PERSON HAVING ENGAGED IN
 SEXUAL CONDUCT WITH THE ACTOR; OR
   (B) THE PERSON PAYS OR AGREES TO PAY A FEE TO ANOTHER PERSON  PURSUANT
 TO AN UNDERSTANDING THAT IN RETURN THEREFOR SUCH OTHER PERSON OR A THIRD
 PERSON WILL ENGAGE IN SEXUAL CONDUCT WITH THE ACTOR; OR
   (C) THE PERSON SOLICITS OR REQUESTS ANOTHER PERSON TO ENGAGE IN SEXUAL
 CONDUCT WITH THE ACTOR IN RETURN FOR A FEE.
   3.  "PERSON  WHO  IS  PATRONIZED" MEANS THE PERSON WITH WHOM THE ACTOR
 ENGAGED IN SEXUAL CONDUCT OR WAS  TO  HAVE  ENGAGED  IN  SEXUAL  CONDUCT
 PURSUANT  TO  THE  UNDERSTANDING,  OR  THE  PERSON  WHO WAS SOLICITED OR
 REQUESTED BY THE ACTOR TO ENGAGE IN SEXUAL CONDUCT.
   4. "SCHOOL ZONE" MEANS (A) IN OR ON OR WITHIN ANY BUILDING, STRUCTURE,
 ATHLETIC PLAYING FIELD, PLAYGROUND OR LAND  CONTAINED  WITHIN  THE  REAL
 PROPERTY  BOUNDARY  LINE  OF  A PUBLIC OR PRIVATE ELEMENTARY, PAROCHIAL,
 INTERMEDIATE, JUNIOR HIGH, VOCATIONAL, OR HIGH SCHOOL, OR (B) ANY PUBLIC
 SIDEWALK, STREET, PARKING LOT, PARK, PLAYGROUND OR PRIVATE LAND, LOCATED
 IMMEDIATELY ADJACENT TO THE BOUNDARY LINE OF SUCH SCHOOL.
   5. (A) "ADVANCE PROSTITUTION." A PERSON "ADVANCES PROSTITUTION"  WHEN,
 ACTING  OTHER  THAN  AS A PERSON IN PROSTITUTION OR AS A PATRON THEREOF,
 AND WITH INTENT TO CAUSE PROSTITUTION, THE  ACTOR  DIRECTLY  ENGAGES  IN
 CONDUCT THAT FACILITATES AN ACT OR ENTERPRISE OF PROSTITUTION.
   (B)  CONDUCT  BY  A  PERSON  UNDER  TWENTY-ONE  YEARS OF AGE SHALL NOT
 CONSTITUTE ADVANCING PROSTITUTION  UNLESS  THE  PERSON  PARTICIPATED  IN
 COMPULSION BY FORCE OR INTIMIDATION OR IN SEX TRAFFICKING, OR THE PERSON
 WHOSE PROSTITUTION WAS ADVANCED IS UNDER SEVENTEEN YEARS OF AGE.
   6.  "PROFIT  FROM  PROSTITUTION."  A  PERSON PROFITS FROM PROSTITUTION
 WHEN, ACTING OTHER THAN AS A PERSON IN  PROSTITUTION  RECEIVING  COMPEN-
 SATION  FOR PERSONALLY RENDERED PROSTITUTION SERVICES, THE ACTOR ACCEPTS
 OR RECEIVES MONEY OR OTHER PROPERTY PURSUANT TO AN AGREEMENT  OR  UNDER-
 STANDING WITH ANY PERSON WHEREBY THE ACTOR PARTICIPATES OR IS TO PARTIC-
 IPATE IN THE PROCEEDS OF PROSTITUTION ACTIVITY.
   § 2. Section 230.01 of the penal law, as amended by chapter 189 of the
 laws of 2018, is amended to read as follows:
 § 230.01 Prostitution; affirmative defense.
   In  any  prosecution  under  [section 230.00,] section 230.03, section
 230.19, [230.20, subdivision 2 of  section  230.25,]  subdivision  2  of
 section  230.30,  OR  section  230.34-a  [or  subdivision two of section
 240.37] of this [part] ARTICLE, it is an affirmative  defense  that  the
 defendant's  participation  in the offense was a result of having been a
 victim of compelling prostitution under section 230.33, a victim of  sex

 A. 849                              3
 
 trafficking  under section 230.34 of this article, a victim of sex traf-
 ficking of a child under section 230.34-a of this article or a victim of
 trafficking in persons under  the  trafficking  victims  protection  act
 (United States Code, Title 22, Chapter 78).
   § 3. Section 230.02 of the penal law is REPEALED.
   §  4.  Section 230.03 of the penal law, as added by chapter 191 of the
 laws of 2011, subdivision 2 as amended by chapter 368  of  the  laws  of
 2015, is amended to read as follows:
 § 230.03 Prostitution in a school zone.
   [1.]  A  person is guilty of prostitution in a school zone when, being
 nineteen years of age or older, and acting during the hours that  school
 is in session, [he or she] THE ACTOR commits [the crime] AN ACT of pros-
 titution  [in  violation  of  section 230.00 of this article] at a place
 that [he or she] THE ACTOR knows, or reasonably should  know,  is  in  a
 school zone, and [he or she] THE ACTOR knows, or reasonably should know,
 that  such  act  of  prostitution  is within the direct view of children
 attending such school.
   [2. For the purposes of  this  section,  section  230.08  and  section
 230.19  of  this article, "school zone" means (a) in or on or within any
 building,  structure,  athletic  playing  field,  playground   or   land
 contained  within the real property boundary line of a public or private
 elementary, parochial, intermediate, junior high,  vocational,  or  high
 school,  or  (b)  any  public sidewalk, street, parking lot, park, play-
 ground or private land, located immediately  adjacent  to  the  boundary
 line of such school.]
   Prostitution in a school zone is a class A misdemeanor.
   §  5.  Sections 230.04, 230.05, 230.06, 230.07 and 230.08 of the penal
 law, sections 230.04, 230.05, 230.06 and 230.07 as amended  and  section
 230.08  as added by chapter 368 of the laws of 2015, are amended to read
 as follows:
 § 230.04 Patronizing a person for prostitution in the third degree.
   A person is guilty of patronizing a person  for  prostitution  in  the
 third  degree when [he or she] THE ACTOR patronizes a person for prosti-
 tution AND THE PERSON PATRONIZED IS LESS THAN EIGHTEEN YEARS OLD.
   Patronizing a person for prostitution in the third degree is a class A
 misdemeanor.
 § 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 years old or more, [he or she] THE
 ACTOR patronizes a person for prostitution and the person patronized  is
 less than fifteen 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] THE ACTOR patronizes a person for prostitution and the
 person patronized is less than eleven years old; or
   2. Being eighteen years old or more, [he or she] THE ACTOR  patronizes
 a  person  for prostitution and the person patronized is less than thir-
 teen years old.
   Patronizing a person for prostitution in the first degree is a class D
 felony.
 § 230.07 Patronizing a person for prostitution; defense.
   In any prosecution for patronizing a person for  prostitution  in  the
 first  [or], second OR THIRD degrees or patronizing a person for prosti-

 A. 849                              4
 
 tution in a school zone, it is a defense that the defendant did not have
 reasonable grounds to believe that the person  was  less  than  the  age
 specified.
 § 230.08 Patronizing a person for prostitution in a school zone.
   [1.]  A person is guilty of patronizing a person for prostitution in a
 school zone when, being twenty-one years old or more, [he  or  she]  THE
 ACTOR  patronizes a person for prostitution and the person patronized is
 less than eighteen years old at a place  that  [he  or  she]  THE  ACTOR
 knows, or reasonably should know, is in a school zone.
   [2.  For  purposes  of  this section, "school zone" shall mean "school
 zone" as defined in subdivision two of section 230.03 of this article.]
   Patronizing a person for prostitution in a school zone is  a  class  E
 felony.
   §  6.  Section  230.10  of  the penal law, the section heading and the
 opening paragraph as amended by chapter 368 of  the  laws  of  2015,  is
 amended to read as follows:
 § 230.10 Prostitution  and  patronizing  a  person  for prostitution; no
            defense.
   In any prosecution for prostitution or patronizing a person for  pros-
 titution, the sex of [the two] ANY OF THE parties or prospective parties
 to the sexual conduct engaged in, contemplated or solicited is immateri-
 al[, and it is no defense that:
   1. Such persons were of the same sex; or
   2. The person who received, agreed to receive or solicited a fee was a
 male  and the person who paid or agreed or offered to pay such fee was a
 female].
   § 7. Sections 230.11, 230.12 and 230.13 of the penal law, as added  by
 chapter 368 of the laws of 2015, are amended to read as follows:
 § 230.11 Aggravated  patronizing  a  minor for prostitution in the third
            degree.
   A person is guilty of aggravated patronizing a minor for  prostitution
 in  the  third  degree  when, being twenty-one years old or more, [he or
 she] THE ACTOR patronizes a  person  for  prostitution  and  the  person
 patronized  is  less  than  seventeen years old and the person guilty of
 patronizing engages in sexual intercourse,  oral  sexual  conduct,  anal
 sexual  conduct, or aggravated sexual conduct as those terms are defined
 in section 130.00 of this part, with the person patronized.
   Aggravated patronizing a minor for prostitution in the third degree is
 a class E felony.
 § 230.12 Aggravated patronizing a minor for prostitution in  the  second
            degree.
   A  person is guilty of aggravated patronizing a minor for prostitution
 in the second degree when, being eighteen years old or more, [he or she]
 THE ACTOR patronizes a person for prostitution and the person patronized
 is less than fifteen years old and  the  person  guilty  of  patronizing
 engages in sexual intercourse, oral sexual conduct, anal sexual conduct,
 or  aggravated  sexual  conduct  as  those  terms are defined in section
 130.00 of this part, with the person patronized.
   Aggravated patronizing a minor for prostitution in the  second  degree
 is a class D felony.
 § 230.13 Aggravated  patronizing  a  minor for prostitution in the first
            degree.
   A person is guilty of aggravated patronizing a minor for  prostitution
 in  the  first degree when [he or she] THE ACTOR patronizes a person for
 prostitution and the person patronized is less than eleven years old, or
 being eighteen years old or more, [he or she]  THE  ACTOR  patronizes  a

 A. 849                              5
 
 person  for prostitution and the person patronized is less than thirteen
 years old, and the person guilty of patronizing engages in sexual inter-
 course, oral sexual conduct, anal sexual conduct, or  aggravated  sexual
 conduct  as those terms are defined in section 130.00 of this part, with
 the person patronized.
   Aggravated patronizing a minor for prostitution in the first degree is
 a class B felony.
   § 8. Section 230.15 of the penal law is REPEALED.
   § 9. Section 230.19 of the penal law, as added by chapter 191  of  the
 laws  of  2011,  subdivision  1 as amended by chapter 368 of the laws of
 2015, is amended to read as follows:
 § 230.19 Promoting prostitution in a school zone.
   [1.] A person is guilty of promoting prostitution  in  a  school  zone
 when,  being nineteen years old or more, [he or she] THE ACTOR knowingly
 advances or profits from prostitution that [he or she] THE  ACTOR  knows
 or  reasonably  should  know  is  or  will  be committed in violation of
 section 230.03 of this article in a school zone during  the  hours  that
 school is in session.
   [2.  For  purposes  of  this section, "school zone" shall mean "school
 zone" as defined in subdivision two of section 230.03 of this article.]
   Promoting prostitution in a school zone is a class E felony.
   § 10. Sections 230.20 and 230.25 of the penal law are REPEALED.
   § 11. Section 230.30 of the penal law, as amended by  chapter  368  of
 the laws of 2015, is amended to read as follows:
 § 230.30 Promoting prostitution in the second degree.
   A person is guilty of promoting prostitution in the second degree when
 [he or she] THE ACTOR knowingly:
   1.  Advances  prostitution  by  compelling a person by force or intim-
 idation to engage in prostitution, or profits from such coercive conduct
 by another; or
   2. Advances or profits from prostitution of a person less  than  eigh-
 teen years old.
   Promoting prostitution in the second degree is a class C felony.
   §  12. Section 230.32 of the penal law, as added by chapter 627 of the
 laws of 1978, the opening paragraph and subdivisions 1 and 2 as  amended
 by chapter 368 of the laws of 2015, is amended to read as follows:
 § 230.32 Promoting prostitution in the first degree.
   A  person is guilty of promoting prostitution in the first degree when
 [he or she] THE ACTOR:
   1. knowingly advances or profits from prostitution of  a  person  less
 than thirteen years old; or
   2. being twenty-one years old or more, [he or she] THE ACTOR knowingly
 advances  or  profits  from  prostitution  of a person less than fifteen
 years old.
   Promoting prostitution in the first degree is a class B felony.
   § 13. Section 230.33 of the penal law, as amended by  chapter  368  of
 the laws of 2015, is amended to read as follows:
 § 230.33 Compelling prostitution.
   A  person  is  guilty  of compelling prostitution when, being eighteen
 years old or more, [he or she] THE ACTOR knowingly advances prostitution
 by compelling a person less than eighteen years old, by force or  intim-
 idation, to engage in prostitution.
   Compelling prostitution is a class B felony.
   §  14.  The  opening  paragraph of section 230.34 of the penal law, as
 added by chapter 74 of the laws of 2007, is amended to read as follows:

 A. 849                              6
 
   A person is guilty of sex trafficking if [he or she] THE ACTOR  inten-
 tionally advances or profits from prostitution by:
   §  15.  Section  230.34-a of the penal law, as added by chapter 189 of
 the laws of 2018, is amended to read as follows:
 § 230.34-a Sex trafficking of a child.
   [1.] A person is guilty of sex trafficking of a child when [he or she]
 THE ACTOR, being twenty-one years old or more, intentionally advances or
 profits from prostitution of another person and such person is  a  child
 less  than  eighteen years old. Knowledge by the defendant of the age of
 such child is not an element of this offense and it is not a defense  to
 a  prosecution  therefor  that the defendant did not know the age of the
 child or believed such age to be eighteen or over.
   [2. For purposes of this section:
   (a) A person "advances prostitution" when,  acting  other  than  as  a
 person  in prostitution or as a patron thereof, and with intent to cause
 prostitution, he or she directly engages in conduct that facilitates  an
 act or enterprise of prostitution.
   (b)  A person "profits from prostitution" when, acting other than as a
 person in prostitution receiving compensation  for  personally  rendered
 prostitution services, and with intent to facilitate prostitution, he or
 she accepts or receives money or other property pursuant to an agreement
 or  understanding  with any person whereby he or she participates in the
 proceeds of prostitution activity.]
   Sex trafficking of a child is a class B felony.
   § 16. Section 230.35 of the penal law, as amended by  chapter  368  of
 the laws of 2015, is amended to read as follows:
 § 230.35 Promoting or compelling prostitution; accomplice.
   In  a  prosecution  for promoting prostitution or compelling prostitu-
 tion, a person [less than eighteen years old]  from  whose  prostitution
 activity  another  person  is  alleged  to have advanced or attempted to
 advance or profited or attempted to profit shall not be deemed to be  an
 accomplice.
   §  17.  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.
   A  person is guilty of permitting prostitution when, having possession
 or control of premises or vehicle which [he or she] THE ACTOR knows  are
 being  used  for  prostitution  purposes or for the purpose of advancing
 prostitution, [he or she] IN VIOLATION OF THIS ARTICLE, THE ACTOR  fails
 to make reasonable effort to halt or abate such use.
   Permitting prostitution is a class B misdemeanor.
   § 18. Section 240.37 of the penal law is REPEALED.
   §  19.  This act shall take effect on the thirtieth day after it shall
 have become a law.
 
                                  PART B
      ELIMINATING PRIOR CRIMINAL RECORDS AND OTHER RELATED PROVISIONS
 
   Section 1. Subdivision 3 of section 160.50 of the  criminal  procedure
 law is amended by adding a new paragraph (m) to read as follows:
   (M)  THE  ACCUSATORY  INSTRUMENT  ALLEGED  A  VIOLATION OF ARTICLE TWO
 HUNDRED THIRTY OR SECTION 240.37 OF THE PENAL LAW, AS IN EFFECT PRIOR TO
 THE EFFECTIVE DATE OF THIS PARAGRAPH,  AND  THE  ACCUSATORY  INSTRUMENT,
 INITIALLY  OR  AS  AMENDED,  DOES  NOT ALLEGE CONDUCT THAT IS AN OFFENSE
 UNDER LAW IN EFFECT ON AND AFTER THE EFFECTIVE DATE OF  THIS  PARAGRAPH.

 A. 849                              7
 
 NO  DEFENDANT  SHALL  BE  REQUIRED OR PERMITTED TO WAIVE ELIGIBILITY FOR
 SEALING PURSUANT TO THIS PARAGRAPH AS  PART  OF  A  PLEA  OF  GUILTY,  A
 SENTENCE  OR ANY AGREEMENT RELATED TO A CONVICTION OR OTHER DISPOSITION.
 ANY SUCH WAIVER SHALL BE DEEMED VOID AND WHOLLY UNENFORCEABLE.
   § 2. Section 160.50 of the criminal procedure law is amended by adding
 a new subdivision 6 to read as follows:
   6.  A PERSON IN WHOSE FAVOR A CRIMINAL ACTION OR PROCEEDING WAS TERMI-
 NATED, AS DEFINED IN PARAGRAPH (M) OF SUBDIVISION THREE OF THIS SECTION,
 MAY UPON MOTION APPLY TO THE COURT IN WHICH SUCH  TERMINATION  OCCURRED,
 UPON  NOT  LESS THAN TWENTY DAYS NOTICE TO THE DISTRICT ATTORNEY, FOR AN
 ORDER GRANTING TO SUCH PERSON THE RELIEF SET FORTH IN SUBDIVISION ONE OF
 THIS SECTION, AND SUCH ORDER SHALL BE GRANTED UNLESS THE DISTRICT ATTOR-
 NEY DEMONSTRATES TO THE SATISFACTION OF THE COURT THAT THE INTERESTS  OF
 JUSTICE REQUIRE OTHERWISE.
   §  3. Paragraph (k) of subdivision 1 of section 440.10 of the criminal
 procedure law, as added by chapter 132 of the laws of 2019,  is  amended
 and a new subdivision (l) is added to read as follows:
   (k)  The  judgment  occurred prior to the effective date of this para-
 graph and is a conviction for an offense as defined in subparagraph  (i)
 or  (ii) of paragraph (k) of subdivision three of section 160.50 of this
 part, in which case the court shall presume that a  conviction  by  plea
 for  the aforementioned offenses was not knowing, voluntary and intelli-
 gent if it has severe or ongoing consequences, including but not limited
 to potential or actual immigration consequences, and shall presume  that
 a  conviction  by  verdict  for  the aforementioned offenses constitutes
 cruel and unusual punishment under section five of article  one  of  the
 state  constitution,  based  on those consequences. The people may rebut
 these presumptions[.]; OR
   (L) THE JUDGMENT IS A  CONVICTION  FOR  A  VIOLATION  OF  ARTICLE  TWO
 HUNDRED THIRTY OR SECTION 240.37 OF THE PENAL LAW, AS IN EFFECT PRIOR TO
 THE  EFFECTIVE  DATE  OF  THIS  PARAGRAPH, PROVIDED THAT THE COURT SHALL
 DECLINE TO VACATE ANY PORTION OF THE JUDGMENT OF CONVICTION THAT IS  FOR
 CONDUCT  THAT  IS  AN  OFFENSE  UNDER  LAW  IN EFFECT AT THE TIME OF THE
 CONDUCT AND ON AND AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH.
   § 4. Section 440.10 of the criminal procedure law is amended by adding
 a new subdivision 6-a to read as follows:
   6-A. IF THE COURT GRANTS A MOTION UNDER PARAGRAPH (L)  OF  SUBDIVISION
 ONE OF THIS SECTION, IT MUST VACATE THE JUDGMENT AND DISMISS THE ACCUSA-
 TORY INSTRUMENT, TO THE EXTENT IT HAS VACATED THE JUDGMENT, AND MAY TAKE
 SUCH ADDITIONAL ACTION AS IS APPROPRIATE IN THE CIRCUMSTANCES.
   §  5.  Subdivision  5  of  section  1310 of the civil practice law and
 rules, as added by chapter 669 of the laws of 1984, is amended  to  read
 as follows:
   5.  "Post-conviction forfeiture crime" means any felony defined in the
 penal law or any other chapter of the consolidated laws  of  the  state.
 HOWEVER,  THIS  SHALL  NOT  INCLUDE ANY FELONY UNDER ARTICLE TWO HUNDRED
 THIRTY OF THE PENAL LAW IN EFFECT PRIOR TO THE EFFECTIVE DATE OF A CHAP-
 TER OF THE LAWS OF TWO THOUSAND TWENTY-ONE WHICH AMENDED  THIS  SUBDIVI-
 SION,  UNLESS  IT  WAS ALSO A FELONY UNDER THAT ARTICLE ON OR AFTER THAT
 DATE.
   § 6. Section 60.47 of the criminal procedure law is REPEALED.
   § 7. Paragraphs (c) and (d) of subdivision 1 of section 160.10 of  the
 criminal  procedure  law, paragraph (c) as amended by chapter 762 of the
 laws of 1971 and paragraph (d) as amended by chapter 232 of the laws  of
 2010, are amended to read as follows:

 A. 849                              8
 
   (c) A misdemeanor defined outside the penal law which would constitute
 a  felony  if  such  person  had a previous judgment of conviction for a
 crime[; or
   (d) Loitering for the purpose of engaging in a prostitution offense as
 defined in subdivision two of section 240.37 of the penal law].
   §  8. Subdivision 4 of section 170.30 of the criminal procedure law is
 REPEALED.
   § 9. Section 170.80 of the criminal procedure law is REPEALED.
   § 10.  Subdivision 2 of section 420.35 of the criminal procedure  law,
 as  amended  by  chapter  144 of the laws of 2020, is amended to read as
 follows:
   2. Except as provided in this subdivision or subdivision two-a of this
 section, under no  circumstances  shall  the  mandatory  surcharge,  sex
 offender  registration fee, DNA databank fee or the crime victim assist-
 ance fee be waived. A court shall waive  any  mandatory  surcharge,  DNA
 databank  fee and crime victim assistance fee when: (i) the defendant is
 convicted of [loitering for the  purpose  of  engaging  in  prostitution
 under  section  240.37 of the penal law (provided that the defendant was
 not convicted of loitering for the purpose of patronizing a  person  for
 prostitution);  (ii)  the  defendant  is convicted of prostitution under
 section 230.00 of the penal law; (iii) the defendant is convicted  of  a
 violation  in  the  event  such  conviction  is  in lieu of a plea to or
 conviction for loitering for the purpose  of  engaging  in  prostitution
 under  section  240.37 of the penal law (provided that the defendant was
 not alleged to be loitering for the purpose of patronizing a person  for
 prostitution)  or prostitution under section 230.00 of the penal law;] A
 VIOLATION OF ARTICLE TWO HUNDRED THIRTY OR SECTION 240.37 OF  THE  PENAL
 LAW,  AS  IN EFFECT PRIOR TO THE EFFECTIVE DATE OF A CHAPTER OF THE LAWS
 OF TWO THOUSAND TWENTY-ONE WHICH AMENDED THIS  SUBDIVISION,  UNLESS  THE
 VIOLATION  IS AN OFFENSE UNDER LAW IN EFFECT ON AND AFTER THAT EFFECTIVE
 DATE or [(iv)] the court finds that a defendant is a victim of sex traf-
 ficking under section 230.34 of the penal  law,  SEX  TRAFFICKING  OF  A
 CHILD  UNDER  SECTION  230.34-A OF THE PENAL LAW, or [a victim of] traf-
 ficking in persons under the trafficking victims protection act  (United
 States  Code,  Title  22,  Chapter 78)[; or (v) the court finds that the
 defendant is a victim of  sex  trafficking  of  a  child  under  section
 230.34-a of the penal law].
   § 11. Subdivision 4 of section 720.15 of the criminal procedure law is
 REPEALED.
   §  12.  Subdivision 1 of section 720.35 of the criminal procedure law,
 as amended by chapter 402 of the laws of 2014, is  amended  to  read  as
 follows:
   1.  A  youthful  offender adjudication is not a judgment of conviction
 for a crime or any other offense, and does not operate  as  a  disquali-
 fication  of  any  person  so  adjudged  to hold public office or public
 employment or to receive any license granted  by  public  authority  but
 shall be deemed a conviction only for the purposes of transfer of super-
 vision  and  custody pursuant to section two hundred fifty-nine-m of the
 executive law. [A defendant for whom a  youthful  offender  adjudication
 was substituted, who was originally charged with prostitution as defined
 in  section  230.00  of  the  penal law or loitering for the purposes of
 prostitution as defined in subdivision two  of  section  240.37  of  the
 penal law provided that the person does not stand charged with loitering
 for  the  purpose  of patronizing a prostitute, for an offense allegedly
 committed when he or she was sixteen or seventeen years of age, shall be
 deemed a "sexually exploited child" as defined  in  subdivision  one  of

 A. 849                              9

 section four hundred forty-seven-a of the social services law and there-
 fore shall not be considered an adult for purposes related to the charg-
 es  in  the  youthful  offender proceeding or a proceeding under section
 170.80 of this chapter.]
   §  13. Paragraphs (c) and (d) of subdivision 1 of section 447-a of the
 social services law, as amended by chapter 189 of the laws of 2018,  are
 amended to read as follows:
   (c)  is a victim of the crime of compelling prostitution as defined in
 section 230.33 of the penal law; OR
   (d) engages in acts  or  conduct  described  in  article  two  hundred
 sixty-three [or section 240.37] of the penal law.
   §  14.  The  third  undesignated paragraph of subdivision a of section
 3-118 of the administrative code of the city of New York, as amended  by
 chapter 189 of the laws of 2018, is amended to read as follows:
   Sexually  exploited  youth.  The term "sexually exploited youth" means
 persons under the age of 18 who have been subject to sexual exploitation
 because they (a) are the victim of  the  crime  of  sex  trafficking  as
 defined  in  section  230.34  of the penal law; (b) engage in any act as
 defined in section 230.00 of the penal law; (c)  are  a  victim  of  the
 crime  of  compelling  prostitution  as defined in section 230.33 of the
 penal law; (d) are a victim of the crime of sex trafficking of  a  child
 as  defined  in section 230.34-a of the penal law; or (e) engage in acts
 or conduct described in article 263 [or section  240.37]  of  the  penal
 law.  The term shall also mean persons under the age of 18 who have been
 subject to incest in the third degree, second degree or first degree, as
 defined in sections 255.25, 255.26, and 255.27 of the penal law, respec-
 tively,  or  any  of  the  sex offenses enumerated in article 130 of the
 penal law.
   § 15. The office of court  administration  shall  establish  and  make
 available  all  necessary  forms for proceedings under this act no later
 than sixty days following the effective date of this section.
   § 16. This act shall take effect on the thirtieth day after  it  shall
 have become a law.
 
                                  PART C
                         OTHER CONFORMING CHANGES
 
   Section 1. Subdivision 1 of section 12 of the multiple dwelling law is
 amended to read as follows:
   1.  It  shall  be unlawful to use any multiple dwelling or any part of
 the lot or premises thereof for the purpose of CRIMINAL CONDUCT  RELATED
 TO  prostitution  [or  assignation of any description] UNDER ARTICLE TWO
 HUNDRED THIRTY OF THE PENAL LAW. THIS SUBDIVISION SHALL  ONLY  APPLY  TO
 CONDUCT  INVOLVING  PROSTITUTION  ACTIVITY  IN  VIOLATION OF ARTICLE TWO
 HUNDRED THIRTY OF THE PENAL LAW ON OR AFTER  THE  EFFECTIVE  DATE  OF  A
 CHAPTER  OF THE LAWS OF TWO THOUSAND TWENTY-ONE THAT AMENDED THIS SUBDI-
 VISION.
   § 2. Sections 351 and 352 of the multiple dwelling law, section 352 as
 amended by chapter 310 of the laws of  1962,  are  amended  to  read  as
 follows:
   § 351. Lien.  A multiple dwelling shall be subject to a penalty of one
 thousand  dollars  if  it  or any part of it shall be used as a house of
 prostitution [or assignation] IN VIOLATION OF ARTICLE TWO HUNDRED THIRTY
 OF THE PENAL LAW with the permission of  the  owner,  and  such  penalty
 shall  be  a  lien  upon the dwelling and lot upon which it is situated.
 THIS SECTION SHALL ONLY APPLY TO CONDUCT INVOLVING PROSTITUTION ACTIVITY

 A. 849                             10

 IN VIOLATION OF ARTICLE TWO HUNDRED THIRTY OF THE PENAL LAW ON OR  AFTER
 THE  EFFECTIVE  DATE OF A CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-ONE
 THAT AMENDED THIS SECTION.
   §  352.  Recovery  of  premises.   If a multiple dwelling, or any part
 thereof, shall be used as a house of prostitution  [or  assignation]  IN
 VIOLATION  OF  ARTICLE  TWO  HUNDRED  THIRTY  OF  THE PENAL LAW with the
 permission of the lessee or [his] THE LESSEE'S agent, the lease shall be
 terminable at the election of the lessor, and the owner shall  be  enti-
 tled  to  recover  possession  of  said premises by summary proceedings.
 THIS SECTION SHALL ONLY APPLY TO CONDUCT INVOLVING PROSTITUTION ACTIVITY
 IN VIOLATION OF ARTICLE TWO HUNDRED THIRTY OF THE PENAL LAW ON OR  AFTER
 THE  EFFECTIVE  DATE OF A CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-ONE
 THAT AMENDED THIS SECTION.
   § 3. Section 2320 of the public health  law  is  amended  to  read  as
 follows:
   § 2320. Houses of prostitution; equipment; nuisance.  1. Whoever shall
 erect,  establish,  continue, maintain, use, own, or lease any building,
 erection, or place used for the purpose of [lewdness,  assignation,  or]
 prostitution  ACTIVITY IN VIOLATION OF ARTICLE TWO HUNDRED THIRTY OF THE
 PENAL LAW is guilty of maintaining a nuisance.
   2. The building, erection, or place, or the ground itself, in or  upon
 which any [lewdness, assignation, or] prostitution ACTIVITY IN VIOLATION
 OF  ARTICLE TWO HUNDRED THIRTY OF THE PENAL LAW is conducted, permitted,
 or carried on,  continued,  or  exists,  and  the  furniture,  fixtures,
 musical  instruments,  and  movable property used in conducting or main-
 taining such nuisance, are hereby declared to be a nuisance and shall be
 enjoined and abated as hereafter provided.
   3. THIS ARTICLE SHALL ONLY APPLY  TO  CONDUCT  INVOLVING  PROSTITUTION
 ACTIVITY  IN VIOLATION OF ARTICLE TWO HUNDRED THIRTY OF THE PENAL LAW ON
 OR AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION.
   § 4. Subdivision 5 of section 711 of the  real  property  actions  and
 proceedings law, as added by section 312 of the laws of 1962, is amended
 to read as follows:
   5.  The  premises,  or  any  part  thereof, are used or occupied [as a
 bawdy-house, or house or place of assignation for lewd persons, or]  for
 purposes  of  prostitution  ACTIVITY IN VIOLATION OF ARTICLE TWO HUNDRED
 THIRTY OF THE PENAL LAW, or for any illegal  trade  or  manufacture,  or
 other  illegal  business.  AS  USED  IN  THIS SUBDIVISION, "PROSTITUTION
 ACTIVITY" SHALL ONLY MEAN CONDUCT IN VIOLATION OF  ARTICLE  TWO  HUNDRED
 THIRTY  OF  THE PENAL LAW ON OR AFTER THE EFFECTIVE DATE OF A CHAPTER OF
 THE LAWS OF TWO THOUSAND TWENTY-ONE THAT AMENDED THIS SUBDIVISION.
   § 5. Subdivisions 1 and 2 of section 715 of the real property  actions
 and proceedings law, subdivision 1 as amended by chapter 555 of the laws
 of  1978,  subdivision  2 as amended by chapter 368 of the laws of 2015,
 are amended to read as follows:
   1. An owner or tenant, including a tenant of one or more rooms  of  an
 apartment  house,  tenement  house or multiple dwelling, of any premises
 within two hundred feet from other demised real property [used or  occu-
 pied in whole or in part as a bawdy-house, or house or place of assigna-
 tion  for  lewd  persons,  or]  for purposes of prostitution ACTIVITY IN
 VIOLATION OF ARTICLE TWO HUNDRED THIRTY OF THE PENAL  LAW,  or  for  any
 illegal  trade,  business  or  manufacture,  or any domestic corporation
 organized for the suppression of vice, subject to or  which  submits  to
 visitation  by  the  state department of social services and possesses a
 certificate from such department of such fact  and  of  conformity  with
 regulations of the department, or any duly authorized enforcement agency

 A. 849                             11

 of  the  state  or of a subdivision thereof, under a duty to enforce the
 provisions of the penal law or of any state  or  local  law,  ordinance,
 code,  rule  or  regulation  relating to buildings, may serve personally
 upon  the owner or landlord of the premises so used or occupied, or upon
 [his] THE LESSEE'S agent, a written notice requiring the owner or  land-
 lord  to  make  an application for the removal of the person so using or
 occupying the same. If the owner or landlord or [his] THE LESSEE'S agent
 does not make such application within five days thereafter;  or,  having
 made  it,  does  not  in good faith diligently prosecute it, the person,
 corporation or enforcement agency giving the notice may bring a proceed-
 ing under this article for such removal as though  the  petitioner  were
 the  owner  or  landlord of the premises, and shall have precedence over
 any similar proceeding thereafter brought by such owner or  landlord  or
 to one theretofore brought by [him] SUCH OWNER OR LANDLORD and not pros-
 ecuted  diligently  and  in  good faith. [Proof of the ill repute of the
 demised premises or of the inmates thereof or of those resorting thereto
 shall constitute presumptive evidence of the unlawful use of the demised
 premises required to be stated in the petition for  removal.]  Both  the
 person  in possession of the property and the owner or landlord shall be
 made respondents in the proceeding.  AS USED IN THIS SUBDIVISION, "PROS-
 TITUTION ACTIVITY" SHALL ONLY MEAN CONDUCT IN VIOLATION OF  ARTICLE  TWO
 HUNDRED  THIRTY  OF  THE  PENAL  LAW ON OR AFTER THE EFFECTIVE DATE OF A
 CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-ONE THAT AMENDED THIS  SUBDI-
 VISION.
   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,] 230.05, 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 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 consti-
 tuting use of the premises for purposes of prostitution.  HOWEVER,  THIS
 SUBDIVISION  SHALL  ONLY  APPLY  TO AN OFFENSE UNDER ARTICLE TWO HUNDRED
 THIRTY OF THE PENAL LAW IN EFFECT ON OR AFTER THE EFFECTIVE  DATE  OF  A
 CHAPTER  OF  LAWS  OF TWO THOUSAND TWENTY-ONE THAT AMENDED THIS SUBDIVI-
 SION.
   § 6. 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,] 230.05, 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.  HOWEVER, THIS
 SUBDIVISION  SHALL  ONLY  APPLY  TO AN OFFENSE UNDER ARTICLE TWO HUNDRED
 THIRTY OF THE PENAL LAW IN EFFECT ON OR AFTER THE EFFECTIVE  DATE  OF  A
 CHAPTER  OF THE LAWS OF TWO THOUSAND TWENTY-ONE THAT AMENDED THIS SUBDI-
 VISION.
   § 7. Paragraph 3 of subdivision b of section 233 of the real  property
 law,  as added by chapter 566 of the laws of 1996, is amended to read as
 follows:
   3. The premises, or any part thereof,  are  used  or  occupied  [as  a
 bawdy-house,  or house or place of assignation for lewd purposes or] for
 purposes of prostitution ACTIVITY IN VIOLATION OF  ARTICLE  TWO  HUNDRED

 A. 849                             12
 
 THIRTY  OF  THE PENAL LAW, or for any illegal trade or business. AS USED
 IN THIS PARAGRAPH, "PROSTITUTION ACTIVITY" SHALL ONLY  MEAN  CONDUCT  IN
 VIOLATION OF ARTICLE TWO HUNDRED THIRTY OF THE PENAL LAW ON OR AFTER THE
 EFFECTIVE  DATE OF A CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-ONE THAT
 AMENDED THIS PARAGRAPH.
   § 8. Paragraphs (b) and (c) of subdivision 4 of section 509-cc of  the
 vehicle  and traffic law, paragraph (b) as amended by chapter 400 of the
 laws of 2011, paragraph (c) as amended by chapter 368  of  the  laws  of
 2015, are 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,] 260.00, 265.04 of  the
 penal  law  or  an attempt to commit any of the aforesaid 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.
   (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,] 230.05, 230.06,  230.11,  230.12,  230.13,  230.19,  [230.20,]
 235.05,  235.06, 235.07, 235.21, 240.06, 245.00, 260.10, subdivision 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.
   §  9. Subdivisions 1 and 2 of section 510-d of the vehicle and traffic
 law, as amended by chapter 189 of the laws of 2018, are amended to  read
 as follows:
   1.  A  class E driver's license shall be suspended by the commissioner
 for a period of one year where the holder is convicted of a violation of
 section [230.20, 230.25,] 230.30, 230.32, 230.34, 230.34-a or 230.40  of
 the  penal  law  and  the holder used a for hire motor vehicle to commit
 such crime.
   2. A class E driver's license may be revoked by the commissioner  when
 the holder, who had his or her driver's license suspended under subdivi-
 sion  one  of  this section within the last ten years, is convicted of a
 second violation of section [230.20, 230.25,]  230.30,  230.32,  230.34,
 230.34-a or 230.40 of the penal law and the holder used a for hire motor
 vehicle to commit such crime.
   §  10.  Subdivision (a) of section 7-703 of the administrative code of
 the city of New York is amended to read as follows:

 A. 849                             13
 
   (a) Any building, erection or  place,  including  one-  or  two-family
 dwellings,  used  for the purpose of prostitution [as defined in section
 230.00] ACTIVITY IN VIOLATION OF ARTICLE TWO HUNDRED THIRTY of the penal
 law. Two or more criminal convictions of persons for [acts of] prostitu-
 tion  ACTIVITY  IN  VIOLATION OF ARTICLE TWO HUNDRED THIRTY OF THE PENAL
 LAW in the building, erection or place,  including  one-  or  two-family
 dwellings,  within  the one-year period preceding the commencement of an
 action under this chapter, shall be presumptive evidence that the build-
 ing, erection or place, including one- or  two-family  dwellings,  is  a
 public  nuisance.  In any action under this subdivision, evidence of the
 common fame and general reputation of the building, erection  or  place,
 including  one-  or  two-family  dwellings,  of the inmates or occupants
 thereof, or of those resorting thereto, shall be competent  evidence  to
 prove  the  existence of the public nuisance. If evidence of the general
 reputation of the building, erection or place, including one- or two-fa-
 mily dwellings, or of the inmates or occupants thereof, is sufficient to
 establish the existence of the public nuisance, it shall be prima  facie
 evidence of knowledge thereof and acquiescence and participation therein
 and responsibility for the nuisance, on the part of the owners, lessors,
 lessees  and all those in possession of or having charge of, as agent or
 otherwise, or having any interest in any form in the property,  real  or
 personal, used in conducting or maintaining the public nuisance. AS USED
 IN  THIS SUBDIVISION, "PROSTITUTION ACTIVITY" SHALL ONLY MEAN CONDUCT IN
 VIOLATION OF ARTICLE TWO HUNDRED THIRTY OF THE PENAL LAW ON OR AFTER THE
 EFFECTIVE DATE OF A CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-ONE  THAT
 AMENDED THIS SUBDIVISION;
   §  11.  Subdivision  f of section 20-247 of the administrative code of
 the city of New York is amended to read as follows:
   f. It shall be unlawful for any licensee to guide or direct any person
 to [a place of ill repute, house of ill fame or assignation, or  to  any
 house  or place of amusement kept for immoral purposes, or to] any place
 resorted to for the purpose of prostitution  ACTIVITY  IN  VIOLATION  OF
 ARTICLE  TWO  HUNDRED  THIRTY  OF THE PENAL LAW or gambling. It shall be
 unlawful for any such licensee to  impart  any  information  as  to  the
 location  or  address  of  any  such houses or places, or to solicit the
 patronage of any person or persons  for  any  hotel,  lodging  house  or
 boarding  house  or  place  of  temporary or permanent abode, or for any
 place where refreshments are served or amusement of any  type  provided.
 AS  USED  IN  THIS  SUBDIVISION, "PROSTITUTION ACTIVITY" SHALL ONLY MEAN
 CONDUCT IN VIOLATION OF ARTICLE TWO HUNDRED THIRTY OF THE PENAL  LAW  ON
 OR  AFTER  THE  EFFECTIVE  DATE OF A CHAPTER OF THE LAWS OF TWO THOUSAND
 TWENTY-ONE THAT AMENDED THIS SUBDIVISION.
   § 12. This act shall take effect on the thirtieth day after  it  shall
 have become a law.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be adjudged by a court of compo-
 nent  jurisdiction to be invalid, such judgment shall not affect, impair
 or invalidate the remainder thereof, but shall be confined in its opera-
 tion to the clause, sentence, paragraph, subdivision,  section  or  part
 thereof  directly  involved  in  the  controversy in which such judgment
 shall have been rendered. It is hereby declared to be the intent of  the
 legislature  that  this act would have been enacted even if such invalid
 provisions had not been included herein.
   § 3. This act shall take effect immediately.