NY State Senate Bill 2021-S3075

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to codes
Jan 27, 2021	referred to codes

co-Sponsors

View additional co-sponsors

2021-S3075 (ACTIVE) - Details

See Assembly Version of this Bill:: A849
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Rpld §§230.02, 230.15, 230.20, 230.25 & 240.37, Pen L; rpld §§60.47 & 170.80, §170.30 sub 4, §720.15 sub 4, CP L; amd Various Laws, generally
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6419, A8230
2023-2024: S4396, A7175, A8605

2021-S3075 (ACTIVE) - Summary

Decriminalizes certain prostitution offenses; amends provisions relating to prosecution of such offenses and vacating judgments.

2021-S3075 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3075

SPONSOR: SALAZAR
 
TITLE OF BILL:

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)

 
PURPOSE OR GENERAL IDEA OF BILL:;

To repeal statutes that criminalize sex work between consenting adults,
but keep laws relating to minors or trafficking, and to provide for

criminal record relief for people convicted of crimes repealed under
this bill.

 
SUMMARY OF PROVISIONS:

Part A repeals and amends parts of Penal Law Article 230 that make sex
work between consenting adults illegal, and it repeals section 240.37,
the prohibition on loitering for the purpose of engaging in a prostitu-
tion offense. The amendments make clear that sex work involving minors,
force, intimidation, coercion, and trafficking all remain illegal.

Part B repeals and amends parts of the Criminal Procedure Law, Civil
Practice Law and Rules, Social Services Law, and Administrative Code of
the City of New York to provide for criminal record relief for individ-
uals previously convicted of crimes that are repealed under this bill.

Part C repeals and amends parts of the Multiple Dwelling Law, Public
Health Law, Real Property Actions and Proceedings Law, Real Property
Law, Vehicle and Traffic Law, and the Administrative Code of the City of
New York to make conforming changes and clarifications.

 
JUSTIFICATION:

New York state law contains over a dozen criminal and civil provisions
that punish adults who consent to sell or buy sex, as well as those who
help and depend on them, not to mention the numerous prohibitions and
punishments for prostitution in a wide variety of laws. Trying to stop
sex work between consenting adults should not be the business of our
criminal justice system. Criminalizing sex work criminalizes a means of
survival for marginalized people, and it makes LGBTQ people especially
vulnerable to police harassment and arrest based on their gender
expression and sexuality.

Research on the full decriminalization of sex work in New Zealand and
New South Wales, Australia report that:


   -90 percent of sex workers believe decriminalization gave them more
employment, legal, and health rights.
   -60 percent of sex workers stated they were better able to screen and
refuse potentially dangerous clients.
   -73 percent of sex workers entered the industry to pay for household
expenses, while another 82 percent stayed in the industry for the same
reason.
   -Sex workers also have greater access to and use of condoms.

Criminalization drives sex work into the shadows in an underground ille-
gal environment where sex workers face increased violence, abuse, and
exploitation, and are more vulnerable to trafficking. Though anti-sex
work laws may have originally been conceived as a protection of socie-
ty's morals and perhaps even women, these laws now criminalize women and
LGBTQ people for acts of survival and resistance to the force of econom-
ic insecurity. Decriminalizing sex work upholds the rights of those who
trade sex, reduces violence and trafficking, and increases labor
protections.

France's 2016 implementation of "End Demand" (also referred to as the
Nordic model) re-defined the criminalization of sex work so as to end
the arrests and prosecutions of sex workers, but also maintained all
penalties for patronizing or "promoting" sex work. As a result, research
shows that:

   -63 percent of sex workers reported worse living condition
   -42 percent reported increased workplace violence
   -38 percent reported increased difficulty negotiating condom use
   with clients

Decriminalization of sex work is supported by the World Health Organiza-
tion, Amnesty International, Human Rights Watch, the Global Alliance
Against Trafficking in Women, Lambda Legal, the ACLU, GMHC, the NYC
Anti-Violence Project, Make the Road NY, the Association of Legal Aid
Attorneys, the Urban justice Center, Womankind, VOCAL-NY, Center for
Constitutional Rights, Center for HIV Law and Policy, UNAIDS, Housing
Works, and a growing list of other organizations.

This bill does not alter the criminal and civil legal provisions under
which individuals who engage in trafficking, coercion, sexual abuse,
abuse of minors, or rape may be prosecuted. In fact, when the law
differentiates between sex work between consenting adults and situations
where a party does not consent or that involve minors, sex workers will
have an increased ability to report abuse, rape, theft, and other crimes
perpetrated against them that today go ignored and are exacerbated by
law enforcement activity.

The bill allows individuals who have been previously convicted of
offenses repealed in this bill to vacate those judgments of conviction.

This will enable them to access housing, health, and economic resources
that are currently off-limits to them because of their criminal records.
Record relief will also allow people to transition into other employment
if they choose, without the stigma and harassment that often follows
from having a criminal record with prostitution convictions.

The decriminalization of sex work in New Zealand shows us that criminal-
izing sex work between consenting adults does not end the demand for sex
work, and it certainly does not improve the lives of people who partic-
ipate in the sex trades by choice, circumstance, or coercion, or people
who are profiled as sex workers. Instead of treating all people in the
sex trades as criminals, victims, or both, it is time to create a more
nuanced legal approach to the sex trades.  Sex workers want decriminali-
zation so they can work in a legal environment, work without fear of the
police, report any violence they experience, and report trafficking when
it affects their peers.  It is time to put people before antiquated
moral judgments.

 
SOCIAL JUSTICE IMPACT:  This legislation would create respect for the
human rights of sex workers who are doing what they can to make an
income to support themselves and their families. This legislation would
humanize sex workers who deserve to work in a safe, secure, and clean
environment without fear of judgement or arrest.

 
GENDER JUSTICE IMPACT:  The existing laws creates crimes that primari-
ly victimize poor women, women of color, and immigrant women and create
conditions where women are in an underground industry that is dangerous.
This legislation would correct this inequity.

 
PRIOR LEGISLATIVE HISTORY:

2019-20 session: S 6419 / A 8230 introduced and referred to Codes
committees in each house.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

No negative fiscal implications. This bill, by eliminating arrests,
prosecutions, and incarceration of sex workers or alleged sex workers
would result in significant fiscal savings for local and state govern-
ment.

 
EFFECTIVE DATE:
This act shall take effect thirty days after it becomes law.

2021-S3075 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3075
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2021
                                ___________
 
 Introduced  by  Sens.  SALAZAR, BRISPORT, JACKSON, MYRIE, RAMOS, RIVERA,
   SEPULVEDA -- read twice and ordered printed, and when  printed  to  be
   committed 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.
 
                                  PART A
                             DECRIMINALIZATION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00419-02-1

 S. 3075                             2
 
   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
 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

 S. 3075                             3
 
 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-
 tution in a school zone, it is a defense that the defendant did not have

 S. 3075                             4
 
 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
 person  for prostitution and the person patronized is less than thirteen

 S. 3075                             5
 
 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  person is guilty of sex trafficking if [he or she] THE ACTOR inten-
 tionally advances or profits from prostitution by:

 S. 3075                             6
 
   § 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.
 NO DEFENDANT SHALL BE REQUIRED OR PERMITTED  TO  WAIVE  ELIGIBILITY  FOR
 SEALING  PURSUANT  TO  THIS  PARAGRAPH  AS  PART  OF A PLEA OF GUILTY, A

 S. 3075                             7
 
 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:
   (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

 S. 3075                             8

   (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
 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-

 S. 3075                             9

 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
 IN VIOLATION OF ARTICLE TWO HUNDRED THIRTY OF THE PENAL LAW ON OR  AFTER

 S. 3075                            10
 
 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
 of  the  state  or of a subdivision thereof, under a duty to enforce the

 S. 3075                            11
 
 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
 THIRTY OF THE PENAL LAW, or for any illegal trade or business.  AS  USED

 S. 3075                            12
 
 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)  Any  building,  erection  or  place, including one- or two-family
 dwellings, used for the purpose of prostitution [as defined  in  section

 S. 3075                            13

 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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S3075

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

2021-S3075 (ACTIVE) - Details

2021-S3075 (ACTIVE) - Summary

2021-S3075 (ACTIVE) - Sponsor Memo

2021-S3075 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3075

Share this bill

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

2021-S3075 (ACTIVE) - Details

2021-S3075 (ACTIVE) - Summary

2021-S3075 (ACTIVE) - Sponsor Memo

2021-S3075 (ACTIVE) - Bill Text download pdf

Comments