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 23 of the
laws of 2021, is amended to read as follows:
§ 230.01 Prostitution; affirmative defense.
In any prosecution under [section 230.00, section 230.03,] section
230.19, [section 230.20, subdivision 2 of section 230.25,] subdivision 2
of section 230.30 or section 230.34-a of this article, it is an affirma-
tive defense that the defendant's participation in the offense was a
result of having been a victim of compelling prostitution under section
230.33 of this article, a victim of sex trafficking under section 230.34
of this article, a victim of sex trafficking of a child under section
230.34-a of this article or a victim of trafficking in persons under the
S. 4396 3
trafficking victims protection act (United States Code, Title 22, Chap-
ter 78).
§ 3. Section 230.02 of the penal law is REPEALED.
§ 4. Section 230.03 of the penal law is REPEALED.
§ 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
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:
S. 4396 4
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
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.
S. 4396 5
§ 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:
§ 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.]
S. 4396 6
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 is REPEALED.
§ 18. This act shall take effect immediately.
PART B
ELIMINATING PRIOR CRIMINAL RECORDS AND OTHER RELATED PROVISIONS
Section 1. Paragraph (k) of subdivision 3 of section 160.50 of the
criminal procedure law, as amended by chapter 92 of the laws of 2021, is
amended to read as follows:
(k) (i) The conviction was for a violation of article two hundred
twenty or section 240.36 of the penal law prior to the effective date of
FORMER article two hundred twenty-one of the penal law, and the sole
controlled substance involved was marihuana and the conviction was only
for a misdemeanor and/or violation; or
(ii) the conviction is for an offense defined in section 221.05 or
221.10 of the penal law prior to the effective date of chapter one
hundred thirty-two of the laws of two thousand nineteen; or
(iii) the conviction is for an offense defined in former section
221.05, 221.10, 221.15, 221.20, 221.35, or 221.40 of the penal law; or
(iv) the conviction was for an offense defined in section 240.37 of
the penal law; or
(v) the conviction was for a violation of section 220.03 or 220.06 of
the penal law prior to the effective date of the chapter of the laws of
two thousand twenty-one that amended this paragraph, and the sole
controlled substance involved was concentrated cannabis; or
(vi) the conviction was for an offense defined in section 222.10,
222.15, 222.25 or 222.45 of the penal law[.]; OR
(VII) THE CONVICTION WAS FOR A VIOLATION OF PENAL LAW SECTION 230.00,
230.03, 230.20, 230.25, OR 230.40 AS IN EFFECT PRIOR TO THE EFFECTIVE
DATE OF PART A OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-THREE
THAT AMENDED THIS SECTION; OR
(VIII) AN ORDER PURSUANT TO SUBDIVISION SIX OF THIS SECTION WAS
ENTERED.
No defendant shall be required or permitted to waive eligibility for
sealing or expungement pursuant to this section as part of a plea of
guilty, sentence or any agreement related to a conviction [for a
violation of section 222.10, 222.15, 222.25 or 222.45 of the penal law]
OR DISPOSITION and any such waiver shall be deemed void and wholly unen-
forceable.
§ 2. Paragraph (a) of subdivision 5 of section 160.50 of the criminal
procedure law, as amended by chapter 132 of the laws of 2019, is amended
to read as follows:
(a) Expungement of certain [marihuana-related] records. A conviction
for an offense described in paragraph (k) of subdivision three of this
section shall, on and after the effective date of this paragraph, in
accordance with the provisions of this paragraph, be vacated and
dismissed, and all records of such conviction or convictions and related
S. 4396 7
to such conviction or convictions shall be expunged, as described in
subdivision forty-five of section 1.20 of this chapter, and the matter
shall be considered terminated in favor of the accused and deemed a
nullity, having been rendered by this paragraph legally invalid. All
such records for an offense described in this paragraph where the
conviction was entered on or before the effective date of the chapter of
the laws of [2019] 2023 that amended this paragraph shall be expunged
promptly and, in any event, no later than one year after such effective
date.
§ 3. Section 160.50 of the criminal procedure law is amended by adding
a new subdivision 6 to read as follows:
6. A PERSON CONVICTED UNDER ARTICLE TWO HUNDRED THIRTY OF THE PENAL
LAW FOR WHAT NO LONGER CONSTITUTES AN OFFENSE ON OR AFTER THE EFFECTIVE
DATE OF PART A OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-THREE
THAT ADDED THIS SUBDIVISION MAY UPON MOTION APPLY TO THE COURT IN WHICH
SUCH CONVICTION OCCURRED, UPON NOT LESS THAN TWENTY DAYS NOTICE TO THE
DISTRICT ATTORNEY, FOR AN ORDER FINDING THAT THE CRIMINAL ACTION OR
PROCEEDING WAS TERMINATED IN FAVOR OF SUCH PERSON, AND SUCH ORDER SHALL
BE GRANTED UNLESS THE DISTRICT ATTORNEY DEMONSTRATES TO THE SATISFACTION
OF THE COURT THAT THE INTERESTS OF JUSTICE REQUIRE OTHERWISE.
§ 4. Paragraph (k) of subdivision 1 of section 440.10 of the criminal
procedure law, as amended by chapter 92 of the laws of 2021, is amended
to read as follows:
(k) The judgment occurred prior to the effective date of PART A OF the
CHAPTER OF THE laws of two thousand [twenty-one] TWENTY-THREE that
amended this paragraph and is a conviction for an offense as defined in
subparagraphs (i), (ii), (iii) [or], (iv), OR (VII) 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 intelligent 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.
§ 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-THREE 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. Subdivision 4 of section 170.30 of the criminal procedure law is
REPEALED.
§ 8. Section 170.80 of the criminal procedure law is REPEALED.
§ 9. Subdivision 2 of section 420.35 of the criminal procedure law, as
amended by chapter 23 of the laws of 2021, 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
S. 4396 8
databank fee and crime victim assistance fee when: (i) the defendant is
convicted of [prostitution under section 230.00 of the penal law; (ii)
the defendant is convicted of a violation in the event such conviction
is in lieu of a plea to or conviction for prostitution under section
230.00 of the penal law; (iii)] A VIOLATION OF ARTICLE TWO HUNDRED THIR-
TY OR SECTION 240.37 OF THE PENAL LAW, AS IN EFFECT PRIOR TO THE EFFEC-
TIVE DATE OF A CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-THREE WHICH
AMENDED THIS SUBDIVISION, UNLESS THE VIOLATION IS AN OFFENSE UNDER LAW
IN EFFECT ON AND AFTER THAT EFFECTIVE DATE; OR (II) the court finds that
a defendant is a victim of sex trafficking 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] trafficking in persons under the trafficking
victims protection act (United States Code, Title 22, Chapter 78)[; or
(iv) the court finds that the defendant is a victim of sex trafficking
of a child under section 230.34-a of the penal law].
§ 10. Subdivision 4 of section 720.15 of the criminal procedure law is
REPEALED.
§ 11. Subdivision 1 of section 720.35 of the criminal procedure law,
as amended by chapter 23 of the laws of 2021, 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, 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 therefore shall not be
considered an adult for purposes related to the charges in the youthful
offender proceeding or a proceeding under section 170.80 of this chap-
ter.]
§ 12. 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.
§ 13. 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-THREE THAT AMENDED THIS
SUBDIVISION.
§ 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:
S. 4396 9
§ 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
THE EFFECTIVE DATE OF A CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-THREE
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-THREE
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-THREE 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
S. 4396 10
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
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-THREE THAT AMENDED THIS
SUBDIVISION.
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, OR 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
constituting use of the premises for purposes of prostitution ACTIVITY.
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-THREE THAT AMENDED
THIS SUBDIVISION.
§ 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, OR 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-THREE THAT AMENDED THIS
SUBDIVISION.
S. 4396 11
§ 7. Paragraph 3 of subdivision b of section 233 of the real property
law, as amended 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
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-THREE
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 92 of the laws of
2021, 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, subdivision two of
section 222.50, subdivision two of section 222.55, [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 afor-
esaid 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, OR 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-
S. 4396 12
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, OR
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
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-THREE
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-THREE 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
S. 4396 13
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; provided, however, that
the applicable effective date of Parts A through C of this act shall be
as specifically set forth in the last section of such Parts.
Let consenting adults do what they want . To much big government nowadays