S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3251
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2025
                                ___________
 
 Introduced by M. of A. FORREST, BURDICK, GONZALEZ-ROJAS, EPSTEIN, MAMDA-
   NI,  SHRESTHA,  BORES,  REYES, MITAYNES, R. CARROLL, KELLES, SIMONE --
   read once and referred to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to decriminalizing sex  work;
   and  to repeal certain provisions of such law relating to prostitution
   (Part A); to amend the criminal procedure law and the  civil  practice
   law  and  rules, 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 shall be known and may be cited as "Cecilia's  act
 for rights in the sex trades".
   § 2. This act enacts into law major components of legislation relating
 to  the  decriminalization of certain prostitution offenses. Each compo-
 nent 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  effec-
 tive 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  four  of this act sets  forth the general effective
 date of this act.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03112-03-5
 A. 3251                             2
 
              

                                  PART A
                             DECRIMINALIZATION
 
   Section  1. Section 230.00 of the penal law, as amended by chapter 169
 of the laws of 1969, is amended to read as follows:
 § 230.00 Prostitution; DEFINITIONS.
   [A person is guilty of prostitution when such person engages or agrees
 or offers to engage in sexual conduct with another person in return  for
 a fee.
   Prostitution is a class B Misdemeanor]
   AS  USED IN THIS CHAPTER, THE FOLLOWING TERMS HAVE THE FOLLOWING MEAN-
 INGS:
   1. "PROSTITUTION" MEANS ENGAGING  OR  AGREEING  TO  ENGAGE  IN  SEXUAL
 CONDUCT WITH ANOTHER PERSON IN RETURN FOR A FEE.
   2.  A PERSON "PATRONIZES A PERSON FOR PROSTITUTION" WHEN: (A) PURSUANT
 TO A PRIOR UNDERSTANDING, THE ACTOR PAYS A  FEE  TO  ANOTHER  PERSON  AS
 COMPENSATION  FOR  SUCH OTHER PERSON OR A THIRD PERSON HAVING ENGAGED IN
 SEXUAL CONDUCT WITH THE ACTOR; OR
   (B) THE PERSON PAYS OR AGREES TO PAY A FEE TO ANOTHER PERSON  PURSUANT
 TO AN UNDERSTANDING THAT IN RETURN THEREFOR SUCH OTHER PERSON OR A THIRD
 PERSON WILL ENGAGE IN SEXUAL CONDUCT WITH THE ACTOR; OR
   (C) THE PERSON SOLICITS OR REQUESTS ANOTHER PERSON TO ENGAGE IN SEXUAL
 CONDUCT WITH THE ACTOR IN RETURN FOR A FEE.
   3.  "PERSON  WHO  IS  PATRONIZED" MEANS THE PERSON WITH WHOM THE ACTOR
 ENGAGED IN SEXUAL CONDUCT OR WAS  TO  HAVE  ENGAGED  IN  SEXUAL  CONDUCT
 PURSUANT  TO  THE  UNDERSTANDING,  OR  THE  PERSON  WHO WAS SOLICITED OR
 REQUESTED BY THE ACTOR TO ENGAGE IN SEXUAL CONDUCT.
   4. "SCHOOL ZONE" MEANS (A) IN OR ON OR WITHIN ANY BUILDING, STRUCTURE,
 ATHLETIC PLAYING FIELD, PLAYGROUND OR LAND  CONTAINED  WITHIN  THE  REAL
 PROPERTY  BOUNDARY  LINE  OF  A PUBLIC OR PRIVATE ELEMENTARY, PAROCHIAL,
 INTERMEDIATE, JUNIOR HIGH, VOCATIONAL, OR HIGH SCHOOL, OR (B) ANY PUBLIC
 SIDEWALK, STREET, PARKING LOT, PARK, PLAYGROUND OR PRIVATE LAND, LOCATED
 IMMEDIATELY ADJACENT TO THE BOUNDARY LINE OF SUCH SCHOOL.
   5. (A) "ADVANCE PROSTITUTION" A PERSON "ADVANCES  PROSTITUTION"  WHEN,
 ACTING  OTHER  THAN  AS A PERSON IN PROSTITUTION OR AS A PATRON THEREOF,
 AND WITH INTENT TO CAUSE PROSTITUTION, THE  ACTOR  DIRECTLY  ENGAGES  IN
 CONDUCT THAT FACILITATES AN ACT OR ENTERPRISE OF PROSTITUTION.
   (B)  CONDUCT  BY  A  PERSON  UNDER  TWENTY-ONE  YEARS OF AGE SHALL NOT
 CONSTITUTE ADVANCING PROSTITUTION  UNLESS  THE  PERSON  PARTICIPATED  IN
 COMPULSION BY FORCE OR INTIMIDATION OR IN SEX TRAFFICKING, OR THE PERSON
 WHOSE PROSTITUTION WAS ADVANCED IS UNDER SEVENTEEN YEARS OF AGE.
   6.  "PROFIT  FROM  PROSTITUTION"  A PERSON "PROFITS FROM PROSTITUTION"
 WHEN, ACTING OTHER THAN AS A PERSON IN  PROSTITUTION  RECEIVING  COMPEN-
 SATION  FOR PERSONALLY RENDERED PROSTITUTION SERVICES, THE ACTOR ACCEPTS
 OR RECEIVES MONEY OR OTHER PROPERTY PURSUANT TO AN AGREEMENT  OR  UNDER-
 STANDING WITH ANY PERSON WHEREBY THE ACTOR PARTICIPATES OR IS TO PARTIC-
 IPATE IN THE PROCEEDS OF PROSTITUTION ACTIVITY.
   §  2. Section 230.01 of the penal law, as amended by chapter 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
 A. 3251                             3
 
 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
 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
 A. 3251                             4
 
 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, the first undesignated paragraph of
 section 230.11, the first undesignated paragraph of section 230.12,  and
 the first undesignated paragraph of section 230.13 as amended by chapter
 777 of the laws of 2023, 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 vaginal sexual contact, oral sexual contact, anal
 sexual contact, or aggravated sexual contact 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 vaginal sexual contact,  oral  sexual  contact,  anal  sexual
 contact,  or  aggravated  sexual  contact  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 vaginal sexu-
 al contact, oral sexual contact,  anal  sexual  contact,  or  aggravated
 sexual  contact  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
 A. 3251                             5

 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:
   §  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.
 A. 3251                             6

   (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 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-FIVE
 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.
 A. 3251                             7
 
   §  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
 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] TWO THOUSAND TWENTY-FIVE 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-FIVE
 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-FIVE 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-FIVE 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.
 A. 3251                             8
 
   § 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
 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-FIVE  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
 A. 3251                             9

 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-FIVE 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
 THE EFFECTIVE DATE OF A CHAPTER OF THE LAWS OF TWO THOUSAND  TWENTY-FIVE
 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-FIVE
 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 chapter 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-FIVE THAT AMENDED THIS SUBDIVISION.
 A. 3251                            10
 
   § 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
 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-FIVE 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, 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-FIVE  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,
 A. 3251                            11

 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-FIVE THAT AMENDED THIS SUBDI-
 VISION.
   § 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-FIVE 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 23  of  the
 laws  of  2024,  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,  former  section  130.40,  sections  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.
 A. 3251                            12
 
   § 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] THEIR driver's license suspended  under
 subdivision  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] INCARCERATED
 INDIVIDUALS 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-family dwellings, or of the [inmates] INCARCERATED
 INDIVIDUALS  or occupants thereof, is sufficient to establish the exist-
 ence of the public nuisance, it shall be prima facie evidence  of  know-
 ledge  thereof  and acquiescence and participation therein and responsi-
 bility 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-FIVE 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
 A. 3251                            13
 
 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-FIVE THAT AMENDED THIS SUBDIVISION.
   §  12.  This act shall take effect on the thirtieth day after it shall
 have become a law.
   § 3. 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.
   §  4.  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.