Bill Text: NY S00154 | 2009-2010 | General Assembly | Introduced

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Bill Title: Establishes the crime of loitering for the purpose of engaging in a prostitution offense on or near school grounds and specifies penalties therefor.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO CODES [S00154 Detail]

Download: New_York-2009-S00154-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          154
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       Introduced  by  Sen.  KRUGER -- 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 increasing  the  penalties
         for loitering for the purpose of engaging in a prostitution offense on
         or near school grounds
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 240.37 of the penal law is amended by adding a  new
    2  subdivision 4 to read as follows:
    3    4.  ANY  PERSON  WHO  REMAINS OR WANDERS ON OR NEAR SCHOOL GROUNDS AND
    4  REPEATEDLY ATTEMPTS TO STOP, OR REPEATEDLY ATTEMPTS TO ENGAGE  PASSERSBY
    5  IN CONVERSATION, OR REPEATEDLY STOPS OR ATTEMPTS TO STOP MOTOR VEHICLES,
    6  OR REPEATEDLY INTERFERES WITH THE FREE PASSAGE OF OTHER PERSONS, FOR THE
    7  PURPOSE  OF PROSTITUTION OR PATRONIZING A PROSTITUTE AS DEFINED IN ARTI-
    8  CLE TWO HUNDRED THIRTY OF THIS PART IS GUILTY OF A CLASS A  MISDEMEANOR.
    9  ANY  PERSON WHO REMAINS OR WANDERS ON OR NEAR SCHOOL GROUNDS AND REPEAT-
   10  EDLY ATTEMPTS TO STOP, OR REPEATEDLY ATTEMPTS  TO  ENGAGE  PASSERSBY  IN
   11  CONVERSATION, OR REPEATEDLY STOPS OR ATTEMPTS TO STOP MOTOR VEHICLES, OR
   12  REPEATEDLY  INTERFERES  WITH  THE FREE PASSAGE OF OTHER PERSONS, FOR THE
   13  PURPOSE OF PROMOTING PROSTITUTION AS  DEFINED  IN  ARTICLE  TWO  HUNDRED
   14  THIRTY  OF THIS PART IS GUILTY OF A CLASS A MISDEMEANOR AND IS GUILTY OF
   15  A CLASS E FELONY IF SUCH PERSON  HAS  PREVIOUSLY  BEEN  CONVICTED  OF  A
   16  VIOLATION OF THIS SUBDIVISION. FOR THE PURPOSES OF THIS SECTION, "SCHOOL
   17  GROUNDS" MEANS, (A) IN OR ON OR WITHIN ANY BUILDING, STRUCTURE, ATHLETIC
   18  PLAYING  FIELD,  PLAYGROUND  OR  LAND CONTAINED WITHIN THE REAL PROPERTY
   19  BOUNDARY LINE OF A PUBLIC, PAROCHIAL OR PRIVATE LICENSED DAY-CARE, NURS-
   20  ERY, ELEMENTARY, JUNIOR HIGH, VOCATIONAL OR HIGH SCHOOL, OR (B) ANY AREA
   21  ACCESSIBLE TO THE PUBLIC LOCATED WITHIN ONE THOUSAND FEET  OF  THE  REAL
   22  PROPERTY  BOUNDARY LINE COMPRISING ANY SUCH SCHOOL OR ANY PARKED AUTOMO-
   23  BILE OR OTHER PARKED VEHICLE LOCATED WITHIN ONE  THOUSAND  FEET  OF  THE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02700-01-9
       S. 154                              2
    1  REAL PROPERTY BOUNDARY LINE COMPRISING ANY SUCH SCHOOL. FOR THE PURPOSES
    2  OF THIS SECTION AN "AREA ACCESSIBLE TO THE PUBLIC" SHALL MEAN SIDEWALKS,
    3  STREETS, PARKING LOTS, PLAYGROUNDS, STORES AND RESTAURANTS.
    4    S  2.    This  act  shall  take  effect  on the first of November next
    5  succeeding the date on which it shall have become a law.