Bill Text: NY S01266 | 2015-2016 | General Assembly | Introduced

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Bill Title: Designates promoting prostitution in the first degree, compelling prostitution and sex trafficking as class B violent felonies; defines the class B felony of promoting prostitution in the first degree to be the advancing or profiting from the prostitution of a person under 16 years of age.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2016-01-13 - PRINT NUMBER 1266A [S01266 Detail]

Download: New_York-2015-S01266-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1266
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    January 9, 2015
                                      ___________
       Introduced  by  Sen. PERALTA -- 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  designating  promoting
         prostitution  in  the  first  degree,  compelling prostitution and sex
         trafficking as class B violent felony offenses and the prostitution of
         minors
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Paragraph  (a)  of  subdivision 1 of section 70.02 of the
    2  penal law, as amended by chapter 320 of the laws of 2006, is amended  to
    3  read as follows:
    4    (a)  Class  B  violent felony offenses: an attempt to commit the class
    5  A-I felonies of murder in  the  second  degree  as  defined  in  section
    6  125.25, kidnapping in the first degree as defined in section 135.25, and
    7  arson  in the first degree as defined in section 150.20; manslaughter in
    8  the first degree as defined in section 125.20,  aggravated  manslaughter
    9  in  the  first  degree  as  defined in section 125.22, rape in the first
   10  degree as defined in section 130.35, criminal sexual act  in  the  first
   11  degree  as  defined  in  section  130.50, aggravated sexual abuse in the
   12  first degree as defined in section  130.70,  course  of  sexual  conduct
   13  against  a  child  in  the  first  degree  as defined in section 130.75;
   14  assault in the first degree as defined in section 120.10, kidnapping  in
   15  the  second  degree  as defined in section 135.20, burglary in the first
   16  degree as defined in section 140.30,  arson  in  the  second  degree  as
   17  defined  in  section  150.15,  robbery in the first degree as defined in
   18  section 160.15, PROMOTING PROSTITUTION IN THE FIRST DEGREE AS DEFINED IN
   19  SECTION 230.32, COMPELLING PROSTITUTION AS DEFINED  IN  SECTION  230.33,
   20  SEX TRAFFICKING AS DEFINED IN SECTION 230.34, incest in the first degree
   21  as  defined  in  section  255.27, criminal possession of a weapon in the
   22  first degree as defined in section 265.04, criminal use of a firearm  in
   23  the  first  degree  as  defined  in  section  265.09, criminal sale of a
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00331-01-5
       S. 1266                             2
    1  firearm in the first degree as defined  in  section  265.13,  aggravated
    2  assault  upon  a police officer or a peace officer as defined in section
    3  120.11, gang assault in the first degree as defined in  section  120.07,
    4  intimidating  a  victim  or  witness  in  the first degree as defined in
    5  section 215.17, hindering prosecution of terrorism in the  first  degree
    6  as  defined  in section 490.35, criminal possession of a chemical weapon
    7  or biological weapon in the second degree as defined in section  490.40,
    8  and  criminal use of a chemical weapon or biological weapon in the third
    9  degree as defined in section 490.47.
   10    S 2. Section 230.30 of the penal law, as amended by chapter 627 of the
   11  laws of 1978, is amended to read as follows:
   12  S 230.30 Promoting prostitution in the second degree.
   13    A person is guilty of promoting prostitution in the second degree when
   14  he OR SHE knowingly[:
   15    1. Advances] ADVANCES prostitution by compelling a person by force  or
   16  intimidation  to  engage  in prostitution, or profits from such coercive
   17  conduct by another[; or
   18    2. Advances or profits from prostitution of a person less than sixteen
   19  years old].
   20    Promoting prostitution in the second degree is a class C felony.
   21    S 3. Section 230.32 of the penal law, as added by chapter 627  of  the
   22  laws of 1978, is amended to read as follows:
   23  S 230.32 Promoting prostitution in the first degree.
   24    A  person is guilty of promoting prostitution in the first degree when
   25  he OR SHE knowingly advances or profits from prostitution  of  a  person
   26  less than [eleven] SIXTEEN years old.
   27    Promoting prostitution in the first degree is a class B felony.
   28    S 4. This act shall take effect on the first of November next succeed-
   29  ing  the  date  on  which  it shall have become a law and shall apply to
   30  offenses committed on or after such date.