Bill Text: NY S01605 | 2017-2018 | General Assembly | Introduced

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Bill Title: Makes promoting prostitution in the first degree and certain provisions of promoting prostitution in the second and third degrees violent felony offenses; increases the severity of the penalties for patronizing a prostitute and permitting prostitution; redesignates permitting prostitution as permitting prostitution in the second degree and establishes the class E felony of permitting prostitution when a child under 17 is being prostituted on the premises; designates permitting prostitution in the first degree as a sex offense for purposes of registration under the sex offender registration act.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO CODES [S01605 Detail]

Download: New_York-2017-S01605-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
            S. 1605                                                   A. 940
                               2017-2018 Regular Sessions
                SENATE - ASSEMBLY
                                    January 10, 2017
                                       ___________
        IN SENATE -- Introduced by Sens. GOLDEN, YOUNG -- read twice and ordered
          printed, and when printed to be committed to the Committee on Codes
        IN  ASSEMBLY  --  Introduced  by  M.  of A. MALLIOTAKIS -- read once and
          referred to the Committee on Codes
        AN ACT to amend the penal law, in relation  to  promoting  prostitution,
          patronizing a prostitute and permitting prostitution; and to amend the
          correction  law, in relation to designating permitting prostitution in
          the first degree as a sex offense for the purposes of the sex offender
          registration act
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Paragraphs  (a),  (b),  (c)  and  (d) of subdivision 1 of
     2  section 70.02 of the penal law, paragraphs (a) and  (c)  as  amended  by
     3  chapter  368  of the laws of 2015, paragraph (b) as amended by chapter 1
     4  of the laws of 2013, and paragraph (d) as amended by chapter  7  of  the
     5  laws of 2007, are amended to read as follows:
     6    (a)  Class  B  violent felony offenses: an attempt to commit the class
     7  A-I felonies of murder in  the  second  degree  as  defined  in  section
     8  125.25, kidnapping in the first degree as defined in section 135.25, and
     9  arson  in the first degree as defined in section 150.20; manslaughter in
    10  the first degree as defined in section 125.20,  aggravated  manslaughter
    11  in  the  first  degree  as  defined in section 125.22, rape in the first
    12  degree as defined in section 130.35, criminal sexual act  in  the  first
    13  degree  as  defined  in  section  130.50, aggravated sexual abuse in the
    14  first degree as defined in section  130.70,  course  of  sexual  conduct
    15  against  a  child  in  the first degree as defined in section 130.75[;],
    16  promoting prostitution in the first degree as defined in section 230.32,
    17  assault in the first degree as defined in section 120.10, kidnapping  in
    18  the  second  degree  as defined in section 135.20, burglary in the first
    19  degree as defined in section 140.30,  arson  in  the  second  degree  as
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04239-01-7
        S. 1605                             2                             A. 940
     1  defined  in  section  150.15,  robbery in the first degree as defined in
     2  section 160.15, sex trafficking as defined in paragraphs (a) and (b)  of
     3  subdivision  five  of  section  230.34,  incest  in  the first degree as
     4  defined  in section 255.27, criminal possession of a weapon in the first
     5  degree as defined in section 265.04, criminal use of a  firearm  in  the
     6  first degree as defined in section 265.09, criminal sale of a firearm in
     7  the first degree as defined in section 265.13, aggravated assault upon a
     8  police  officer  or  a  peace officer as defined in section 120.11, gang
     9  assault in the first degree as defined in section 120.07, intimidating a
    10  victim or witness in the first degree  as  defined  in  section  215.17,
    11  hindering  prosecution  of  terrorism  in the first degree as defined in
    12  section 490.35, criminal possession of a chemical weapon  or  biological
    13  weapon  in  the second degree as defined in section 490.40, and criminal
    14  use of a chemical weapon or biological weapon in  the  third  degree  as
    15  defined in section 490.47.
    16    (b)  Class  C violent felony offenses: an attempt to commit any of the
    17  class B felonies set forth in paragraph (a) of this subdivision;  aggra-
    18  vated criminally negligent homicide as defined in section 125.11, aggra-
    19  vated  manslaughter  in  the second degree as defined in section 125.21,
    20  aggravated sexual abuse in the  second  degree  as  defined  in  section
    21  130.67,  patronizing  a  person  for prostitution in the first degree as
    22  defined in section 230.06, promoting prostitution in the  second  degree
    23  as  defined  in  subdivision  two  of section 230.30, assault on a peace
    24  officer, police officer, fireman or emergency medical  services  profes-
    25  sional  as  defined  in section 120.08, assault on a judge as defined in
    26  section 120.09, gang assault in the second degree as defined in  section
    27  120.06,  strangulation in the first degree as defined in section 121.13,
    28  burglary in the second degree as defined in section 140.25,  robbery  in
    29  the second degree as defined in section 160.10, criminal possession of a
    30  weapon  in  the second degree as defined in section 265.03, criminal use
    31  of a firearm in the second degree as defined in section 265.08, criminal
    32  sale of a firearm in the second degree as  defined  in  section  265.12,
    33  criminal sale of a firearm with the aid of a minor as defined in section
    34  265.14, aggravated criminal possession of a weapon as defined in section
    35  265.19,  soliciting  or providing support for an act of terrorism in the
    36  first degree as defined in  section  490.15,  hindering  prosecution  of
    37  terrorism  in the second degree as defined in section 490.30, and crimi-
    38  nal possession of a chemical weapon or biological weapon  in  the  third
    39  degree as defined in section 490.37.
    40    (c)  Class  D violent felony offenses: an attempt to commit any of the
    41  class C felonies set forth in paragraph (b); reckless assault of a child
    42  as defined in section 120.02, assault in the second degree as defined in
    43  section 120.05, menacing a police officer or peace officer as defined in
    44  section 120.18, stalking in the first degree, as defined in  subdivision
    45  one  of section 120.60, strangulation in the second degree as defined in
    46  section 121.12, rape in the second degree as defined in section  130.30,
    47  criminal  sexual  act in the second degree as defined in section 130.45,
    48  sexual abuse in the first degree as defined in section 130.65, course of
    49  sexual conduct against a child  in  the  second  degree  as  defined  in
    50  section  130.80,  aggravated sexual abuse in the third degree as defined
    51  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
    52  substance  as defined in section 130.90, labor trafficking as defined in
    53  paragraphs (a) and (b) of subdivision three of section 135.35, patroniz-
    54  ing a person for prostitution in the second degree as defined in section
    55  230.05, promoting prostitution in the third degree as defined in  subdi-
    56  vision  two  of  section  230.25, criminal possession of a weapon in the
        S. 1605                             3                             A. 940
     1  third degree as defined in subdivision five, six, seven, eight, nine  or
     2  ten of section 265.02, criminal sale of a firearm in the third degree as
     3  defined  in  section  265.11,  intimidating  a  victim or witness in the
     4  second  degree  as  defined  in  section 215.16, soliciting or providing
     5  support for an act of terrorism in  the  second  degree  as  defined  in
     6  section  490.10,  and  making a terroristic threat as defined in section
     7  490.20, falsely reporting an incident in the first degree as defined  in
     8  section 240.60, placing a false bomb or hazardous substance in the first
     9  degree  as  defined in section 240.62, placing a false bomb or hazardous
    10  substance in a sports stadium or arena, mass transportation facility  or
    11  enclosed  shopping  mall  as  defined  in section 240.63, and aggravated
    12  unpermitted use of indoor pyrotechnics in the first degree as defined in
    13  section 405.18.
    14    (d) Class E violent felony offenses: an attempt to commit any  of  the
    15  felonies  of  criminal  possession  of  a  weapon in the third degree as
    16  defined in subdivision five, six, seven or eight of section 265.02 as  a
    17  lesser  included offense of that section as defined in section 220.20 of
    18  the criminal procedure  law,  persistent  sexual  abuse  as  defined  in
    19  section  130.53, aggravated sexual abuse in the fourth degree as defined
    20  in section 130.65-a, patronizing a person for prostitution in the  third
    21  degree  as  defined  in section 230.04, falsely reporting an incident in
    22  the second degree as defined in section 240.55 and placing a false  bomb
    23  or  hazardous  substance  in  the  second  degree  as defined in section
    24  240.61.
    25    § 2. Subdivision 5 of section 60.05 of the penal law,  as  amended  by
    26  chapter 405 of the laws of 2010, is amended to read as follows:
    27    5.  Certain class D felonies. Except as provided in subdivision six of
    28  this section, every person convicted of the class D felonies of  assault
    29  in  the second degree as defined in section 120.05, strangulation in the
    30  second degree as defined in section 121.12 [or attempt to commit a class
    31  C felony as  defined  in  section  230.30  of  this  chapter,]  must  be
    32  sentenced in accordance with section 70.00 or 85.00 of this title.
    33    §  3.  The  closing  paragraph  of section 230.04 of the penal law, as
    34  amended by chapter 368 of the laws  of  2015,  is  amended  to  read  as
    35  follows:
    36    Patronizing  a  person for prostitution in the third degree is a class
    37  [A misdemeanor] E felony.
    38    § 4. The closing paragraph of section 230.05  of  the  penal  law,  as
    39  amended  by  chapter  368  of  the  laws  of 2015, is amended to read as
    40  follows:
    41    Patronizing a person for prostitution in the second degree is a  class
    42  [E] D felony.
    43    §  5.  The  closing  paragraph  of section 230.06 of the penal law, as
    44  amended by chapter 368 of the laws  of  2015,  is  amended  to  read  as
    45  follows:
    46    Patronizing  a  person for prostitution in the first degree is a class
    47  [D] C felony.
    48    § 6. Section 230.40 of the penal law, the opening paragraph as amended
    49  by chapter 368 of the laws of 2015, is amended to read as follows:
    50  § 230.40 Permitting prostitution in the second degree.
    51    A person is guilty of permitting prostitution  in  the  second  degree
    52  when,  having  possession  or control of premises or vehicle which he or
    53  she knows are being used for prostitution purposes or for the purpose of
    54  advancing prostitution, he or she fails to  make  reasonable  effort  to
    55  halt or abate such use.
        S. 1605                             4                             A. 940
     1    Permitting  prostitution  in the second degree is a class [B] A misde-
     2  meanor.
     3    §  7.  The penal law is amended by adding a new section 230.45 to read
     4  as follows:
     5  § 230.45 Permitting prostitution in the first degree.
     6    A person is guilty of permitting prostitution in the first degree when
     7  having possession or control of premises or  vehicle  which  he  or  she
     8  knows  are  being used for prostitution purposes including the prostitu-
     9  tion of a child less than seventeen years of age, he  or  she  fails  to
    10  make reasonable effort to halt or abate such use.
    11    Permitting prostitution in the first degree is a class E felony.
    12    §  8.  Subparagraph  (i)  of paragraph (a) of subdivision 2 of section
    13  168-a of the correction law, as amended by chapter 368 of  the  laws  of
    14  2015, is amended to read as follows:
    15    (i)  a  conviction  of or a conviction for an attempt to commit any of
    16  the provisions of  sections  120.70,  130.20,  130.25,  130.30,  130.40,
    17  130.45, 130.60, 230.34, 250.50, 255.25, 255.26 and 255.27 or article two
    18  hundred  sixty-three of the penal law, or section 135.05, 135.10, 135.20
    19  or 135.25 of such law relating  to  kidnapping  offenses,  provided  the
    20  victim  of  such  kidnapping  or  related offense is less than seventeen
    21  years old and the offender is not the parent of the victim,  or  section
    22  230.04, where the person patronized is in fact less than seventeen years
    23  of  age,  230.05,  230.06,  230.11,  230.12,  230.13, subdivision two of
    24  section 230.30, section 230.32, 230.33, [or] 230.34, or  230.45  of  the
    25  penal  law,  or section 230.25 of the penal law where the person prosti-
    26  tuted is in fact less than seventeen years old, or
    27    § 9. This act shall take effect on the first of November next succeed-
    28  ing the date on which it shall have become a law.