Bill Text: NY S06419 | 2019-2020 | General Assembly | Introduced
Bill Title: Decriminalizes certain prostitution offenses; amends provisions relating to prosecution of such offenses and vacating judgments.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CODES [S06419 Detail]
Download: New_York-2019-S06419-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ S. 6419 A. 8230 2019-2020 Regular Sessions SENATE - ASSEMBLY June 10, 2019 ___________ IN SENATE -- Introduced by Sens. SALAZAR, RAMOS -- read twice and ordered printed, and when printed to be committed to the Committee on Rules IN ASSEMBLY -- Introduced by M. of A. GOTTFRIED, NIOU, KIM, QUART, CRUZ -- 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, the civil practice law and rules, the social services law, and the administrative code of the city of New York, 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: 1 Section 1. This act enacts into law major components of legislation 2 relating to the decriminalization of certain prostitution offenses. Each 3 component of this act is wholly contained within a Part identified as 4 Parts A through C. The effective date for each particular provision 5 contained within such Part is set forth in the last section of such 6 Part. Any provision in any section contained within a Part, including 7 the effective date of the Part, which makes reference to a section "of 8 this act", when used in connection with that particular component, shall 9 be deemed to mean and refer to the corresponding section of the Part in 10 which it is found. Section three of this act sets forth the general 11 effective date of this act. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13065-01-9S. 6419 2 A. 8230 1 PART A 2 DECRIMINALIZATION 3 Section 1. Section 230.00 of the penal law, as amended by chapter 169 4 of the laws of 1969, is amended to read as follows: 5 § 230.00 Prostitution; definitions. 6 [A person is guilty of prostitution when such person engages or agrees7or offers to engage in sexual conduct with another person in return for8a fee.9Prostitution is a class B Misdemeanor] 10 As used in this chapter, the following terms have the following mean- 11 ings: 12 1. "Prostitution" means engaging or agreeing to engage in sexual 13 conduct with another person in return for a fee. 14 2. A person "patronizes a person for prostitution" when: (a) pursuant 15 to a prior understanding, the actor pays a fee to another person as 16 compensation for such other person or a third person having engaged in 17 sexual conduct with the actor; or 18 (b) the person pays or agrees to pay a fee to another person pursuant 19 to an understanding that in return therefor such other person or a third 20 person will engage in sexual conduct with the actor; or 21 (c) the person solicits or requests another person to engage in sexual 22 conduct with the actor in return for a fee. 23 3. "Person who is patronized" means the person with whom the actor 24 engaged in sexual conduct or was to have engaged in sexual conduct 25 pursuant to the understanding, or the person who was solicited or 26 requested by the actor to engage in sexual conduct. 27 4. "School zone" means (a) in or on or within any building, structure, 28 athletic playing field, playground or land contained within the real 29 property boundary line of a public or private elementary, parochial, 30 intermediate, junior high, vocational, or high school, or (b) any public 31 sidewalk, street, parking lot, park, playground or private land, located 32 immediately adjacent to the boundary line of such school. 33 5. (a) "Advance prostitution." A person "advances prostitution" when, 34 acting other than as a person in prostitution or as a patron thereof, 35 and with intent to cause prostitution, the actor directly engages in 36 conduct that facilitates an act or enterprise of prostitution. 37 (b) Conduct by a person under twenty-one years of age shall not 38 constitute advancing prostitution unless the person participated in 39 compulsion by force or intimidation or in sex trafficking, or the person 40 whose prostitution was advanced is under seventeen years of age. 41 6. "Profit from prostitution." A person profits from prostitution 42 when, acting other than as a person in prostitution receiving compen- 43 sation for personally rendered prostitution services, the actor accepts 44 or receives money or other property pursuant to an agreement or under- 45 standing with any person whereby the actor participates or is to partic- 46 ipate in the proceeds of prostitution activity. 47 § 2. Section 230.01 of the penal law, as amended by chapter 189 of the 48 laws of 2018, is amended to read as follows: 49 § 230.01 Prostitution; affirmative defense. 50 In any prosecution under [section 230.00,] section 230.03, section 51 230.19, [230.20, subdivision 2 of section 230.25,] subdivision 2 of 52 section 230.30, or section 230.34-a [or subdivision two of section53240.37] of this [part] article, it is an affirmative defense that the 54 defendant's participation in the offense was a result of having been a 55 victim of compelling prostitution under section 230.33, a victim of sexS. 6419 3 A. 8230 1 trafficking under section 230.34 of this article, a victim of sex traf- 2 ficking of a child under section 230.34-a of this article or a victim of 3 trafficking in persons under the trafficking victims protection act 4 (United States Code, Title 22, Chapter 78). 5 § 3. Section 230.02 of the penal law is REPEALED. 6 § 4. Section 230.03 of the penal law, as added by chapter 191 of the 7 laws of 2011, subdivision 2 as amended by chapter 368 of the laws of 8 2015, is amended to read as follows: 9 § 230.03 Prostitution in a school zone. 10 [1.] A person is guilty of prostitution in a school zone when, being 11 nineteen years of age or older, and acting during the hours that school 12 is in session, [he or she] the actor commits [the crime] an act of pros- 13 titution [in violation of section 230.00 of this article] at a place 14 that [he or she] the actor knows, or reasonably should know, is in a 15 school zone, and [he or she] the actor knows, or reasonably should know, 16 that such act of prostitution is within the direct view of children 17 attending such school. 18 [2. For the purposes of this section, section 230.08 and section19230.19 of this article, "school zone" means (a) in or on or within any20building, structure, athletic playing field, playground or land21contained within the real property boundary line of a public or private22elementary, parochial, intermediate, junior high, vocational, or high23school, or (b) any public sidewalk, street, parking lot, park, play-24ground or private land, located immediately adjacent to the boundary25line of such school.] 26 Prostitution in a school zone is a class A misdemeanor. 27 § 5. Sections 230.04, 230.05, 230.06, 230.07 and 230.08 of the penal 28 law, as amended by chapter 368 of the laws of 2015, are amended to read 29 as follows: 30 § 230.04 Patronizing a person for prostitution in the third degree. 31 A person is guilty of patronizing a person for prostitution in the 32 third degree when [he or she] the actor patronizes a person for prosti- 33 tution and the person patronized is less than eighteen years old. 34 Patronizing a person for prostitution in the third degree is a class A 35 misdemeanor. 36 § 230.05 Patronizing a person for prostitution in the second degree. 37 A person is guilty of patronizing a person for prostitution in the 38 second degree when, being eighteen years old or more, [he or she] the 39 actor patronizes a person for prostitution and the person patronized is 40 less than fifteen years old. 41 Patronizing a person for prostitution in the second degree is a class 42 E felony. 43 § 230.06 Patronizing a person for prostitution in the first degree. 44 A person is guilty of patronizing a person for prostitution in the 45 first degree when: 46 1. [He or she] The actor patronizes a person for prostitution and the 47 person patronized is less than eleven years old; or 48 2. Being eighteen years old or more, [he or she] the actor patronizes 49 a person for prostitution and the person patronized is less than thir- 50 teen years old. 51 Patronizing a person for prostitution in the first degree is a class D 52 felony. 53 § 230.07 Patronizing a person for prostitution; defense. 54 In any prosecution for patronizing a person for prostitution in the 55 first [or], second or third degrees or patronizing a person for prosti- 56 tution in a school zone, it is a defense that the defendant did not haveS. 6419 4 A. 8230 1 reasonable grounds to believe that the person was less than the age 2 specified. 3 § 230.08 Patronizing a person for prostitution in a school zone. 4 [1.] A person is guilty of patronizing a person for prostitution in a 5 school zone when, being twenty-one years old or more, [he or she] the 6 actor patronizes a person for prostitution and the person patronized is 7 less than eighteen years old at a place that [he or she] the actor 8 knows, or reasonably should know, is in a school zone. 9 [2. For purposes of this section, "school zone" shall mean "school10zone" as defined in subdivision two of section 230.03 of this article.] 11 Patronizing a person for prostitution in a school zone is a class E 12 felony. 13 § 6. Section 230.10 of the penal law, the section heading and the 14 opening paragraph as amended by chapter 368 of the laws of 2015, is 15 amended to read as follows: 16 § 230.10 Prostitution and patronizing a person for prostitution; no 17 defense. 18 In any prosecution for prostitution or patronizing a person for pros- 19 titution, the sex of [the two] any of the parties or prospective parties 20 to the sexual conduct engaged in, contemplated or solicited is immateri- 21 al[, and it is no defense that:221. Such persons were of the same sex; or232. The person who received, agreed to receive or solicited a fee was a24male and the person who paid or agreed or offered to pay such fee was a25female]. 26 § 7. Sections 230.11, 230.12 and 230.13 of the penal law, as added by 27 chapter 368 of the laws of 2015, are amended to read as follows: 28 § 230.11 Aggravated patronizing a minor for prostitution in the third 29 degree. 30 A person is guilty of aggravated patronizing a minor for prostitution 31 in the third degree when, being twenty-one years old or more, [he or32she] the actor patronizes a person for prostitution and the person 33 patronized is less than seventeen years old and the person guilty of 34 patronizing engages in sexual intercourse, oral sexual conduct, anal 35 sexual conduct, or aggravated sexual conduct as those terms are defined 36 in section 130.00 of this part, with the person patronized. 37 Aggravated patronizing a minor for prostitution in the third degree is 38 a class E felony. 39 § 230.12 Aggravated patronizing a minor for prostitution in the second 40 degree. 41 A person is guilty of aggravated patronizing a minor for prostitution 42 in the second degree when, being eighteen years old or more, [he or she] 43 the actor patronizes a person for prostitution and the person patronized 44 is less than fifteen years old and the person guilty of patronizing 45 engages in sexual intercourse, oral sexual conduct, anal sexual conduct, 46 or aggravated sexual conduct as those terms are defined in section 47 130.00 of this part, with the person patronized. 48 Aggravated patronizing a minor for prostitution in the second degree 49 is a class D felony. 50 § 230.13 Aggravated patronizing a minor for prostitution in the first 51 degree. 52 A person is guilty of aggravated patronizing a minor for prostitution 53 in the first degree when [he or she] the actor patronizes a person for 54 prostitution and the person patronized is less than eleven years old, or 55 being eighteen years old or more, [he or she] the actor patronizes a 56 person for prostitution and the person patronized is less than thirteenS. 6419 5 A. 8230 1 years old, and the person guilty of patronizing engages in sexual inter- 2 course, oral sexual conduct, anal sexual conduct, or aggravated sexual 3 conduct as those terms are defined in section 130.00 of this part, with 4 the person patronized. 5 Aggravated patronizing a minor for prostitution in the first degree is 6 a class B felony. 7 § 8. Section 230.15 of the penal law is REPEALED. 8 § 9. Section 230.19 of the penal law, as added by chapter 191 of the 9 laws of 2011, subdivision 1 as amended by chapter 368 of the laws of 10 2015, is amended to read as follows: 11 § 230.19 Promoting prostitution in a school zone. 12 [1.] A person is guilty of promoting prostitution in a school zone 13 when, being nineteen years old or more, [he or she] the actor knowingly 14 advances or profits from prostitution that [he or she] the actor knows 15 or reasonably should know is or will be committed in violation of 16 section 230.03 of this article in a school zone during the hours that 17 school is in session. 18 [2. For purposes of this section, "school zone" shall mean "school19zone" as defined in subdivision two of section 230.03 of this article.] 20 Promoting prostitution in a school zone is a class E felony. 21 § 10. Sections 230.20 and 230.25 of the penal law are REPEALED. 22 § 11. Section 230.30 of the penal law, as amended by chapter 368 of 23 the laws of 2015, is amended to read as follows: 24 § 230.30 Promoting prostitution in the second degree. 25 A person is guilty of promoting prostitution in the second degree when 26 [he or she] the actor knowingly: 27 1. Advances prostitution by compelling a person by force or intim- 28 idation to engage in prostitution, or profits from such coercive conduct 29 by another; or 30 2. Advances or profits from prostitution of a person less than eigh- 31 teen years old. 32 Promoting prostitution in the second degree is a class C felony. 33 § 12. Section 230.32 of the penal law, as added by chapter 627 of the 34 laws of 1978, the opening paragraph and subdivisions 1 and 2 as amended 35 by chapter 368 of the laws of 2015, is amended to read as follows: 36 § 230.32 Promoting prostitution in the first degree. 37 A person is guilty of promoting prostitution in the first degree when 38 [he or she] the actor: 39 1. knowingly advances or profits from prostitution of a person less 40 than thirteen years old; or 41 2. being twenty-one years old or more, [he or she] the actor knowingly 42 advances or profits from prostitution of a person less than fifteen 43 years old. 44 Promoting prostitution in the first degree is a class B felony. 45 § 13. Section 230.33 of the penal law, as amended by chapter 368 of 46 the laws of 2015, is amended to read as follows: 47 § 230.33 Compelling prostitution. 48 A person is guilty of compelling prostitution when, being eighteen 49 years old or more, [he or she] the actor knowingly advances prostitution 50 by compelling a person less than eighteen years old, by force or intim- 51 idation, to engage in prostitution. 52 Compelling prostitution is a class B felony. 53 § 14. The opening paragraph of section 230.34 of the penal law, as 54 added by chapter 74 of the laws of 2007, is amended to read as follows: 55 A person is guilty of sex trafficking if [he or she] the actor inten- 56 tionally advances or profits from prostitution by:S. 6419 6 A. 8230 1 § 15. Section 230.34-a of the penal law, as added by chapter 189 of 2 the laws of 2018, is amended to read as follows: 3 § 230.34-a Sex trafficking of a child. 4 [1.] A person is guilty of sex trafficking of a child when [he or she] 5 the actor, being twenty-one years old or more, intentionally advances or 6 profits from prostitution of another person and such person is a child 7 less than eighteen years old. Knowledge by the defendant of the age of 8 such child is not an element of this offense and it is not a defense to 9 a prosecution therefor that the defendant did not know the age of the 10 child or believed such age to be eighteen or over. 11 [2. For purposes of this section:12(a) A person "advances prostitution" when, acting other than as a13person in prostitution or as a patron thereof, and with intent to cause14prostitution, he or she directly engages in conduct that facilitates an15act or enterprise of prostitution.16(b) A person "profits from prostitution" when, acting other than as a17person in prostitution receiving compensation for personally rendered18prostitution services, and with intent to facilitate prostitution, he or19she accepts or receives money or other property pursuant to an agreement20or understanding with any person whereby he or she participates in the21proceeds of prostitution activity.] 22 Sex trafficking of a child is a class B felony. 23 § 16. Section 230.35 of the penal law, as amended by chapter 368 of 24 the laws of 2015, is amended to read as follows: 25 § 230.35 Promoting or compelling prostitution; accomplice. 26 In a prosecution for promoting prostitution or compelling prostitu- 27 tion, a person [less than eighteen years old] from whose prostitution 28 activity another person is alleged to have advanced or attempted to 29 advance or profited or attempted to profit shall not be deemed to be an 30 accomplice. 31 § 17. Section 230.40 of the penal law, the opening paragraph as 32 amended by chapter 368 of the laws of 2015, is amended to read as 33 follows: 34 § 230.40 Permitting prostitution. 35 A person is guilty of permitting prostitution when, having possession 36 or control of premises or vehicle which [he or she] the actor knows are 37 being used for prostitution purposes or for the purpose of advancing 38 prostitution, [he or she] in violation of this article, the actor fails 39 to make reasonable effort to halt or abate such use. 40 Permitting prostitution is a class B misdemeanor. 41 § 18. Section 240.37 of the penal law is REPEALED. 42 § 19. This act shall take effect on the thirtieth day after it shall 43 have become a law. 44 PART B 45 ELIMINATING PRIOR CRIMINAL RECORDS AND OTHER RELATED PROVISIONS 46 Section 1. Subdivision 3 of section 160.50 of the criminal procedure 47 law is amended by adding a new paragraph (m) to read as follows: 48 (m) The accusatory instrument alleged a violation of article two 49 hundred thirty or section 240.37 of the penal law, as in effect prior to 50 the effective date of this paragraph, and the accusatory instrument, 51 initially or as amended, does not allege conduct that is an offense 52 under law in effect on and after the effective date of this paragraph. 53 No defendant shall be required or permitted to waive eligibility for 54 sealing pursuant to this paragraph as part of a plea of guilty, aS. 6419 7 A. 8230 1 sentence or any agreement related to a conviction or other disposition. 2 Any such waiver shall be deemed void and wholly unenforceable. 3 § 2. Section 160.50 of the criminal procedure law is amended by adding 4 a new subdivision 5 to read as follows: 5 5. A person in whose favor a criminal action or proceeding was termi- 6 nated, as defined in paragraph (m) of subdivision three of this section, 7 may upon motion apply to the court in which such termination occurred, 8 upon not less than twenty days notice to the district attorney, for an 9 order granting to such person the relief set forth in subdivision one of 10 this section, and such order shall be granted unless the district attor- 11 ney demonstrates to the satisfaction of the court that the interests of 12 justice require otherwise. 13 § 3. Paragraph (j) of subdivision 1 of section 440.10 of the criminal 14 procedure law, as amended by section 2 of part MMM of chapter 59 of the 15 laws of 2019, is amended and a new subdivision (k) is added to read as 16 follows: 17 (j) The judgment is a conviction for a class A or unclassified misde- 18 meanor entered prior to the effective date of this paragraph and satis- 19 fies the ground prescribed in paragraph (h) of this subdivision. There 20 shall be a rebuttable presumption that a conviction by plea to such an 21 offense was not knowing, voluntary and intelligent, based on ongoing 22 collateral consequences, including potential or actual immigration 23 consequences, and there shall be a rebuttable presumption that a 24 conviction by verdict constitutes cruel and unusual punishment under 25 section five of article one of the state constitution based on such 26 consequences[.]; or 27 (k) The judgment is a conviction for a violation of article two 28 hundred thirty or section 240.37 of the penal law, as in effect prior to 29 the effective date of this paragraph, provided that the court shall 30 decline to vacate any portion of the judgment of conviction that is for 31 conduct that is an offense under law in effect at the time of the 32 conduct and on and after the effective date of this paragraph. 33 § 4. Section 440.10 of the criminal procedure law is amended by adding 34 a new subdivision 6-a to read as follows: 35 6-a. If the court grants a motion under paragraph (k) of subdivision 36 one of this section, it must vacate the judgment and dismiss the accusa- 37 tory instrument, to the extent it has vacated the judgment, and may take 38 such additional action as is appropriate in the circumstances. 39 § 5. Subdivision 5 of section 1310 of the civil practice law and 40 rules, as added by chapter 669 of the laws of 1984, is amended to read 41 as follows: 42 5. "Post-conviction forfeiture crime" means any felony defined in the 43 penal law or any other chapter of the consolidated laws of the state. 44 However, this shall not include any felony under article two hundred 45 thirty of the penal law in effect prior to the effective date of a chap- 46 ter of the laws of two thousand nineteen which amended this subdivision, 47 unless it was also a felony under that article on or after that date. 48 § 6. Section 60.47 of the criminal procedure law is REPEALED. 49 § 7. Paragraphs (c) and (d) of subdivision 1 of section 160.10 of the 50 criminal procedure law, paragraph (c) as amended by chapter 762 of the 51 laws of 1971 and paragraph (d) as amended by chapter 232 of the laws of 52 2010, are amended to read as follows: 53 (c) A misdemeanor defined outside the penal law which would constitute 54 a felony if such person had a previous judgment of conviction for a 55 crime[; orS. 6419 8 A. 8230 1(d) Loitering for the purpose of engaging in a prostitution offense as2defined in subdivision two of section 240.37 of the penal law]. 3 § 8. Subdivision 4 of section 170.30 of the criminal procedure law is 4 REPEALED. 5 § 9. Section 170.80 of the criminal procedure law is REPEALED. 6 § 10. Subdivision 2 of section 420.35 of the criminal procedure law, 7 as amended by chapter 189 of the laws of 2018, is amended to read as 8 follows: 9 2. Under no circumstances shall the mandatory surcharge, sex offender 10 registration fee, DNA databank fee or the crime victim assistance fee be 11 waived provided, however, that a court may waive the crime victim 12 assistance fee if such defendant is an eligible youth as defined in 13 subdivision two of section 720.10 of this chapter, and the imposition of 14 such fee would work an unreasonable hardship on the defendant, his or 15 her immediate family, or any other person who is dependent on such 16 defendant for financial support. A court shall waive any mandatory 17 surcharge, DNA databank fee and crime victim assistance fee when: (i) 18 the defendant is convicted of [loitering for the purpose of engaging in19prostitution under section 240.37 of the penal law (provided that the20defendant was not convicted of loitering for the purpose of patronizing21a person for prostitution); (ii) the defendant is convicted of prostitu-22tion under section 230.00 of the penal law; (iii) the defendant is23convicted of a violation in the event such conviction is in lieu of a24plea to or conviction for loitering for the purpose of engaging in pros-25titution under section 240.37 of the penal law (provided that the26defendant was not alleged to be loitering for the purpose of patronizing27a person for prostitution) or prostitution under section 230.00 of the28penal law;] a violation of article two hundred thirty or section 240.37 29 of the penal law, as in effect prior to the effective date of a chapter 30 of the laws of two thousand nineteen which amended this subdivision, 31 unless the violation is an offense under law in effect on and after that 32 effective date or [(iv)] (ii) the court finds that a defendant is a 33 victim of sex trafficking under section 230.34 of the penal law, sex 34 trafficking of a child under section 230.34-a of the penal law, or [a35victim of] trafficking in persons under the trafficking victims 36 protection act (United States Code, Title 22, Chapter 78)[; or (v) the37court finds that the defendant is a victim of sex trafficking of a child38under section 230.34-a of the penal law]. 39 § 11. Subdivision 4 of section 720.15 of the criminal procedure law is 40 REPEALED. 41 § 12. Subdivision 1 of section 720.35 of the criminal procedure law, 42 as amended by chapter 402 of the laws of 2014, is amended to read as 43 follows: 44 1. A youthful offender adjudication is not a judgment of conviction 45 for a crime or any other offense, and does not operate as a disquali- 46 fication of any person so adjudged to hold public office or public 47 employment or to receive any license granted by public authority but 48 shall be deemed a conviction only for the purposes of transfer of super- 49 vision and custody pursuant to section two hundred fifty-nine-m of the 50 executive law. [A defendant for whom a youthful offender adjudication51was substituted, who was originally charged with prostitution as defined52in section 230.00 of the penal law or loitering for the purposes of53prostitution as defined in subdivision two of section 240.37 of the54penal law provided that the person does not stand charged with loitering55for the purpose of patronizing a prostitute, for an offense allegedly56committed when he or she was sixteen or seventeen years of age, shall beS. 6419 9 A. 8230 1deemed a "sexually exploited child" as defined in subdivision one of2section four hundred forty-seven-a of the social services law and there-3fore shall not be considered an adult for purposes related to the charg-4es in the youthful offender proceeding or a proceeding under section5170.80 of this chapter.] 6 § 13. Paragraphs (c) and (d) of subdivision 1 of section 447-a of the 7 social services law, as amended by chapter 189 of the laws of 2018, are 8 amended to read as follows: 9 (c) is a victim of the crime of compelling prostitution as defined in 10 section 230.33 of the penal law; or 11 (d) engages in acts or conduct described in article two hundred 12 sixty-three [or section 240.37] of the penal law. 13 § 14. The third undesignated paragraph of subdivision a of section 14 3-118 of the administrative code of the city of New York, as amended by 15 chapter 189 of the laws of 2018, is amended to read as follows: 16 Sexually exploited youth. The term "sexually exploited youth" means 17 persons under the age of 18 who have been subject to sexual exploitation 18 because they (a) are the victim of the crime of sex trafficking as 19 defined in section 230.34 of the penal law; (b) engage in any act as 20 defined in section 230.00 of the penal law; (c) are a victim of the 21 crime of compelling prostitution as defined in section 230.33 of the 22 penal law; (d) are a victim of the crime of sex trafficking of a child 23 as defined in section 230.34-a of the penal law; or (e) engage in acts 24 or conduct described in article 263 [or section 240.37] of the penal 25 law. The term shall also mean persons under the age of 18 who have been 26 subject to incest in the third degree, second degree or first degree, as 27 defined in sections 255.25, 255.26, and 255.27 of the penal law, respec- 28 tively, or any of the sex offenses enumerated in article 130 of the 29 penal law. 30 § 15. The office of court administration shall establish and make 31 available all necessary forms for proceedings under this act no later 32 than sixty days following the effective date of this section. 33 § 16. This act shall take effect on the thirtieth day after it shall 34 have become a law. 35 PART C 36 OTHER CONFORMING CHANGES 37 Section 1. Subdivision 1 of section 12 of the multiple dwelling law is 38 amended to read as follows: 39 1. It shall be unlawful to use any multiple dwelling or any part of 40 the lot or premises thereof for the purpose of criminal conduct related 41 to prostitution [or assignation of any description] under article two 42 hundred thirty of the penal law. This subdivision shall only apply to 43 conduct involving prostitution activity in violation of article two 44 hundred thirty of the penal law on or after the effective date of a 45 chapter of the laws of two thousand nineteen that amended this subdivi- 46 sion. 47 § 2. Sections 351 and 352 of the multiple dwelling law, section 352 as 48 amended by chapter 310 of the laws of 1962, are amended to read as 49 follows: 50 § 351. Lien. A multiple dwelling shall be subject to a penalty of one 51 thousand dollars if it or any part of it shall be used as a house of 52 prostitution [or assignation] in violation of article two hundred thirty 53 of the penal law with the permission of the owner, and such penalty 54 shall be a lien upon the dwelling and lot upon which it is situated.S. 6419 10 A. 8230 1 This section shall only apply to conduct involving prostitution activity 2 in violation of article two hundred thirty of the penal law on or after 3 the effective date of a chapter of the laws of two thousand nineteen 4 that amended this section. 5 § 352. Recovery of premises. If a multiple dwelling, or any part 6 thereof, shall be used as a house of prostitution [or assignation] in 7 violation of article two hundred thirty of the penal law with the 8 permission of the lessee or [his] the lessee's agent, the lease shall be 9 terminable at the election of the lessor, and the owner shall be enti- 10 tled to recover possession of said premises by summary proceedings. 11 This section shall only apply to conduct involving prostitution activity 12 in violation of article two hundred thirty of the penal law on or after 13 the effective date of a chapter of the laws of two thousand nineteen 14 that amended this section. 15 § 3. Section 2320 of the public health law is amended to read as 16 follows: 17 § 2320. Houses of prostitution; equipment; nuisance. 1. Whoever shall 18 erect, establish, continue, maintain, use, own, or lease any building, 19 erection, or place used for the purpose of [lewdness, assignation, or] 20 prostitution activity in violation of article two hundred thirty of the 21 penal law is guilty of maintaining a nuisance. 22 2. The building, erection, or place, or the ground itself, in or upon 23 which any [lewdness, assignation, or] prostitution activity in violation 24 of article two hundred thirty of the penal law is conducted, permitted, 25 or carried on, continued, or exists, and the furniture, fixtures, 26 musical instruments, and movable property used in conducting or main- 27 taining such nuisance, are hereby declared to be a nuisance and shall be 28 enjoined and abated as hereafter provided. 29 3. This article shall only apply to conduct involving prostitution 30 activity in violation of article two hundred thirty of the penal law on 31 or after the effective date of this subdivision. 32 § 4. Subdivision 5 of section 711 of the real property actions and 33 proceedings law, as added by section 312 of the laws of 1962, is amended 34 to read as follows: 35 5. The premises, or any part thereof, are used or occupied [as a36bawdy-house, or house or place of assignation for lewd persons, or] for 37 purposes of prostitution activity in violation of article two hundred 38 thirty of the penal law, or for any illegal trade or manufacture, or 39 other illegal business. As used in this subdivision, "prostitution 40 activity" shall only mean conduct in violation of article two hundred 41 thirty of the penal law on or after the effective date of a chapter of 42 the laws of two thousand nineteen that amended this subdivision. 43 § 5. Subdivisions 1 and 2 of section 715 of the real property actions 44 and proceedings law, subdivision 1 as amended by chapter 555 of the laws 45 of 1978, subdivision 2 as amended by chapter 368 of the laws of 2015, 46 are amended to read as follows: 47 1. An owner or tenant, including a tenant of one or more rooms of an 48 apartment house, tenement house or multiple dwelling, of any premises 49 within two hundred feet from other demised real property [used or occu-50pied in whole or in part as a bawdy-house, or house or place of assigna-51tion for lewd persons, or] for purposes of prostitution activity in 52 violation of article two hundred thirty of the penal law, or for any 53 illegal trade, business or manufacture, or any domestic corporation 54 organized for the suppression of vice, subject to or which submits to 55 visitation by the state department of social services and possesses a 56 certificate from such department of such fact and of conformity withS. 6419 11 A. 8230 1 regulations of the department, or any duly authorized enforcement agency 2 of the state or of a subdivision thereof, under a duty to enforce the 3 provisions of the penal law or of any state or local law, ordinance, 4 code, rule or regulation relating to buildings, may serve personally 5 upon the owner or landlord of the premises so used or occupied, or upon 6 [his] the lessee's agent, a written notice requiring the owner or land- 7 lord to make an application for the removal of the person so using or 8 occupying the same. If the owner or landlord or [his] the lessee's agent 9 does not make such application within five days thereafter; or, having 10 made it, does not in good faith diligently prosecute it, the person, 11 corporation or enforcement agency giving the notice may bring a proceed- 12 ing under this article for such removal as though the petitioner were 13 the owner or landlord of the premises, and shall have precedence over 14 any similar proceeding thereafter brought by such owner or landlord or 15 to one theretofore brought by [him] such owner or landlord and not pros- 16 ecuted diligently and in good faith. [Proof of the ill repute of the17demised premises or of the inmates thereof or of those resorting thereto18shall constitute presumptive evidence of the unlawful use of the demised19premises required to be stated in the petition for removal.] Both the 20 person in possession of the property and the owner or landlord shall be 21 made respondents in the proceeding. As used in this subdivision, "pros- 22 titution activity" shall only mean conduct in violation of article two 23 hundred thirty of the penal law on or after the effective date of a 24 chapter of the laws of two thousand nineteen that amended this subdivi- 25 sion. 26 2. For purposes of this section, two or more convictions of any person 27 or persons had, within a period of one year, for any of the offenses 28 described in section [230.00,] 230.05, 230.06, 230.11, 230.12, 230.13, 29 [230.20, 230.25,] 230.30, 230.32 or 230.40 of the penal law arising out 30 of conduct engaged in at the same real property consisting of a dwelling 31 as that term is defined in subdivision four of section four of the 32 multiple dwelling law shall be presumptive evidence of conduct consti- 33 tuting use of the premises for purposes of prostitution. However, this 34 subdivision shall only apply to an offense under article two hundred 35 thirty of the penal law in effect on or after the effective date of a 36 chapter of laws of two thousand nineteen that amended this subdivision. 37 § 6. Subdivision 3 of section 231 of the real property law, as amended 38 by chapter 368 of the laws of 2015, is amended to read as follows: 39 3. For the purposes of this section, two or more convictions of any 40 person or persons had, within a period of one year, for any of the 41 offenses described in section [230.00,] 230.05, 230.06, 230.11, 230.12, 42 230.13, [230.20, 230.25,] 230.30, 230.32 or 230.40 of the penal law 43 arising out of conduct engaged in at the same premises consisting of a 44 dwelling as that term is defined in subdivision four of section four of 45 the multiple dwelling law shall be presumptive evidence of unlawful use 46 of such premises and of the owners knowledge of the same. However, this 47 subdivision shall only apply to an offense under article two hundred 48 thirty of the penal law in effect on or after the effective date of a 49 chapter of the laws of two thousand nineteen that amended this subdivi- 50 sion. 51 § 7. Paragraph 3 of subdivision b of section 233 of the real property 52 law, as added by chapter 566 of the laws of 1996, is amended to read as 53 follows: 54 3. The premises, or any part thereof, are used or occupied [as a55bawdy-house, or house or place of assignation for lewd purposes or] for 56 purposes of prostitution activity in violation of article two hundredS. 6419 12 A. 8230 1 thirty of the penal law, or for any illegal trade or business. As used 2 in this paragraph, "prostitution activity" shall only mean conduct in 3 violation of article two hundred thirty of the penal law on or after the 4 effective date of a chapter of the laws of two thousand nineteen that 5 amended this paragraph. 6 § 8. Paragraphs (b) and (c) of subdivision 4 of section 509-cc of the 7 vehicle and traffic law, paragraph (b) as amended by chapter 400 of the 8 laws of 2011, paragraph (c) as amended by chapter 368 of the laws of 9 2015, are amended to read as follows: 10 (b) The offenses referred to in subparagraph (ii) of paragraph (a) of 11 subdivision one and paragraph (b) of subdivision two of this section 12 that result in permanent disqualification shall include a conviction 13 under sections 100.13, 105.15, 105.17, 115.08, 120.12, 120.70, 125.10, 14 125.11, 130.40, 130.53, 130.60, 130.65-a, 135.20, 160.15, 220.18, 15 220.21, 220.39, 220.41, 220.43, 220.44, [230.25,] 260.00, 265.04 of the 16 penal law or an attempt to commit any of the aforesaid offenses under 17 section 110.00 of the penal law, or any offenses committed under a 18 former section of the penal law which would constitute violations of the 19 aforesaid sections of the penal law, or any offenses committed outside 20 this state which would constitute violations of the aforesaid sections 21 of the penal law. 22 (c) The offenses referred to in subparagraph (i) of paragraph (b) of 23 subdivision one and subparagraph (i) of paragraph (c) of subdivision two 24 of this section that result in disqualification for a period of five 25 years shall include a conviction under sections 100.10, 105.13, 115.05, 26 120.03, 120.04, 120.04-a, 120.05, 120.10, 120.25, 121.12, 121.13, 27 [125.40, 125.45,] 130.20, 130.25, 130.52, 130.55, 135.10, 135.55, 28 140.17, 140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06, 29 220.09, 220.16, 220.31, 220.34, 220.60, 220.65, 221.30, 221.50, 221.55, 30 [230.00,] 230.05, 230.06, 230.11, 230.12, 230.13, 230.19, [230.20,] 31 235.05, 235.06, 235.07, 235.21, 240.06, 245.00, 260.10, subdivision two 32 of section 260.20 and sections 260.25, 265.02, 265.03, 265.08, 265.09, 33 265.10, 265.12, 265.35 of the penal law or an attempt to commit any of 34 the aforesaid offenses under section 110.00 of the penal law, or any 35 similar offenses committed under a former section of the penal law, or 36 any offenses committed under a former section of the penal law which 37 would constitute violations of the aforesaid sections of the penal law, 38 or any offenses committed outside this state which would constitute 39 violations of the aforesaid sections of the penal law. 40 § 9. Subdivisions 1 and 2 of section 510-d of the vehicle and traffic 41 law, as amended by chapter 189 of the laws of 2018, are amended to read 42 as follows: 43 1. A class E driver's license shall be suspended by the commissioner 44 for a period of one year where the holder is convicted of a violation of 45 section [230.20, 230.25,] 230.30, 230.32, 230.34, 230.34-a or 230.40 of 46 the penal law and the holder used a for hire motor vehicle to commit 47 such crime. 48 2. A class E driver's license may be revoked by the commissioner when 49 the holder, who had his or her driver's license suspended under subdivi- 50 sion one of this section within the last ten years, is convicted of a 51 second violation of section [230.20, 230.25,] 230.30, 230.32, 230.34, 52 230.34-a or 230.40 of the penal law and the holder used a for hire motor 53 vehicle to commit such crime. 54 § 10. Subdivision (a) of section 7-703 of the administrative code of 55 the city of New York is amended to read as follows:S. 6419 13 A. 8230 1 (a) Any building, erection or place, including one- or two-family 2 dwellings, used for the purpose of prostitution [as defined in section3230.00] activity in violation of article two hundred thirty of the penal 4 law. Two or more criminal convictions of persons for [acts of] prostitu- 5 tion activity in violation of article two hundred thirty of the penal 6 law in the building, erection or place, including one- or two-family 7 dwellings, within the one-year period preceding the commencement of an 8 action under this chapter, shall be presumptive evidence that the build- 9 ing, erection or place, including one- or two-family dwellings, is a 10 public nuisance. In any action under this subdivision, evidence of the 11 common fame and general reputation of the building, erection or place, 12 including one- or two-family dwellings, of the inmates or occupants 13 thereof, or of those resorting thereto, shall be competent evidence to 14 prove the existence of the public nuisance. If evidence of the general 15 reputation of the building, erection or place, including one- or two-fa- 16 mily dwellings, or of the inmates or occupants thereof, is sufficient to 17 establish the existence of the public nuisance, it shall be prima facie 18 evidence of knowledge thereof and acquiescence and participation therein 19 and responsibility for the nuisance, on the part of the owners, lessors, 20 lessees and all those in possession of or having charge of, as agent or 21 otherwise, or having any interest in any form in the property, real or 22 personal, used in conducting or maintaining the public nuisance. As used 23 in this subdivision, "prostitution activity" shall only mean conduct in 24 violation of article two hundred thirty of the penal law on or after the 25 effective date of a chapter of the laws of two thousand nineteen that 26 amended this subdivision; 27 § 11. Subdivision f of section 20-247 of the administrative code of 28 the city of New York is amended to read as follows: 29 f. It shall be unlawful for any licensee to guide or direct any person 30 to [a place of ill repute, house of ill fame or assignation, or to any31house or place of amusement kept for immoral purposes, or to] any place 32 resorted to for the purpose of prostitution activity in violation of 33 article two hundred thirty of the penal law or gambling. It shall be 34 unlawful for any such licensee to impart any information as to the 35 location or address of any such houses or places, or to solicit the 36 patronage of any person or persons for any hotel, lodging house or 37 boarding house or place of temporary or permanent abode, or for any 38 place where refreshments are served or amusement of any type provided. 39 As used in this subdivision, "prostitution activity" shall only mean 40 conduct in violation of article two hundred thirty of the penal law on 41 or after the effective date of a chapter of the laws of two thousand 42 nineteen that amended this subdivision. 43 § 12. This act shall take effect on the thirtieth day after it shall 44 have become a law. 45 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 46 sion, section or part of this act shall be adjudged by a court of compo- 47 nent jurisdiction to be invalid, such judgment shall not affect, impair 48 or invalidate the remainder thereof, but shall be confined in its opera- 49 tion to the clause, sentence, paragraph, subdivision, section or part 50 thereof directly involved in the controversy in which such judgment 51 shall have been rendered. It is hereby declared to be the intent of the 52 legislature that this act would have been enacted even if such invalid 53 provisions had not been included herein. 54 § 3. This act shall take effect immediately.
