S116A-2011 Actions

• Jan 5, 2012: PRINT NUMBER 116A
• Jan 5, 2012: AMEND AND RECOMMIT TO JUDICIARY
• Jan 4, 2012: REFERRED TO JUDICIARY
• Mar 31, 2011: COMMITTEE DISCHARGED AND COMMITTED TO JUDICIARY
• Feb 22, 2011: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
• Jan 5, 2011: REFERRED TO CODES

S116A-2011 Memo

BILL NUMBER:S116A

TITLE OF BILL:

An act
to amend the penal law, the correction law, the criminal procedure law,
the civil rights law, the executive law, the family court act, the
mental hygiene law, the multiple dwelling law, the public health law,
the real property actions and proceedings law, the real property law and
the vehicle and traffic law, in relation to prostitution offenses and
creating the crime of sexual exploitation of a child

PURPOSE:

The purpose of this bill is to protect children, especially runaway
kids who are being turned into sex slaves by parents, pimps and other
abusive adults. The bill would ensure that anyone engaging in sexual
conduct for a fee with a child, who by law is incapable of consenting
to sexual conduct, is punished to the same extent as a person who is
charged under current New York law dealing with statutory rape. The
bill also provides any sixteen year old child who engages in sexual
conduct for a fee and who is a first-time offender with a one-time
non-criminal disposition for any charge of prostitution.

SUMMARY OF PROVISIONS:

Section 1 Amends Section 230 of the Penal Law. Defines criminal
prostitution. Any person who is lawfully able to consent to sexual
conduct, who engages in such sexual conduct for a fee is guilty of a
class B Misdemeanor.

Section 2 Amends the Penal Law by adding a new section 230.01. Defines
unlawful prostitution. Any person who is less than the age of
seventeen, the age of legal consent to sexual conduct, would be
guilty of unlawful prostitution, if such person engages in sexual
conduct for a fee. A first offense would be a violation, subsequent
offenses by sixteen year olds engaging in prostitution would match
the penalty imposed for seventeen year old children and other adults
who engage in prostitution.

Section 3 Amends sections 230.05 and 230.06 of the Penal Law in order
to conform the age of the person being patronized and the penalties
for patronizing such under aged children with the penalties contained
in Article 130 of the Penal Law relative to statutory rape.

Section 4 Amends the Penal Law by adding a new section 230.06-a.
Creates the crime of sexual exploitation of a child. Similar to rape
in the first degree and associated sexual conduct involving children
ten years old and less as well as certain children aged eleven and
twelve, a person patronizing such under aged children would be guilty
of a class B felony.

Section 5 Amends section 230.07 of the Penal law. Shifts the burden to
the defendant who engaged in the sexual conduct with the under aged
person to show, by a preponderance of the evidence, that the


defendant did not have reasonable grounds to believe that the person
was less than the age specified.

Sections 6, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24,
25, 26, 27 and 28 are technical amendments.

Section 7 Amends the Penal Law by adding a new section 230.11.
Provides an affirmative defense for a victim of sex trafficking to a
charge of unlawful prostitution or criminal prostitution.

Section 8 Amends the Penal Law, subdivision two, section 230.03.
Increases the penalty for a person who advances or profits from
prostitution of a sixteen year old minor.

Section 9 Amends the Penal Law, section 230.33. Increases the penalty
for a person who by force or intimidation compels a sixteen year old
minor to engage in prostitution.

Section 15 Amends paragraph (d) of subdivision 1 of section 160.10 and
adds a new paragraph (e). Provides that unlawful prostitution is a
finger-printable offense.

Section 29 Effective Date

EXISTING LAW:

Under existing law persons sixteen years and older, who engage in
sexual conduct for a fee, are guilty of a class B misdemeanor. The
law does not distinguish between actors who are capable of consent to
sexual conduct and those who are not.

Under current law a person who patronizes a prostitute, i.e., pays a
fee to engage in sexual conduct is guilty of a class A misdemeanor.
Also under current law, any person, including a sixteen year old, who
engages in sexual conduct with a minor aged sixteen or younger is
guilty of sexual misconduct, a class A misdemeanor.

Under current law an actor 21 years old or more who engages in sexual
conduct with a person under the age of seventeen is guilty of a class
E felony. If this same individual pays a fee to engage in sexual
conduct with a fourteen, fifteen or sixteen year old child, the person
is only guilty of a class A misdemeanor.

Under current law, if the actor is eighteen years of age or older and
engages in sexual conduct with a person under the age of fifteen the
person is guilty of a class D felony. If this same person pays a fee
to engage in sexual conduct with a fourteen or thirteen year old
child, the person is only guilty of a class E felony.

In addition, under current law it is a B felony for anyone eighteen
years of age or over to engage in sexual conduct with a twelve or
eleven year old and for anyone criminally responsible to engage in
sexual conduct with a child ten years old or younger. However under
current law if someone aged eighteen years or older pays a fee to
engage in sexual conduct with a twelve or eleven year old child, the
person is only guilty of a class E felony. A person who pays a fee to


engage in sexual conduct with a child ten years old or younger is
only guilty of a class D felony.

Under current law a pimp or other person aiding a sixteen or seventeen
year old minor to engage in prostitution is guilty of a class D
felony. Current law makes this activity a class C felony for aiding
children fifteen or younger to engage in prostitution.

Under current law a person who by force or intimidation compels
someone fifteen years old or younger to engage in prostitution is
guilty of a class B felony.

JUSTIFICATION:

Current laws governing statutory rape of a minor child and
prostitution by a minor child are at odds. A minor child under the
age of eighteen who accepts money or other valuable consideration in
exchange for sex is treated just like an adult and charged as a
criminal. At the same time, the penal law makes it a crime to engage
in sex with a minor under the age of seventeen. Common sense dictates
that children, who as a matter of law are incapable of consent to
sexual intercourse or anal or oral sexual conduct are actually
victims of sexual abuse by virtue of their age. Testimony elicited at
a March 2007 Assembly Children and Family Committee sponsored
roundtable on sexually exploited children drew attention to this
anomaly in state law.

Individuals who engage in criminal sexual conduct with children should
not face lesser sentences because they paid for the criminal conduct.
Nor should pimps and other criminal sex abusers receive lesser
punishment because the minor being sold for sex or forced into such
activity is sixteen years old. Sixteen year olds are incapable of
consent to sexual conduct as it matter of law and are victims. They
deserve the same protections other minor children receive from pimps
and other criminal sex abusers.

In addition, the law should make distinctions between children who are
incapable of consent as a matter of law and others who can consent to
sexual conduct. At the same time, recognizing that the law should not
encourage minors under the age of seventeen to engage in sexual
conduct and that criminally culpable minors ought to bear some
responsibility for engaging in illegal activity, prostitution by
criminally culpable minors should continue to be proscribed by the
penal law.

In an effort to balance the twin goals of protecting children from
sexual exploitation at the hands of pimps and persons patronizing
these children as prostitutes and discouraging children from engaging
in sexual conduct for money or other valuable consideration, a
reduced penalty is proposed for minors, who are a matter of law are
incapable of consent to sexual conduct but who engage in this
activity in exchange for money or other valuable consideration.
Repeat offenders would be subject to the same penalties as under
current law.

LEGISLATIVE HISTORY:


2011:    S.116 - Discharged from Codes and Committed to Judiciary
2009-10: S.1986 Referred to Codes/A.3202 - Referred to Codes
2007-07: S.5455A - Advanced to Third Reading/A.7426A -
         Amended and Recommitted to Codes

FISCAL IMPLICATIONS:

None to the State.

LOCAL FISCAL IMPLICATIONS:

Some reduction in local incarceration and probation costs can be
expected. In addition a minor reduction in family court and juvenile
detention expenditures may occur.

EFFECTIVE DATE:

Ninety days next succeeding the day it shall have become a law.

S116A-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   116--A

                         2011-2012 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 5, 2011
                                 ___________

  Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
    printed to be committed to the Committee on Codes  --  recommitted  to
    the Committee on Judiciary in accordance with Senate Rule 6, sec. 8 --
    committee  discharged,  bill amended, ordered reprinted as amended and
    recommitted to said committee

  AN ACT to amend the penal law, the correction law, the  criminal  proce-
    dure  law,  the  civil rights law, the executive law, the family court
    act, the mental hygiene law, the multiple  dwelling  law,  the  public
    health  law,  the  real property actions and proceedings law, the real
    property law and the vehicle and traffic law, in relation to prostitu-
    tion offenses and creating the crime of sexual exploitation of a child

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    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:

  S 230.00 [Prostitution] CRIMINAL PROSTITUTION.
    A person is guilty of  CRIMINAL  prostitution  when,  BEING  SEVENTEEN
  YEARS  OLD OR MORE, such person engages or agrees or offers to engage in
  sexual conduct with another person in return for a fee.
    [Prostitution] CRIMINAL PROSTITUTION is a class B Misdemeanor.
    S 2. The penal law is amended by adding a new section 230.01  to  read
  as follows:

  S 230.01 UNLAWFUL PROSTITUTION.
    A  PERSON  IS  GUILTY  OF  UNLAWFUL PROSTITUTION WHEN, BEING LESS THAN
  SEVENTEEN YEARS OLD, SUCH PERSON ENGAGES OR AGREES OR OFFERS  TO  ENGAGE
  IN SEXUAL CONDUCT WITH ANOTHER PERSON IN RETURN FOR A FEE.
    UNLAWFUL  PROSTITUTION  IS  A  VIOLATION,  PROVIDED, HOWEVER, THAT ANY
  PERSON WHO HAS PREVIOUSLY BEEN CONVICTED OF  A  CRIME  DEFINED  IN  THIS
  ARTICLE  OR  SECTION  240.37  OF  THIS PART SHALL BE GUILTY OF A CLASS B
  MISDEMEANOR.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD02217-02-1

 S. 116--A                           2

    S 3. Sections 230.05 and 230.06 of the penal law, as added by  chapter
  627 of the laws of 1978, are amended to read as follows:

  S 230.05 Patronizing a prostitute in the second degree.
    A  person  is  guilty of patronizing a prostitute in the second degree
  when, being [over eighteen] TWENTY-ONE years of age OR MORE, he  patron-
  izes  a  prostitute  and  the  person patronized is less than [fourteen]
  SEVENTEEN years of age.
    Patronizing a prostitute in the second degree is a class E felony.
  S 230.06 Patronizing a prostitute in the first degree.
    A person is guilty of patronizing a prostitute  in  the  first  degree
  when,  BEING  EIGHTEEN  YEARS OF AGE OR MORE, he patronizes a prostitute
  and the person patronized is less than [eleven] FIFTEEN years of age.
    Patronizing a prostitute in the first degree is a class D felony.
    S 4. The penal law is amended by adding a new section 230.06-a to read
  as follows:

  S 230.06-A SEXUAL EXPLOITATION OF A CHILD.
    A PERSON IS GUILTY OF SEXUAL EXPLOITATION OF A CHILD WHEN:

    1. BEING EIGHTEEN YEARS OF AGE OR MORE HE PATRONIZES A PROSTITUTE  AND
  THE PERSON PATRONIZED IS LESS THAN THIRTEEN YEARS OF AGE; OR
    2.  HE  PATRONIZES A PROSTITUTE AND THE PERSON PATRONIZED IS LESS THAN
  ELEVEN YEARS OF AGE.
    SEXUAL EXPLOITATION OF A CHILD IS A CLASS B FELONY.
    S 5. Section 230.07 of the penal law, as amended by chapter 74 of  the
  laws of 2007, is amended to read as follows:

  S 230.07 Patronizing a prostitute; defense.
    In any prosecution for patronizing a prostitute in the first or second
  degrees  OR  SEXUAL  EXPLOITATION  OF  A CHILD, it is [a] AN AFFIRMATIVE
  defense that the defendant did not have reasonable  grounds  to  believe
  that the person was less than the age specified.
    S  6.  The  opening  paragraph  of  section 230.10 of the penal law is
  amended to read as follows:

    In any prosecution for SEXUAL EXPLOITATION OF A CHILD, prostitution or
  patronizing a prostitute, the sex of  the  two  parties  or  prospective
  parties  to  the sexual conduct engaged in, contemplated or solicited is
  immaterial, and it is no defense that:

    S 7. The penal law is amended by adding a new section 230.11  to  read
  as follows:

  S 230.11 PROSTITUTION; DEFENSE.
    IN ANY PROSECUTION FOR UNLAWFUL PROSTITUTION OR CRIMINAL PROSTITUTION,
  IT IS AN AFFIRMATIVE DEFENSE THAT THE DEFENDANT IS A VICTIM OF SEX TRAF-
  FICKING.
    S  8.  Subdivision 2 of section 230.30 of the penal law, as amended by
  chapter 627 of the laws of 1978, is amended to read as follows:

    2. Advances or  profits  from  prostitution  of  a  person  less  than
  [sixteen] SEVENTEEN years old.
    S  9.  Section 230.33 of the penal law, as added by chapter 450 of the
  laws of 2005, is amended to read as follows:

  S 230.33 Compelling prostitution.
    A person is guilty of compelling prostitution when,  being  twenty-one
  years  of  age  or  older,  he or she knowingly advances prostitution by
  compelling a person less than [sixteen] SEVENTEEN years old, by force or
  intimidation, to engage in prostitution.
    Compelling prostitution is a class B felony.
    S 10. Subdivision 2 of section 240.37 of the penal law,  as  added  by
  chapter 344 of the laws of 1976, is amended to read as follows:


 S. 116--A                           3

    2.  Any  person  who  remains  or  wanders about in a public place and
  repeatedly beckons to, or repeatedly stops, or  repeatedly  attempts  to
  stop,  or  repeatedly  attempts to engage passers-by in conversation, or
  repeatedly stops or attempts  to  stop  motor  vehicles,  or  repeatedly
  interferes  with  the  free passage of other persons, for the purpose of
  prostitution, or of patronizing a prostitute as those terms are  defined
  in  article two hundred thirty of [the penal law] THIS CHAPTER, shall be
  guilty of a violation and is guilty of a class  B  misdemeanor  if  such
  person  has  previously been convicted of a violation of this section or
  of [sections] SECTION 230.00, 230.01 or 230.05 of [the penal  law]  THIS
  PART.
    S  11.  Section  60.13  of the penal law, as added by chapter 7 of the
  laws of 2007, is amended to read as follows:

  S 60.13 Authorized dispositions; felony sex offenses.
    When a person is to be sentenced upon  a  conviction  for  any  felony
  defined in article one hundred thirty of this chapter, including a sexu-
  ally  motivated  felony, or patronizing a prostitute in the first degree
  as defined in section 230.06 of this chapter, SEXUAL EXPLOITATION  OF  A
  CHILD  AS  DEFINED  IN  SECTION  230.06-A OF THIS CHAPTER, incest in the
  second degree as defined in section 255.26 of this chapter, or incest in
  the first degree as defined in section 255.27  of  this  chapter,  or  a
  felony  attempt  or  conspiracy to commit any of these crimes, the court
  must sentence the defendant in accordance with the provisions of section
  70.80 of this title.
    S 12. Paragraph (a) of subdivision 1 of section  70.80  of  the  penal
  law,  as  added  by chapter 7 of the laws of 2007, is amended to read as
  follows:

    (a) For the purposes of this section, a "felony sex offense"  means  a
  conviction  of  any felony defined in article one hundred thirty of this
  chapter, including a sexually motivated felony, or patronizing a prosti-
  tute in the first degree as defined in section 230.06 of  this  chapter,
  incest  in  the second degree as defined in section 255.26 of this chap-
  ter, SEXUAL EXPLOITATION OF A CHILD AS DEFINED IN  SECTION  230.06-A  OF
  THIS CHAPTER, or incest in the first degree as defined in section 255.27
  of  this chapter, or a felony attempt or conspiracy to commit any of the
  above.
    S 13. Subparagraph (i) of paragraph (a) of subdivision  2  of  section
  168-a  of  the  correction law, as amended by chapter 405 of the laws of
  2008, is amended to read as follows:

    (i) a conviction of or a conviction for an attempt to  commit  any  of
  the  provisions  of  sections  120.70,  130.20,  130.25, 130.30, 130.40,
  130.45, 130.60, 230.34, 250.50, 255.25, 255.26 and 255.27 or article two
  hundred sixty-three of the penal law, or section 135.05, 135.10,  135.20
  or  135.25  of  such  law  relating to kidnapping offenses, provided the
  victim of such kidnapping or related  offense  is  less  than  seventeen
  years  old  and the offender is not the parent of the victim, or section
  230.04, where the person patronized is in fact less than seventeen years
  of age, 230.05 [or], 230.06 OR 230.06-A, or subdivision two  of  section
  230.30, or section 230.32 or 230.33 of the penal law, or
    S 14. Subdivision 2 of section 60.42 of the criminal procedure law, as
  added by chapter 230 of the laws of 1975, is amended to read as follows:

    2.  proves  or tends to prove that the victim has been convicted of an
  offense under section 230.00 OR 230.01 of the  penal  law  within  three
  years  prior to the sex offense which is the subject of the prosecution;
  or

 S. 116--A                           4

    S 15. Paragraph (d) of subdivision 1 of section 160.10 of the criminal
  procedure law, as amended by chapter 232 of the laws of 2010, is amended
  and a new paragraph (e) is added to read as follows:

    (d)    Loitering for the purpose of engaging in a prostitution offense
  as defined in subdivision two of section 240.37 of the penal law[.]; OR
    (E) UNLAWFUL PROSTITUTION AS DEFINED IN SECTION 230.01  OF  THE  PENAL
  LAW.
    S  16.  Subdivision 6 of section 380.50 of the criminal procedure law,
  as amended by chapter 320 of the laws of 2006, is  amended  to  read  as
  follows:

    6.  Regardless of whether the victim requests to make a statement with
  regard to the defendant's sentence, where the defendant is sentenced for
  a violent felony offense as defined in section 70.02 of the penal law or
  a felony defined in article one hundred twenty-five of such law  or  any
  of the following provisions of such law sections 130.25, 130.30, 130.40,
  130.45, 255.25, 255.26, 255.27, article two hundred sixty-three, 135.10,
  135.25,  230.05,  230.06, 230.06-A, subdivision two of section 230.30 or
  230.32, the prosecutor shall, within sixty days  of  the  imposition  of
  sentence,  provide  the victim with a form on which the victim may indi-
  cate a demand to be informed of any petition to change the name of  such
  defendant.    Such  forms  shall  be maintained by such prosecutor. Upon
  receipt of a notice of a petition to change the name of any such defend-
  ant, pursuant to subdivision two  of  section  sixty-two  of  the  civil
  rights  law, the prosecutor shall promptly notify the victim at the most
  current address or telephone number provided by such victim in the  most
  reasonable  and  expedient  possible  manner  of the time and place such
  petition will be presented to the court.
    S 17. Subdivision 2 of section 61 of the civil rights law, as  amended
  by  section 54 of subpart B of part C of chapter 62 of the laws of 2011,
  is amended to read as follows:

    2. If the petitioner stands convicted of a violent felony  offense  as
  defined in section 70.02 of the penal law or a felony defined in article
  one  hundred  twenty-five of such law or any of the following provisions
  of such law sections 130.25, 130.30,  130.40,  130.45,  255.25,  255.26,
  255.27, article two hundred sixty-three, 135.10, 135.25, 230.05, 230.06,
  230.06-A,  subdivision two of section 230.30 or 230.32, and is currently
  confined as an inmate in any correctional facility  or  currently  under
  the  supervision  of  the department of corrections and community super-
  vision or a county probation department as a result of such  conviction,
  the  petition  shall  for  each  such  conviction  specify  such  felony
  conviction, the date of such conviction or convictions, and the court in
  which such conviction or convictions were entered.
    S 18. Subdivision 2 of section 62 of the civil rights law, as  amended
  by  section 55 of subpart B of part C of chapter 62 of the laws of 2011,
  is amended to read as follows:

    2. If the petition be  to  change  the  name  of  a  person  currently
  confined  as  an  inmate in any correctional facility or currently under
  the supervision of the department of corrections  and  community  super-
  vision  or a county probation department as a result of a conviction for
  a violent felony offense as defined in section 70.02 of the penal law or
  a felony defined in article one hundred twenty-five of such law  or  any
  of the following provisions of such law sections 130.25, 130.30, 130.40,
  130.45, 255.25, 255.26, 255.27, article two hundred sixty-three, 135.10,
  135.25,  230.05,  230.06,  230.06-A subdivision two of section 230.30 or
  230.32, notice of the time and place when and where the petition will be
  presented shall be served, in like manner as a notice of a  motion  upon

 S. 116--A                           5

  an  attorney in an action, upon the district attorney of every county in
  which such person has been convicted of such felony and upon  the  court
  or  courts  in  which the sentence for such felony was entered. Unless a
  shorter  period  of  time  is ordered by the court, said notice shall be
  served upon each such district attorney and court  or  courts  not  less
  than  sixty  days prior to the date on which such petition is noticed to
  be heard.
    S 19. The closing paragraph of section 64 of the civil rights law,  as
  separately  amended by chapters 258, 320 and 481 of the laws of 2006, is
  amended to read as follows:

    Upon compliance with the order and the filing of the affidavit of  the
  publication,  as  provided  in  this  section, the clerk of the court in
  which the order has been entered shall certify that the order  has  been
  complied  with;  and,  if the petition states that the petitioner stands
  convicted of a violent felony offense as defined in section 70.02 of the
  penal law or a felony defined in article one hundred twenty-five of such
  law or any of the following provisions  of  such  law  sections  130.25,
  130.30,  130.40,  130.45,  255.25,  255.26,  255.27, article two hundred
  sixty-three, 135.10, 135.25, 230.05, 230.06, 230.06-A,  subdivision  two
  of  section  230.30  or  230.32,  such clerk (1) shall deliver, by first
  class mail, a copy of such certified order to the division  of  criminal
  justice  services at its office in the county of Albany and (2) upon the
  clerk of the court  reviewing  the  petitioner's  application  for  name
  change  and subsequent in-court inquiry, may, in the clerk's discretion,
  deliver, by first class mail, the petitioner's new name with such certi-
  fied order to the court of  competent  jurisdiction  which  imposed  the
  orders  of  support.    Such  certification shall appear on the original
  order and on any certified copy thereof and  shall  be  entered  in  the
  clerk's minutes of the proceeding.
    S  20.  Paragraph (d) of subdivision 7 of section 995 of the executive
  law, as amended by chapter 2 of the laws of 2006, is amended to read  as
  follows:

    (d)  any  of  the following felonies, or an attempt thereof where such
  attempt is a felony offense:

    aggravated assault upon a  person  less  than  eleven  years  old,  as
  defined  in  section  120.12  of  the  penal  law; menacing in the first
  degree, as defined in section 120.13 of the penal law;  reckless  endan-
  germent  in  the first degree, as defined in section 120.25 of the penal
  law; stalking in the second degree, as defined in section 120.55 of  the
  penal  law;  criminally negligent homicide, as defined in section 125.10
  of the penal law;  vehicular  manslaughter  in  the  second  degree,  as
  defined  in  section  125.12 of the penal law; vehicular manslaughter in
  the first degree, as  defined  in  section  125.13  of  the  penal  law;
  persistent  sexual abuse, as defined in section 130.53 of the penal law;
  aggravated sexual abuse in the fourth  degree,  as  defined  in  section
  130.65-a  of  the  penal  law;  female genital mutilation, as defined in
  section 130.85 of the penal law;  facilitating  a  sex  offense  with  a
  controlled  substance,  as  defined  in section 130.90 of the penal law;
  unlawful imprisonment in the first degree, as defined in section  135.10
  of the penal law; custodial interference in the first degree, as defined
  in  section  135.50  of  the  penal  law; criminal trespass in the first
  degree, as defined in section 140.17 of the penal law; criminal  tamper-
  ing  in the first degree, as defined in section 145.20 of the penal law;
  tampering with a consumer product in the first  degree,  as  defined  in
  section  145.45 of the penal law; robbery in the third degree as defined
  in section 160.05 of the penal law; identity theft in the second degree,

 S. 116--A                           6

  as defined in section 190.79 of the penal law;  identity  theft  in  the
  first  degree,  as defined in section 190.80 of the penal law; promoting
  prison contraband in the first degree, as defined in section  205.25  of
  the  penal law; tampering with a witness in the third degree, as defined
  in section 215.11 of the penal law; tampering  with  a  witness  in  the
  second  degree, as defined in section 215.12 of the penal law; tampering
  with a witness in the first degree, as defined in section 215.13 of  the
  penal law; criminal contempt in the first degree, as defined in subdivi-
  sions  (b),  (c)  and (d) of section 215.51 of the penal law; aggravated
  criminal contempt, as defined in section 215.52 of the penal  law;  bail
  jumping  in the second degree, as defined in section 215.56 of the penal
  law; bail jumping in the first degree, as defined in section  215.57  of
  the penal law; patronizing a prostitute in the second degree, as defined
  in  section  230.05  of  the  penal law; patronizing a prostitute in the
  first degree, as defined in section 230.06  of  the  penal  law;  SEXUAL
  EXPLOITATION  OF  A  CHILD,  AS DEFINED IN SECTION 230.06-A OF THE PENAL
  LAW; promoting prostitution in the second degree, as defined in  section
  230.30  of the penal law; promoting prostitution in the first degree, as
  defined in section 230.32 of the penal law; compelling prostitution,  as
  defined  in  section  230.33  of  the  penal law; disseminating indecent
  [materials] MATERIAL to minors in  the  second  degree,  as  defined  in
  section  235.21  of  the  penal  law; disseminating indecent [materials]
  MATERIAL to minors in the first degree, as defined in section 235.22  of
  the penal law; riot in the first degree, as defined in section 240.06 of
  the  penal  law;  criminal  anarchy, as defined in section 240.15 of the
  penal law; aggravated harassment of an employee by an inmate, as defined
  in section 240.32 of the penal law; unlawful surveillance in the  second
  degree, as defined in section 250.45 of the penal law; unlawful surveil-
  lance  in  the  first  degree, as defined in section 250.50 of the penal
  law; endangering the welfare of  a  vulnerable  elderly  person  in  the
  second  degree, as defined in section 260.32 of the penal law; endanger-
  ing the welfare of a vulnerable elderly person in the first  degree,  as
  defined  in  section 260.34 of the penal law; use of a child in a sexual
  performance, as defined in section 263.05 of the penal law; promoting an
  obscene sexual performance by a child, as defined in section  263.10  of
  the  penal  law; possessing an obscene sexual performance by a child, as
  defined in section 263.11 of the penal law; promoting a sexual  perform-
  ance by a child, as defined in section 263.15 of the penal law; possess-
  ing a sexual performance by a child, as defined in section 263.16 of the
  penal  law;  criminal  possession  of  a  weapon in the third degree, as
  defined in section 265.02 of the penal law; criminal sale of  a  firearm
  in  the  third  degree,  as  defined in section 265.11 of the penal law;
  criminal sale of a firearm to a minor, as defined in section  265.16  of
  the  penal  law;  unlawful wearing of a body vest, as defined in section
  270.20 of the penal law; hate crimes as defined in section 485.05 of the
  penal law; and crime of terrorism, as defined in section 490.25  of  the
  penal law; or
    S 21. Subdivision 2 of section 344.4 of the family court act, as added
  by chapter 761 of the laws of 1987, is amended to read as follows:

    2.  proves  or tends to prove that the victim has been convicted of an
  offense under section 230.00 OR 230.01 of the  penal  law  within  three
  years  prior  to  the  sex  offense which is the subject of the juvenile
  delinquency proceeding; or
    S 22. Subdivision (p) of section 10.03 of the mental hygiene  law,  as
  added by chapter 7 of the laws of 2007, is amended to read as follows:


 S. 116--A                           7

    (p)  "Sex  offense"  means an act or acts constituting: (1) any felony
  defined in article one hundred thirty of  the  penal  law,  including  a
  sexually  motivated  felony;  (2)  patronizing a prostitute in the first
  degree as defined in section 230.06 of the  penal  law,  incest  in  the
  second  degree  as  defined  in  section 255.26 of the penal law, SEXUAL
  EXPLOITATION OF A CHILD AS DEFINED IN SECTION 230.06-A OF THE PENAL LAW,
  or incest in the first degree as defined in section 255.27 of the  penal
  law;  (3)  a felony attempt or conspiracy to commit any of the foregoing
  offenses set forth in this subdivision; or (4) a designated  felony,  as
  defined  in  subdivision  (f) of this section, if sexually motivated and
  committed prior to the effective date of this article.
    S 23. Subdivision 2 of section 353 of the multiple  dwelling  law,  as
  amended  by  chapter  680  of  the  laws  of 1967, is amended to read as
  follows:

    2. If there be two or more convictions in such dwelling within a peri-
  od of six months, under sections 230.00, 230.01, 230.25,  or  230.40  of
  the penal law.
    S  24.  Subdivision  1  of  section  2302 of the public health law, as
  amended by chapter 680 of the laws  of  1967,  is  amended  to  read  as
  follows:

    1.  Every  person arrested charged with a violation of section 230.00,
  230.01 or 230.40 of the penal law, or arrested  for  failure  to  comply
  with  the  order of a judge or justice issued pursuant to the provisions
  of section two thousand three hundred one of this  [chapter]  TITLE,  or
  any person arrested for frequenting disorderly houses or houses of pros-
  titution,  shall  be  reported  within twenty-four hours by the court or
  magistrate before whom such person is arraigned to the health officer of
  the health district in which the alleged offense occurred, and shall  be
  examined in accordance with the provisions of section two thousand three
  hundred of this [chapter] TITLE.
    S  25.  Section 2324-a of the public health law, as amended by chapter
  260 of the laws of 1978, is amended to read as follows:

    S 2324-a. Presumptive evidence. For the purposes of this title, 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, 230.01,
  230.05, 230.20, 230.25 or 230.30 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.
    S  26.  Subdivision  2 of section 715 of the real property actions and
  proceedings law, as added by chapter 494 of the laws of 1976, is amended
  to read as follows:

    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, 230.01, 230.05, 230.20, 230.25, 230.30 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 subdi-
  vision  four  of  section  four  of  the  multiple dwelling law shall be
  presumptive evidence of conduct constituting use  of  the  premises  for
  purposes of prostitution.
    S  27.  Subdivision  3  of  section  231  of the real property law, as
  amended by chapter 203 of the laws  of  1980,  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

 S. 116--A                           8

  offenses  described  in  section 230.00, 230.01, 230.05, 230.20, 230.25,
  230.30, 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.
    S  28. Paragraph (c) of subdivision 4 of section 509-cc of the vehicle
  and traffic law, as amended by chapter 400  of  the  laws  of  2011,  is
  amended to read as follows:

    (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, 221.30, 221.50, 221.55, 230.00,
  230.01,  230.05,  230.06,  230.06-A,  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 aforesaid 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.
    S  29.  This act shall take effect on the ninetieth day after it shall
  have become a law.