Establishes the crime of patronizing a prostitute in a school zone and includes daycare facilities within the definition of a school zone.
Ayes (60): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Ranzenhofer, Ritchie, Rivera, Robach, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Nays (2): Montgomery, Perkins
Excused (1): Sampson
TITLE OF BILL: An act to amend the penal law, in relation to establishing the crime of patronizing a prostitute in a school zone and including daycare facilities within the definition of a school zone
PURPOSE OR GENERAL IDEA OF BILL: Establishes criminal sanctions for patronizing a prostitute in a school zone and includes daycare facilities in the definition of a school zone.
SUMMARY OF SPECIFIC PROVISIONS: Section 1. Amends the Penal Law by adding a new section 230.06-a. Creates the crime of patronizing a prostitute in a school zone. Provides that any person guilty of such crime shall be guilty of a class D felony.
Section 2. Amends subdivision 2 of section 230.03 of the Penal Law. Adds daycare facilities to the definition of a school zone.
Section 3. Effective Date
EXISTING LAW: Chapter 191 of the Laws of 2011; Prostitution in a school zone is a class A misdemeanor and promoting prostitution in a school zone is a class E felony.
JUSTIFICATION: This bill strengthens current statute by establishing patronizing a prostitute in a school zone as a class D felony. Additionally, in order to protect children who attend daycare, daycare facilities have been included in the definition of a school zone.
PRIOR LEGISLATIVE HISTORY: 2012: S.7858 - Referred to Rules
FISCAL IMPLICATIONS: None to State.
EFFECTIVE DATE: On the first of November next succeeding the date on which it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 20 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. DIAZ -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to establishing the crime of patronizing a prostitute in a school zone and including daycare facil- ities within the definition of a school zone THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The penal law is amended by adding a new section 230.06-a to read as follows: S 230.06-A PATRONIZING A PROSTITUTE IN A SCHOOL ZONE. A PERSON IS GUILTY OF PATRONIZING A PROSTITUTE IN A SCHOOL ZONE WHEN SUCH PERSON PATRONIZES A PROSTITUTE IN A SCHOOL ZONE AS DEFINED IN SUBDIVISION TWO OF SECTION 230.03 OF THIS ARTICLE. PATRONIZING A PROSTITUTE IN A SCHOOL ZONE IS A CLASS D FELONY. S 2. Subdivision 2 of section 230.03 of the penal law, as added by chapter 191 of the laws of 2011, is amended to read as follows: 2. For the purposes of this section and section 230.19 of this arti- cle, "school zone" means (a) in or on or within any building, structure, athletic playing field, playground or land contained within the real property boundary line of a public or private elementary, parochial, intermediate, junior high, vocational, or high school, OR DAYCARE FACIL- ITY, or (b) any public sidewalk, street, parking lot, park, playground or private land, located immediately adjacent to the boundary line of such school OR FACILITY. S 3. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00987-01-3