S2172-2013 Actions

• Feb 11, 2013: PRINT NUMBER 2172A
• Feb 11, 2013: AMEND AND RECOMMIT TO CODES
• Jan 14, 2013: REFERRED TO CODES

S2172-2013 Memo

BILL NUMBER:S2172                REVISED 1/18/13

TITLE  OF BILL:  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 pros-
titution  in  the  first degree as a sex offense for the purposes of the
sex offender registration act

PURPOSE:  To increase the penalties for prostitution offenses  involving
children.

SUMMARY OF PROVISIONS:

Section  one  of  the  bill  amends section 70.02(a) of the Penal Law to
designate as a Class B violent felony offense  the  crime  of  promoting
prostitution  in  the first degree. This section secondly amends Section
70.02(b) to designate as Class C violent felony offenses the  crimes  of
patronizing  a prostitute in the first degree and promoting prostitution
in the second degree. Third,  this  section  amends  Penal  Law  Section
70.02(c)  to designate as a Class D violent felony offense the crimes of
patronizing a prostitute in the second degree and promoting prostitution
in the third degree. Finally, this  section  amends  Penal  Law  Section
70.02(d)  to  designate as a Class D violent felony offense the crime of
patronizing a prostitute in the third degree.

Section two makes a conforming amendment to reflect changes made by this
bill.

Section three reclassifies the crime of patronizing a prostitute in  the
third degree from a class A misdemeanor to a class E felony.

Section  four  reclassifies the crime of patronizing a prostitute in the
second degree from a class E felony to a class D felony.

Section five reclassifies the crime of patronizing a prostitute  in  the
first degree from a class D felony to a class C felony.

Section  six  raises the current crime of permitting prostitution from a
class B misdemeanor to a  class  A  misdemeanor  and  redesignates  this
offense as permitting prostitution in the second degree.

Section seven creates a new class E felony of permitting prostitution in
the  first degree, which is deemed to occur when a person has possession
or control of a premises which he or she knows are being used fox  pros-
titution purposes including the prostitution of a child.

Section  eight amends provisions of the Sexual Offender Registration Act
to require registration as a sex offender of those persons convicted  of
the new felony of permitting prostitution in the first degree.

Section  nine  establishes  the effective date of this law as November 1
after the bill becomes law.

EXISTING LAW:  The crimes of promoting prostitution in the first degree,
patronizing a prostitute in the first degree, and promoting prostitution
in  the  second  degree are not designated as violent felony offenses in
Section 70.02 of the Penal Law. Current law also designates  patronizing
a prostitute in the third degree as a Class A misdemeanor, patronizing a
prostitute  in the second degree as an E felony, and patronizing a pros-
titute in the first degree as a D felony. Current law prohibits  permit-
ting prostitution, but does not distinguish between permitting the pros-
titution  of  children  under  17  and  adults.  The  current  crime  of
permitting prostitution is a Class H misdemeanor;  permitting  prostitu-
tion in the first degree as defined in this bill is a Class E felony.

JUSTIFICATION:    The  NYS Division of Criminal Justice Services reports
that arrests for sex offenses against children have risen in every  year
since  1999.    In  2000, New York enacted the Sexual Assault Reform Act
which increased penalties for sex offenses and  revised  definitions  of
sex  offense  crimes. However, no changes were made to the penalties for
or the definitions of the offenses regarding prostitution, penalties for
prostitution offenses remain the same as they were when first defined in
1978 and do not adequately reflect the seriousness of  crimes  involving
the  prostitution  of  children.  Increases  in  penalties are needed to
assure that persons that are convicted of these offenses will be  appro-
priately punished and then supervised so that children will be protected
from the risk of further offenses by these persons.

These  penalties  do  not  adequately  reflect the seriousness of crimes
involving the prostitution of our children. Increases in  penalties  are
needed  to assure that persons that are convicted of these offenses will
be appropriately punished and then supervised so that children  will  be
protected from the risk of further offenses by these persons.

LEGISLATIVE HISTORY:

S.644  of  2012  -  Referred to Codes S.1569 of 2010 - Referred to Codes
S.320A of 2008 - Passed Senate S.6559 of 2006 - Passed Senate

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:  November 1 after the bill becomes law.

S2172-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2172
 2013-2014 Regular Sessions
 I N  SENATE
 January 14, 2013
 
 Introduced  by  Sen.  GOLDEN -- 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  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:

 

Section  1.  Paragraphs  (a),  (b),  (c)  and  (d) of subdivision 1 of
 section 70.02 of the penal law, paragraph (a) as amended by chapter  320
 of the laws of 2006, paragraph (b) as amended by chapter 148 of the laws
 of 2011, paragraph (c) as amended by chapter 405 of the laws of 2010 and
 paragraph  (d)  as amended by chapter 7 of the laws of 2007, are amended
 to read as follows:

 (a) Class B violent felony offenses: an attempt to  commit  the  class
 A-I  felonies  of  murder  in  the  second  degree as defined in section
 125.25, kidnapping in the first degree as defined in section 135.25, and
 arson in the first degree as defined in section 150.20; manslaughter  in
 the  first  degree as defined in section 125.20, aggravated manslaughter
 in the first degree as defined in section  125.22,  rape  in  the  first
 degree  as  defined  in section 130.35, criminal sexual act in the first
 degree as defined in section 130.50,  aggravated  sexual  abuse  in  the
 first  degree  as  defined  in  section 130.70, course of sexual conduct
 against a child in the first degree as  defined  in  section  130.75[;],
 PROMOTING PROSTITUTION IN THE FIRST DEGREE AS DEFINED IN SECTION 230.32,
 assault  in the first degree as defined in section 120.10, kidnapping in
 the second degree as defined in section 135.20, burglary  in  the  first
 degree  as  defined  in  section  140.30,  arson in the second degree as
 defined in section 150.15, robbery in the first  degree  as  defined  in
 section 160.15, incest in the first degree as defined in section 255.27,
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04003-01-3
 
       S. 2172                             2
 criminal  possession  of  a  weapon  in  the  first degree as defined in
 section 265.04, criminal use of a firearm in the first degree as defined
 in section 265.09, criminal sale of a firearm in  the  first  degree  as
 defined in section 265.13, aggravated assault upon a police officer or a
 peace  officer  as  defined in section 120.11, gang assault in the first
 degree as defined in section 120.07, intimidating a victim or witness in
 the first degree as defined in section 215.17, hindering prosecution  of
 terrorism  in  the  first  degree as defined in section 490.35, criminal
 possession of a chemical weapon  or  biological  weapon  in  the  second
 degree  as  defined  in  section  490.40, and criminal use of a chemical
 weapon or biological weapon in the third degree as  defined  in  section
 490.47.
 (b)  Class  C violent felony offenses: an attempt to commit any of the
 class B felonies set forth in paragraph (a) of this subdivision;  aggra
 vated criminally negligent homicide as defined in section 125.11, aggra
 vated  manslaughter  in  the second degree as defined in section 125.21,
 aggravated sexual abuse in the  second  degree  as  defined  in  section
 130.67,  PATRONIZING  A  PROSTITUTE  IN  THE  FIRST DEGREE AS DEFINED IN
 SECTION 230.06, PROMOTING PROSTITUTION IN THE SECOND DEGREE  AS  DEFINED
 IN SUBDIVISION TWO OF SECTION 230.30, assault on a peace officer, police
 officer,  fireman  or emergency medical services professional as defined
 in section 120.08, assault on a judge as defined in section 120.09, gang
 assault in the second degree as defined in section 120.06, strangulation
 in the first degree as defined in section 121.13, burglary in the second
 degree as defined in section 140.25, robbery in  the  second  degree  as
 defined in section 160.10, criminal possession of a weapon in the second
 degree  as  defined  in section 265.03, criminal use of a firearm in the
 second degree as defined in section 265.08, criminal sale of  a  firearm
 in  the  second  degree as defined in section 265.12, criminal sale of a
 firearm with the aid of a minor as defined in section 265.14, soliciting
 or providing support for an act of terrorism  in  the  first  degree  as
 defined  in  section  490.15,  hindering prosecution of terrorism in the
 second degree as defined in section 490.30, and criminal possession of a
 chemical weapon or biological weapon in the third degree as  defined  in
 section 490.37.
 (c)  Class  D violent felony offenses: an attempt to commit any of the
 class C felonies set forth in paragraph (b); reckless assault of a child
 as defined in section 120.02, assault in the second degree as defined in
 section 120.05, menacing a police officer or peace officer as defined in
 section 120.18, stalking in the first degree, as defined in  subdivision
 one  of section 120.60, strangulation in the second degree as defined in
 section 121.12, rape in the second degree as defined in section  130.30,
 criminal  sexual  act in the second degree as defined in section 130.45,
 sexual abuse in the first degree as defined in section 130.65, course of
 sexual conduct against a child  in  the  second  degree  as  defined  in
 section  130.80,  aggravated sexual abuse in the third degree as defined
 in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
 substance  as defined in section 130.90, PATRONIZING A PROSTITUTE IN THE
 SECOND DEGREE AS DEFINED IN SECTION 230.05,  PROMOTING  PROSTITUTION  IN
 THE THIRD DEGREE AS DEFINED IN SUBDIVISION TWO OF SECTION 230.25, crimi
 nal possession of a weapon in the third degree as defined in subdivision
 five,  six, seven or eight of section 265.02, criminal sale of a firearm
 in the third degree as defined in section 265.11, intimidating a  victim
 or witness in the second degree as defined in section 215.16, soliciting
 or  providing  support  for  an act of terrorism in the second degree as
 defined in section 490.10, and making a terroristic threat as defined in
 
       S. 2172                             3
 section 490.20, falsely reporting an incident in  the  first  degree  as
 defined  in  section 240.60, placing a false bomb or hazardous substance
 in the first degree as defined in section 240.62, placing a  false  bomb
 or hazardous substance in a sports stadium or arena, mass transportation
 facility  or  enclosed  shopping  mall as defined in section 240.63, and
 aggravated unpermitted use of indoor pyrotechnics in the first degree as
 defined in section 405.18.
 (d) Class E violent felony offenses: an attempt to commit any  of  the
 felonies  of  criminal  possession  of  a  weapon in the third degree as
 defined in subdivision five, six, seven or eight of section 265.02 as  a
 lesser  included offense of that section as defined in section 220.20 of
 the criminal procedure  law,  persistent  sexual  abuse  as  defined  in
 section  130.53, aggravated sexual abuse in the fourth degree as defined
 in section 130.65-a, PATRONIZING A PROSTITUTE IN  THE  THIRD  DEGREE  AS
 DEFINED  IN  SECTION 230.04, falsely reporting an incident in the second
 degree as defined in section 240.55 and placing a false bomb or  hazard
 ous substance in the second degree as defined in section 240.61.
 

S  2.  Subdivision  5 of section 60.05 of the penal law, as amended by
 chapter 405 of the laws of 2010, is amended to read as follows:

 5. Certain class D felonies. Except as provided in subdivision six  of
 this  section, every person convicted of the class D felonies of assault
 in the second degree as defined in section 120.05, strangulation in  the
 second degree as defined in section 121.12 [or attempt to commit a class
 C  felony  as  defined  in  section  230.30  of  this  chapter,] must be
 sentenced in accordance with section 70.00 or 85.00 of this title.
 

S 3. The closing paragraph of section 230.04  of  the  penal  law,  as
 amended  by  chapter  74  of  the  laws  of  2007, is amended to read as
 follows:

 Patronizing a prostitute in the third degree is a class  [A  misdemea-
 nor] E FELONY.
 

S  4.  The  closing  paragraph  of section 230.05 of the penal law, as
 added by chapter 627 of the laws of 1978, is amended to read as follows:

 Patronizing a prostitute in the second degree is a class [E] D felony.
 

S 5. The closing paragraph of section 230.06  of  the  penal  law,  as
 added by chapter 627 of the laws of 1978, is amended to read as follows:

 Patronizing a prostitute in the first degree is a class [D] C felony.
 

S 6.

Section 230.40 of the penal law is amended to read as follows:

 

S 230.40 Permitting prostitution IN THE SECOND DEGREE.
 A  person  is  guilty  of permitting prostitution IN THE SECOND DEGREE
 when, having possession or control of premises which he OR SHE knows are
 being used for prostitution purposes, he OR SHE fails to make reasonable
 effort to halt or abate such use.
 Permitting prostitution IN THE SECOND DEGREE is a class [B]  A  misde
 meanor.
 

S  7.  The penal law is amended by adding a new section 230.45 to read
 as follows:

 

S 230.45 PERMITTING PROSTITUTION IN THE FIRST DEGREE.
 A PERSON IS GUILTY OF PERMITTING PROSTITUTION IN THE FIRST DEGREE WHEN
 HAVING POSSESSION OR CONTROL OF PREMISES WHICH HE OR SHE KNOWS ARE BEING
 USED FOR PROSTITUTION PURPOSES INCLUDING THE  PROSTITUTION  OF  A  CHILD
 LESS  THAN  SEVENTEEN  YEARS  OF AGE, HE OR SHE FAILS TO MAKE REASONABLE
 EFFORT TO HALT OR ABATE SUCH USE.
 PERMITTING PROSTITUTION IN THE FIRST DEGREE IS A CLASS E FELONY.
 

S 8. 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:

 
       S. 2172                             4
 (i) a conviction of or a conviction for an attempt to commit  any  [of
 the  provisions] PROVISION of [sections] SECTION 120.70, 130.20, 130.25,
 130.30, 130.40, 130.45, 130.60, 230.34, 250.50, 255.25, 255.26 [and]  OR
 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 subdivision two of
 section 230.30 [or] section 230.32 [or], 230.33 OR 230.45 of  the  penal
 law, or
 

S 9. This act shall take effect on the first of November next succeed
 ing the date on which it shall have become a law.

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