This bill has been amended

Bill S2172-2013

Elevates severity of patronizing a prostitute and permitting prostitution, and makes certain provisions of promoting prostitution violent felonies

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

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  • Jan 14, 2013: REFERRED TO CODES

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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 prostitution 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 prostitution 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 prostitute in the first degree as a D felony. Current law prohibits permitting prostitution, but does not distinguish between permitting the prostitution of children under 17 and adults. The current crime of permitting prostitution is a Class H misdemeanor; permitting prostitution 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 appropriately 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.


Text

STATE OF NEW YORK ________________________________________________________________________ 2172 2013-2014 Regular Sessions IN 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,
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
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:
(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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