Bill S2244-2013

Adds the prostitution of a child less than 17 by a parent, guardian or person charged with the custody of such child, to class B felony of promoting prostitution in the 1st degree

Includes within the class B felony of promoting prostitution in the first degree, the knowing advancement or profiting from the prostitution of a child less than 17 years old by such child's parent, guardian or other person charged with the custody and care of the child.

Details

Actions

  • Jan 8, 2014: REFERRED TO CODES
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • Mar 27, 2013: referred to codes
  • Mar 26, 2013: DELIVERED TO ASSEMBLY
  • Mar 26, 2013: PASSED SENATE
  • Mar 21, 2013: ADVANCED TO THIRD READING
  • Mar 20, 2013: 2ND REPORT CAL.
  • Mar 19, 2013: 1ST REPORT CAL.255
  • Jan 15, 2013: REFERRED TO CODES

Votes

VOTE: COMMITTEE VOTE: - Codes - Mar 19, 2013
Ayes (16): Nozzolio, Boyle, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, O'Mara, Smith, Squadron, Perkins, Espaillat, Hoylman, Sampson, O'Brien

Memo

BILL NUMBER:S2244

TITLE OF BILL: An act to amend the penal law, in relation to including within the offense of promoting prostitution in the first degree, the prostitution of a child by a parent, guardian or person charged with the care and custody of the child

PURPOSE: The purpose of this bill is to provide a more condign punishment for those who prostitute their children.

SUMMARY OF PROVISIONS:

Section one creates a class B felony when a parent or guardian, knowingly advances or profits from the prostitution of a child less than seventeen years of age he or she is charged with caring for.

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

EXISTING LAW: Currently, there is no statute that specifically addresses the prostitution of a child by a parent or guardian. Current offenses of promoting child prostitution range from class D to class B felonies.

JUSTIFICATION: Recent cases in New York have indicated a need to address the promoting of child prostitution by parents. Perpetrators of these despicable acts should be treated appropriately, ensuring they are unable to have access to the children they exploited.

Penalties for child prostitution offenses remain largely the same as when they were when first defined in 1978. These penalties do not adequately reflect the seriousness of crimes involving the prostitution of our children, particularly when the perpetrator is the parent or legal guardian of the child.

LEGISLATIVE HISTORY: 2007-2008: S.5879 - Referred to Codes 2009-2010: S.2114 - Referred to Codes S.1991 of 2011 - Passed Senate 03/05/12

FISCAL IMPLICATIONS: None.

LOCAL FISCAL IMPLICATIONS:

EFFECTIVE DATE: This act shall take effect on the first of November after it shall have become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 2244 2013-2014 Regular Sessions IN SENATE January 15, 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 including within the offense of promoting prostitution in the first degree, the prostitu- tion of a child by a parent, guardian or person charged with the care and custody of the child THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 230.32 of the penal law, as added by chapter 627 of the laws of 1978, is amended to read as follows: S 230.32 Promoting prostitution in the first degree. A person is guilty of promoting prostitution in the first degree when [he]: 1. HE OR SHE knowingly advances or profits from prostitution of a [person] CHILD less than eleven years old[.]; OR 2. BEING THE PARENT, GUARDIAN OR OTHER PERSON LEGALLY CHARGED WITH THE CARE AND CUSTODY OF A CHILD LESS THAN SEVENTEEN YEARS OLD, HE OR SHE KNOWINGLY ADVANCES OR PROFITS FROM PROSTITUTION OF SUCH CHILD. Promoting prostitution in the first degree is a class B felony. S 2. 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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