NY State Senate Bill 2009-S2774

Senate Bill S2774

2009-2010 Legislative Session

Relates to prostitution offenses; creates the new crimes of unlawful prostitution and sexual exploitation of a child

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to codes
Mar 02, 2009	referred to codes

co-Sponsors

View additional co-sponsors

2009-S2774 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd Pen L, generally; amd §168-a, Cor L; amd §§60.42, 160.10 & 380.50, CP L; amd §§61, 62 & 64, Civ Rts L; amd §995, Exec L; amd §344.4, Fam Ct Act; amd §10.03, Ment Hyg L; amd §353, Mult Dwell L; amd §§2302 & 2324-a, Pub Health L; amd §715, RPAP L; amd §231, RP L; amd §509-cc, V & T L

2009-S2774 (ACTIVE) - Summary

Relates to prostitution offenses; creates the new crimes of unlawful prostitution and sexual exploitation of a child.

2009-S2774 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2774

 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 of the bill defines the crime of 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 of the bill 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 of the bill 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 of the bill 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 of the bill would shift 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 of the bill provides an affirmative defense for a victim of
sex trafficking to a charge of unlawful prostitution or criminal
prostitution.

Section 8 of this bill would increase the. penalty for a person who
advances or profits from prostitution of a sixteen year old minor.
Section 9 of this bill would increase the penalty for a person who by
force or intimidation compels a sixteen year old minor to engage in
prostitution.

Section 15 of this bill provides that unlawful prostitution is a
fingerprintable offense.

 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 0 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 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. Recent 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 a 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 :

2007-08:  S.5455-A/A.7426-A

 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.

2009-S2774 (ACTIVE) - Bill Text download pdf

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

                                  2774

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              March 2, 2009
                               ___________

Introduced  by  Sens.  VOLKER,  DeFRANCISCO,  O. JOHNSON, LANZA, LIBOUS,
  MORAHAN, PADAVAN -- read twice and ordered printed, and  when  printed
  to be committed to the Committee on Codes

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.
  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05578-02-9

S. 2774                             2

  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:
  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

S. 2774                             3

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
CHAPTER.
  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 15. Paragraph (e) of subdivision 1 of section 160.10 of the criminal
procedure  law,  as added by chapter 344 of the laws of 1976, is amended
and a new paragraph (f) is added to read as follows:
  (e)  Loitering for the purpose of engaging in a  prostitution  offense
as defined in subdivision two of section 240.37 of the penal law[.]; OR

S. 2774                             4

  (F)  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 chapter 320 of the laws of 2006, 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 state division of parole 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 chapter 320 of the laws of 2006, 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 state division of parole 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 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. 2774                             5

  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,
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

S. 2774                             6

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:
  (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

S. 2774                             7

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, or any person
arrested  for  frequenting  disorderly houses or houses of prostitution,
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.
  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
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. 2774                             8

  S  28. Paragraph (c) of subdivision 4 of section 509-cc of the vehicle
and traffic law, as amended by chapter 345  of  the  laws  of  2007,  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,  125.13,  125.14,
125.40,  125.45, 130.20, 130.25, 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, 221.30, 221.50, 221.55, 230.00, 230.01, 230.05,
230.06,  230.06-A,  230.20,  230.25,  230.30,  230.32,  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 afor-
esaid  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 first of November next
succeeding the date on which it shall have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S2774

Share this bill

Sponsored By

Dale M. Volker

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

John A. DeFrancisco

Owen H. Johnson

Andrew J. Lanza

Tom Libous

2009-S2774 (ACTIVE) - Details

2009-S2774 (ACTIVE) - Summary

2009-S2774 (ACTIVE) - Sponsor Memo

2009-S2774 (ACTIVE) - Bill Text download pdf

Comments