S306A-2011 Actions

• Jan 5, 2012: PRINT NUMBER 306A
• Jan 5, 2012: AMEND AND RECOMMIT TO CRIME VICTIMS, CRIME AND CORRECTION
• Jan 4, 2012: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
• Mar 31, 2011: COMMITTEE DISCHARGED AND COMMITTED TO CRIME VICTIMS, CRIME AND CORRECTION
• Feb 22, 2011: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
• Jan 5, 2011: REFERRED TO CODES

S306A-2011 Memo

BILL NUMBER:S306

TITLE OF BILL:
An act
to amend the penal law, in relation to the promotion of prostitution

PURPOSE OR GENERAL IDEA OF BILL:
Increases promoting prostitution in the fourth degree from a class A
misdemeanor to a class E felony.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Amends section 230.15 of the Penal Law. Adds a
new subdivision 3.
Provides that a person "promotes prostitution" when he or she
knowingly, issues, gives, mails, distributes or transmits any written
material or electronic communication which advertises the provision
of sexual conduct in return for a fee.

Section 2. Amends Section 230.20 of the Penal Law. Provides that a
person is guilty of promoting prostitution in the fourth degree when
he or she knowingly advances, promotes or profits from such act
promoting prostitution in the fourth degree. Increases the penalty
from a class A misdemeanor to a class E felony.

Section 3. Effective Date

EXISTING LAW:
Article 230 of the Penal Law establishes offenses for
prostitution.

JUSTIFICATION:
This legislation would create a harsher punishment for anyone who
promotes prostitution via mail, written material, electronic
communication, video or any other means. The rampant behavior of
promoting prostitution particularly in densely populated areas must
be punished strongly; thus, the E felony classification.

PRIOR LEGISLATIVE HISTORY:
2010: S.2212 - Referred to Codes/A.264 - Enacting Clause
Stricken/A.10747 Referred to Codes
2009: S.2212 - Referred to Codes/A.264 -Referred to Codes

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding
the date in which it shall have become a law.

S306A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 306--A
 2011-2012 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 5, 2011
 
 Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
 printed to be committed to the Committee on Codes  --  recommitted  to
 the  Committee  on  Crime  Victims, Crime and Correction in accordance
 with Senate Rule 6, sec. 8  --  committee  discharged,  bill  amended,
 ordered reprinted as amended and recommitted to said committee
 

AN ACT to amend the penal law, in relation to the promotion of prostitu
 tion
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1.

Section 230.15 of the penal law is amended by adding a  new
 subdivision 3 to read as follows:

 3. "PROMOTE PROSTITUTION." A PERSON "PROMOTES PROSTITUTION" WHEN HE OR
 SHE  KNOWINGLY, ISSUES, GIVES, MAILS, DISTRIBUTES OR TRANSMITS ANY WRIT
 TEN  MATERIAL OR ELECTRONIC COMMUNICATION WHICH ADVERTISES THE PROVISION
 OF SEXUAL CONDUCT IN RETURN FOR A FEE.
 

S 2.

Section 230.20 of the penal law, as amended by chapter 215 of the
 laws of 2011, is amended to read as follows:

 

S 230.20 Promoting prostitution in the fourth degree.
 A person is guilty of promoting prostitution in the fourth degree when
 he or she knowingly:

 1. Advances, PROMOTES or profits from prostitution; or
 2. With intent  to  advance,  PROMOTE  or  profit  from  prostitution,
 distributes  or  disseminates  to  ten  or more people in a public place
 obscene material, as such terms are defined by subdivisions one and  two
 of  section  235.00  of  this title, or material that depicts nudity, as
 such term is defined by subdivision one of section 245.10 of this part.
 Promoting prostitution in the fourth degree is a class [A misdemeanor]
 E FELONY.
 

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.
 LBD01864-02-1

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