Establishes an affirmative defense against patronizing a prostitute.

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S618-2011 Actions

• Jun 22, 2012: referred to codes
• Jun 21, 2012: DELIVERED TO ASSEMBLY
• Jun 21, 2012: PASSED SENATE
• Jun 21, 2012: ORDERED TO THIRD READING CAL.1524
• Jun 21, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Jan 4, 2012: REFERRED TO CODES
• Jan 5, 2011: REFERRED TO CODES

S618-2011 Meetings

Rules: Jun 21, 2012

S618-2011 Calendars

Floor Calendar: Jun 21, 2012

S618-2011 Votes

S618-2011 Memo

BILL NUMBER:S618

TITLE OF BILL:
An act
to amend the penal law, in relation to defenses against patronizing a
prostitute

PURPOSE OR GENERAL IDEA OF BILL:
To shift the burden of proof to those
who commit the crime of either patronizing a prostitute in the first
degree or second degree by making it an affirmative defense that the
defendant did not reasonably believe that the person patronized was
less than the age specified in current law.

CURRENT LAW:
Section 230.07 of the penal law provides that it is a
defense to the crime of patronizing a prostitute in the first or
second degree that the defendant did not have reasonable grounds to
believe that the person patronized was less than the age specified
for such crimes.

SUMMARY OF SPECIFIC PROVISIONS:
Section one amends section 230.07 of
the penal law, as amended by chapter 74 of the laws of 2007, by
providing that it shall be an affirmative defense to the crime of
patronizing a prostitute in the, first or second degree that the
defendant did not have reasonable grounds to believe that the person
patronized was less than the age specified for such crimes.

Section two provides the effective date.

JUSTIFICATION:
Currently, it is a defense to the crime of patronizing
a prostitute in either the first or second degree that the defendant
did not have reasonable grounds to believe that the person was less
than the age specified. It is a valid defense if a defendant merely
asserts that there was no reasonable way to know that the person
patronized was younger than fourteen years old. In such cases, the
prosecutor has the burden of proving that the defendant did have
reasonable grounds to believe that the person patronized was younger
than the age specified in statute.

This legislation will change the current law by shifting the burden of
proof onto the defendant. The defendant will have to prove that he or
she did not have reasonable grounds to believe that the person
patronized was younger than fourteen years old. The intention of this
legislation is to create a system that will make it more difficult
for people to patronize child prostitutes.

PRIOR LEGISLATIVE HISTORY:
2010 - Referred to Codes; Passed Senate S.8109

FISCAL IMPLICATION:
None.


EFFECTIVE DATE:
This act shall take effect immediately.

S618-2011 Text

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

                                     618

                         2011-2012 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 5, 2011
                                 ___________

  Introduced  by  Sen.  KLEIN  -- 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 defenses against patroniz-
    ing a prostitute

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


    Section  1.  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, 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 2. This act shall take effect immediately.






   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD00764-01-1