S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 2983                                                  A. 2342
 
                        2017-2018 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             January 18, 2017
                                ___________
 
 IN SENATE -- Introduced by Sens. GOLDEN, YOUNG -- read twice and ordered
   printed, and when printed to be committed to the Committee on Codes
 
 IN  ASSEMBLY  --  Introduced  by  M.  of A. MALLIOTAKIS -- read once and
   referred 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, paragraphs (a) and  (c)  as  amended  by
 chapter  368  of the laws of 2015, paragraph (b) as amended by chapter 1
 of the laws of 2013, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04239-02-7

 S. 2983                             2                            A. 2342
 
 defined  in  section  150.15,  robbery in the first degree as defined in
 section 160.15, sex trafficking as defined in paragraphs (a) and (b)  of
 subdivision  five  of  section  230.34,  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  PERSON  FOR PROSTITUTION 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  profes-
 sional  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, aggravated criminal possession of a weapon as defined in section
 265.19,  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 crimi-
 nal 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, labor trafficking as defined in
 paragraphs (a) and (b) of subdivision three of section 135.35, PATRONIZ-
 ING A PERSON FOR PROSTITUTION IN THE SECOND DEGREE AS DEFINED IN SECTION
 230.05, PROMOTING PROSTITUTION IN THE THIRD DEGREE AS DEFINED IN  SUBDI-
 VISION  TWO  OF  SECTION  230.25, criminal possession of a weapon in the

 S. 2983                             3                            A. 2342
 
 third degree as defined in subdivision five, six, seven, eight, nine  or
 ten 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 PERSON FOR PROSTITUTION 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  hazardous  substance  in  the  second  degree  as defined in section
 240.61.
   § 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.
   §  3.  The  closing  paragraph  of section 230.04 of the penal law, as
 amended by chapter 368 of the laws  of  2015,  is  amended  to  read  as
 follows:
   Patronizing  a  person for prostitution in the third degree is a class
 [A misdemeanor] E FELONY.
   § 4. The closing paragraph of section 230.05  of  the  penal  law,  as
 amended  by  chapter  368  of  the  laws  of 2015, is amended to read as
 follows:
   Patronizing a person for prostitution in the second degree is a  class
 [E] D felony.
   §  5.  The  closing  paragraph  of section 230.06 of the penal law, as
 amended by chapter 368 of the laws  of  2015,  is  amended  to  read  as
 follows:
   Patronizing  a  person for prostitution in the first degree is a class
 [D] C felony.
   § 6. Section 230.40 of the penal law, the opening paragraph as amended
 by chapter 368 of the laws of 2015, is amended to read as follows:
 § 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 or vehicle which he or
 she knows are being used for prostitution purposes or for the purpose of
 advancing prostitution, he or she fails to  make  reasonable  effort  to
 halt or abate such use.

 S. 2983                             4                            A. 2342
 
   Permitting  prostitution  IN THE SECOND DEGREE is a class [B] A misde-
 meanor.
   §  7.  The penal law is amended by adding a new section 230.45 to read
 as follows:
 § 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.
   § 8. Subparagraph (i) of paragraph (a) of  subdivision  2  of  section
 168-a  of  the  correction law, as amended by chapter 368 of the laws of
 2015, 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
 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,  230.06,  230.11,  230.12,  230.13,
 subdivision  two of section 230.30, section 230.32, 230.33, [or] 230.34,
 OR 230.45 of the penal law, or section 230.25 of the penal law where the
 person prostituted is in fact less than seventeen years old, or
   § 9. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.