STATE OF NEW YORK
________________________________________________________________________
4396
2023-2024 Regular Sessions
IN SENATE
February 8, 2023
___________
Introduced by Sens. SALAZAR, BRISPORT, CLEARE, GONZALEZ, JACKSON, MYRIE,
RAMOS, RIVERA, SEPULVEDA -- 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 decriminalizing sex work;
and to repeal certain provisions of such law relating to prostitution
(Part A); to amend the criminal procedure law and the civil practice
law and rules, in relation to eliminating prior criminal records and
making other related changes; and to repeal certain provisions of the
criminal procedure law relating to the prosecution of prostitution
offenses (Part B); and to amend the multiple dwelling law, the public
health law, the real property actions and proceedings law, the real
property law, the vehicle and traffic law, and the administrative code
of the city of New York, in relation to making conforming changes
(Part C)
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act enacts into law major components of legislation
2 relating to the decriminalization of certain prostitution offenses. Each
3 component of this act is wholly contained within a Part identified as
4 Parts A through C. The effective date for each particular provision
5 contained within such Part is set forth in the last section of such
6 Part. Any provision in any section contained within a Part, including
7 the effective date of the Part, which makes reference to a section "of
8 this act", when used in connection with that particular component, shall
9 be deemed to mean and refer to the corresponding section of the Part in
10 which it is found. Section three of this act sets forth the general
11 effective date of this act.
12 PART A
13 DECRIMINALIZATION
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00381-03-3
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1 Section 1. Section 230.00 of the penal law, as amended by chapter 169
2 of the laws of 1969, is amended to read as follows:
3 § 230.00 Prostitution; definitions.
4 [A person is guilty of prostitution when such person engages or agrees
5 or offers to engage in sexual conduct with another person in return for
6 a fee.
7 Prostitution is a class B Misdemeanor]
8 As used in this chapter, the following terms have the following mean-
9 ings:
10 1. "Prostitution" means engaging or agreeing to engage in sexual
11 conduct with another person in return for a fee.
12 2. A person "patronizes a person for prostitution" when: (a) pursuant
13 to a prior understanding, the actor pays a fee to another person as
14 compensation for such other person or a third person having engaged in
15 sexual conduct with the actor; or
16 (b) the person pays or agrees to pay a fee to another person pursuant
17 to an understanding that in return therefor such other person or a third
18 person will engage in sexual conduct with the actor; or
19 (c) the person solicits or requests another person to engage in sexual
20 conduct with the actor in return for a fee.
21 3. "Person who is patronized" means the person with whom the actor
22 engaged in sexual conduct or was to have engaged in sexual conduct
23 pursuant to the understanding, or the person who was solicited or
24 requested by the actor to engage in sexual conduct.
25 4. "School zone" means (a) in or on or within any building, structure,
26 athletic playing field, playground or land contained within the real
27 property boundary line of a public or private elementary, parochial,
28 intermediate, junior high, vocational, or high school, or (b) any public
29 sidewalk, street, parking lot, park, playground or private land, located
30 immediately adjacent to the boundary line of such school.
31 5. (a) "Advance prostitution" a person "advances prostitution" when,
32 acting other than as a person in prostitution or as a patron thereof,
33 and with intent to cause prostitution, the actor directly engages in
34 conduct that facilitates an act or enterprise of prostitution.
35 (b) Conduct by a person under twenty-one years of age shall not
36 constitute advancing prostitution unless the person participated in
37 compulsion by force or intimidation or in sex trafficking, or the person
38 whose prostitution was advanced is under seventeen years of age.
39 6. "Profit from prostitution" a person "profits from prostitution"
40 when, acting other than as a person in prostitution receiving compen-
41 sation for personally rendered prostitution services, the actor accepts
42 or receives money or other property pursuant to an agreement or under-
43 standing with any person whereby the actor participates or is to partic-
44 ipate in the proceeds of prostitution activity.
45 § 2. Section 230.01 of the penal law, as amended by chapter 23 of the
46 laws of 2021, is amended to read as follows:
47 § 230.01 Prostitution; affirmative defense.
48 In any prosecution under [section 230.00, section 230.03,] section
49 230.19, [section 230.20, subdivision 2 of section 230.25,] subdivision 2
50 of section 230.30 or section 230.34-a of this article, it is an affirma-
51 tive defense that the defendant's participation in the offense was a
52 result of having been a victim of compelling prostitution under section
53 230.33 of this article, a victim of sex trafficking under section 230.34
54 of this article, a victim of sex trafficking of a child under section
55 230.34-a of this article or a victim of trafficking in persons under the
S. 4396 3
1 trafficking victims protection act (United States Code, Title 22, Chap-
2 ter 78).
3 § 3. Section 230.02 of the penal law is REPEALED.
4 § 4. Section 230.03 of the penal law is REPEALED.
5 § 5. Sections 230.04, 230.05, 230.06, 230.07 and 230.08 of the penal
6 law, sections 230.04, 230.05, 230.06 and 230.07 as amended and section
7 230.08 as added by chapter 368 of the laws of 2015, are amended to read
8 as follows:
9 § 230.04 Patronizing a person for prostitution in the third degree.
10 A person is guilty of patronizing a person for prostitution in the
11 third degree when [he or she] the actor patronizes a person for prosti-
12 tution and the person patronized is less than eighteen years old.
13 Patronizing a person for prostitution in the third degree is a class A
14 misdemeanor.
15 § 230.05 Patronizing a person for prostitution in the second degree.
16 A person is guilty of patronizing a person for prostitution in the
17 second degree when, being eighteen years old or more, [he or she] the
18 actor patronizes a person for prostitution and the person patronized is
19 less than fifteen years old.
20 Patronizing a person for prostitution in the second degree is a class
21 E felony.
22 § 230.06 Patronizing a person for prostitution in the first degree.
23 A person is guilty of patronizing a person for prostitution in the
24 first degree when:
25 1. [He or she] The actor patronizes a person for prostitution and the
26 person patronized is less than eleven years old; or
27 2. Being eighteen years old or more, [he or she] the actor patronizes
28 a person for prostitution and the person patronized is less than thir-
29 teen years old.
30 Patronizing a person for prostitution in the first degree is a class D
31 felony.
32 § 230.07 Patronizing a person for prostitution; defense.
33 In any prosecution for patronizing a person for prostitution in the
34 first [or], second or third degrees or patronizing a person for prosti-
35 tution in a school zone, it is a defense that the defendant did not have
36 reasonable grounds to believe that the person was less than the age
37 specified.
38 § 230.08 Patronizing a person for prostitution in a school zone.
39 [1.] A person is guilty of patronizing a person for prostitution in a
40 school zone when, being twenty-one years old or more, [he or she] the
41 actor patronizes a person for prostitution and the person patronized is
42 less than eighteen years old at a place that [he or she] the actor
43 knows, or reasonably should know, is in a school zone.
44 [2. For purposes of this section, "school zone" shall mean "school
45 zone" as defined in subdivision two of section 230.03 of this article.]
46 Patronizing a person for prostitution in a school zone is a class E
47 felony.
48 § 6. Section 230.10 of the penal law, the section heading and the
49 opening paragraph as amended by chapter 368 of the laws of 2015, is
50 amended to read as follows:
51 § 230.10 Prostitution and patronizing a person for prostitution; no
52 defense.
53 In any prosecution for prostitution or patronizing a person for pros-
54 titution, the sex of [the two] any of the parties or prospective parties
55 to the sexual conduct engaged in, contemplated or solicited is immateri-
56 al[, and it is no defense that:
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1 1. Such persons were of the same sex; or
2 2. The person who received, agreed to receive or solicited a fee was a
3 male and the person who paid or agreed or offered to pay such fee was a
4 female].
5 § 7. Sections 230.11, 230.12 and 230.13 of the penal law, as added by
6 chapter 368 of the laws of 2015, are amended to read as follows:
7 § 230.11 Aggravated patronizing a minor for prostitution in the third
8 degree.
9 A person is guilty of aggravated patronizing a minor for prostitution
10 in the third degree when, being twenty-one years old or more, [he or
11 she] the actor patronizes a person for prostitution and the person
12 patronized is less than seventeen years old and the person guilty of
13 patronizing engages in sexual intercourse, oral sexual conduct, anal
14 sexual conduct, or aggravated sexual conduct as those terms are defined
15 in section 130.00 of this part, with the person patronized.
16 Aggravated patronizing a minor for prostitution in the third degree is
17 a class E felony.
18 § 230.12 Aggravated patronizing a minor for prostitution in the second
19 degree.
20 A person is guilty of aggravated patronizing a minor for prostitution
21 in the second degree when, being eighteen years old or more, [he or she]
22 the actor patronizes a person for prostitution and the person patronized
23 is less than fifteen years old and the person guilty of patronizing
24 engages in sexual intercourse, oral sexual conduct, anal sexual conduct,
25 or aggravated sexual conduct as those terms are defined in section
26 130.00 of this part, with the person patronized.
27 Aggravated patronizing a minor for prostitution in the second degree
28 is a class D felony.
29 § 230.13 Aggravated patronizing a minor for prostitution in the first
30 degree.
31 A person is guilty of aggravated patronizing a minor for prostitution
32 in the first degree when [he or she] the actor patronizes a person for
33 prostitution and the person patronized is less than eleven years old, or
34 being eighteen years old or more, [he or she] the actor patronizes a
35 person for prostitution and the person patronized is less than thirteen
36 years old, and the person guilty of patronizing engages in sexual inter-
37 course, oral sexual conduct, anal sexual conduct, or aggravated sexual
38 conduct as those terms are defined in section 130.00 of this part, with
39 the person patronized.
40 Aggravated patronizing a minor for prostitution in the first degree is
41 a class B felony.
42 § 8. Section 230.15 of the penal law is REPEALED.
43 § 9. Section 230.19 of the penal law, as added by chapter 191 of the
44 laws of 2011, subdivision 1 as amended by chapter 368 of the laws of
45 2015, is amended to read as follows:
46 § 230.19 Promoting prostitution in a school zone.
47 [1.] A person is guilty of promoting prostitution in a school zone
48 when, being nineteen years old or more, [he or she] the actor knowingly
49 advances or profits from prostitution that [he or she] the actor knows
50 or reasonably should know is or will be committed [in violation of
51 section 230.03 of this article] in a school zone during the hours that
52 school is in session.
53 [2. For purposes of this section, "school zone" shall mean "school
54 zone" as defined in subdivision two of section 230.03 of this article.]
55 Promoting prostitution in a school zone is a class E felony.
56 § 10. Sections 230.20 and 230.25 of the penal law are REPEALED.
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1 § 11. Section 230.30 of the penal law, as amended by chapter 368 of
2 the laws of 2015, is amended to read as follows:
3 § 230.30 Promoting prostitution in the second degree.
4 A person is guilty of promoting prostitution in the second degree when
5 [he or she] the actor knowingly:
6 1. Advances prostitution by compelling a person by force or intim-
7 idation to engage in prostitution, or profits from such coercive conduct
8 by another; or
9 2. Advances or profits from prostitution of a person less than eigh-
10 teen years old.
11 Promoting prostitution in the second degree is a class C felony.
12 § 12. Section 230.32 of the penal law, as added by chapter 627 of the
13 laws of 1978, the opening paragraph and subdivisions 1 and 2 as amended
14 by chapter 368 of the laws of 2015, is amended to read as follows:
15 § 230.32 Promoting prostitution in the first degree.
16 A person is guilty of promoting prostitution in the first degree when
17 [he or she] the actor:
18 1. knowingly advances or profits from prostitution of a person less
19 than thirteen years old; or
20 2. being twenty-one years old or more, [he or she] the actor knowingly
21 advances or profits from prostitution of a person less than fifteen
22 years old.
23 Promoting prostitution in the first degree is a class B felony.
24 § 13. Section 230.33 of the penal law, as amended by chapter 368 of
25 the laws of 2015, is amended to read as follows:
26 § 230.33 Compelling prostitution.
27 A person is guilty of compelling prostitution when, being eighteen
28 years old or more, [he or she] the actor knowingly advances prostitution
29 by compelling a person less than eighteen years old, by force or intim-
30 idation, to engage in prostitution.
31 Compelling prostitution is a class B felony.
32 § 14. The opening paragraph of section 230.34 of the penal law, as
33 added by chapter 74 of the laws of 2007, is amended to read as follows:
34 A person is guilty of sex trafficking if [he or she] the actor inten-
35 tionally advances or profits from prostitution by:
36 § 15. Section 230.34-a of the penal law, as added by chapter 189 of
37 the laws of 2018, is amended to read as follows:
38 § 230.34-a Sex trafficking of a child.
39 [1.] A person is guilty of sex trafficking of a child when [he or she]
40 the actor, being twenty-one years old or more, intentionally advances or
41 profits from prostitution of another person and such person is a child
42 less than eighteen years old. Knowledge by the defendant of the age of
43 such child is not an element of this offense and it is not a defense to
44 a prosecution therefor that the defendant did not know the age of the
45 child or believed such age to be eighteen or over.
46 [2. For purposes of this section:
47 (a) A person "advances prostitution" when, acting other than as a
48 person in prostitution or as a patron thereof, and with intent to cause
49 prostitution, he or she directly engages in conduct that facilitates an
50 act or enterprise of prostitution.
51 (b) A person "profits from prostitution" when, acting other than as a
52 person in prostitution receiving compensation for personally rendered
53 prostitution services, and with intent to facilitate prostitution, he or
54 she accepts or receives money or other property pursuant to an agreement
55 or understanding with any person whereby he or she participates in the
56 proceeds of prostitution activity.]
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1 Sex trafficking of a child is a class B felony.
2 § 16. Section 230.35 of the penal law, as amended by chapter 368 of
3 the laws of 2015, is amended to read as follows:
4 § 230.35 Promoting or compelling prostitution; accomplice.
5 In a prosecution for promoting prostitution or compelling prostitu-
6 tion, a person [less than eighteen years old] from whose prostitution
7 activity another person is alleged to have advanced or attempted to
8 advance or profited or attempted to profit shall not be deemed to be an
9 accomplice.
10 § 17. Section 230.40 of the penal law is REPEALED.
11 § 18. This act shall take effect immediately.
12 PART B
13 ELIMINATING PRIOR CRIMINAL RECORDS AND OTHER RELATED PROVISIONS
14 Section 1. Paragraph (k) of subdivision 3 of section 160.50 of the
15 criminal procedure law, as amended by chapter 92 of the laws of 2021, is
16 amended to read as follows:
17 (k) (i) The conviction was for a violation of article two hundred
18 twenty or section 240.36 of the penal law prior to the effective date of
19 former article two hundred twenty-one of the penal law, and the sole
20 controlled substance involved was marihuana and the conviction was only
21 for a misdemeanor and/or violation; or
22 (ii) the conviction is for an offense defined in section 221.05 or
23 221.10 of the penal law prior to the effective date of chapter one
24 hundred thirty-two of the laws of two thousand nineteen; or
25 (iii) the conviction is for an offense defined in former section
26 221.05, 221.10, 221.15, 221.20, 221.35, or 221.40 of the penal law; or
27 (iv) the conviction was for an offense defined in section 240.37 of
28 the penal law; or
29 (v) the conviction was for a violation of section 220.03 or 220.06 of
30 the penal law prior to the effective date of the chapter of the laws of
31 two thousand twenty-one that amended this paragraph, and the sole
32 controlled substance involved was concentrated cannabis; or
33 (vi) the conviction was for an offense defined in section 222.10,
34 222.15, 222.25 or 222.45 of the penal law[.]; or
35 (vii) the conviction was for a violation of penal law section 230.00,
36 230.03, 230.20, 230.25, or 230.40 as in effect prior to the effective
37 date of part A of the chapter of the laws of two thousand twenty-three
38 that amended this section; or
39 (viii) an order pursuant to subdivision six of this section was
40 entered.
41 No defendant shall be required or permitted to waive eligibility for
42 sealing or expungement pursuant to this section as part of a plea of
43 guilty, sentence or any agreement related to a conviction [for a
44 violation of section 222.10, 222.15, 222.25 or 222.45 of the penal law]
45 or disposition and any such waiver shall be deemed void and wholly unen-
46 forceable.
47 § 2. Paragraph (a) of subdivision 5 of section 160.50 of the criminal
48 procedure law, as amended by chapter 132 of the laws of 2019, is amended
49 to read as follows:
50 (a) Expungement of certain [marihuana-related] records. A conviction
51 for an offense described in paragraph (k) of subdivision three of this
52 section shall, on and after the effective date of this paragraph, in
53 accordance with the provisions of this paragraph, be vacated and
54 dismissed, and all records of such conviction or convictions and related
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1 to such conviction or convictions shall be expunged, as described in
2 subdivision forty-five of section 1.20 of this chapter, and the matter
3 shall be considered terminated in favor of the accused and deemed a
4 nullity, having been rendered by this paragraph legally invalid. All
5 such records for an offense described in this paragraph where the
6 conviction was entered on or before the effective date of the chapter of
7 the laws of [2019] 2023 that amended this paragraph shall be expunged
8 promptly and, in any event, no later than one year after such effective
9 date.
10 § 3. Section 160.50 of the criminal procedure law is amended by adding
11 a new subdivision 6 to read as follows:
12 6. A person convicted under article two hundred thirty of the penal
13 law for what no longer constitutes an offense on or after the effective
14 date of part A of the chapter of the laws of two thousand twenty-three
15 that added this subdivision may upon motion apply to the court in which
16 such conviction occurred, upon not less than twenty days notice to the
17 district attorney, for an order finding that the criminal action or
18 proceeding was terminated in favor of such person, and such order shall
19 be granted unless the district attorney demonstrates to the satisfaction
20 of the court that the interests of justice require otherwise.
21 § 4. Paragraph (k) of subdivision 1 of section 440.10 of the criminal
22 procedure law, as amended by chapter 92 of the laws of 2021, is amended
23 to read as follows:
24 (k) The judgment occurred prior to the effective date of part A of the
25 chapter of the laws of two thousand [twenty-one] twenty-three that
26 amended this paragraph and is a conviction for an offense as defined in
27 subparagraphs (i), (ii), (iii) [or], (iv), or (vii) of paragraph (k) of
28 subdivision three of section 160.50 of this part, in which case the
29 court shall presume that a conviction by plea for the aforementioned
30 offenses was not knowing, voluntary and intelligent if it has severe or
31 ongoing consequences, including but not limited to potential or actual
32 immigration consequences, and shall presume that a conviction by verdict
33 for the aforementioned offenses constitutes cruel and unusual punishment
34 under section five of article one of the state constitution, based on
35 those consequences. The people may rebut these presumptions.
36 § 5. Subdivision 5 of section 1310 of the civil practice law and
37 rules, as added by chapter 669 of the laws of 1984, is amended to read
38 as follows:
39 5. "Post-conviction forfeiture crime" means any felony defined in the
40 penal law or any other chapter of the consolidated laws of the state.
41 However, this shall not include any felony under article two hundred
42 thirty of the penal law in effect prior to the effective date of a chap-
43 ter of the laws of two thousand twenty-three which amended this subdivi-
44 sion, unless it was also a felony under that article on or after that
45 date.
46 § 6. Section 60.47 of the criminal procedure law is REPEALED.
47 § 7. Subdivision 4 of section 170.30 of the criminal procedure law is
48 REPEALED.
49 § 8. Section 170.80 of the criminal procedure law is REPEALED.
50 § 9. Subdivision 2 of section 420.35 of the criminal procedure law, as
51 amended by chapter 23 of the laws of 2021, is amended to read as
52 follows:
53 2. Except as provided in this subdivision or subdivision two-a of this
54 section, under no circumstances shall the mandatory surcharge, sex
55 offender registration fee, DNA databank fee or the crime victim assist-
56 ance fee be waived. A court shall waive any mandatory surcharge, DNA
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1 databank fee and crime victim assistance fee when: (i) the defendant is
2 convicted of [prostitution under section 230.00 of the penal law; (ii)
3 the defendant is convicted of a violation in the event such conviction
4 is in lieu of a plea to or conviction for prostitution under section
5 230.00 of the penal law; (iii)] a violation of article two hundred thir-
6 ty or section 240.37 of the penal law, as in effect prior to the effec-
7 tive date of a chapter of the laws of two thousand twenty-three which
8 amended this subdivision, unless the violation is an offense under law
9 in effect on and after that effective date; or (ii) the court finds that
10 a defendant is a victim of sex trafficking under section 230.34 of the
11 penal law, sex trafficking of a child under section 230.34-a of the
12 penal law, or [a victim of] trafficking in persons under the trafficking
13 victims protection act (United States Code, Title 22, Chapter 78)[; or
14 (iv) the court finds that the defendant is a victim of sex trafficking
15 of a child under section 230.34-a of the penal law].
16 § 10. Subdivision 4 of section 720.15 of the criminal procedure law is
17 REPEALED.
18 § 11. Subdivision 1 of section 720.35 of the criminal procedure law,
19 as amended by chapter 23 of the laws of 2021, is amended to read as
20 follows:
21 1. A youthful offender adjudication is not a judgment of conviction
22 for a crime or any other offense, and does not operate as a disquali-
23 fication of any person so adjudged to hold public office or public
24 employment or to receive any license granted by public authority but
25 shall be deemed a conviction only for the purposes of transfer of super-
26 vision and custody pursuant to section two hundred fifty-nine-m of the
27 executive law. [A defendant for whom a youthful offender adjudication
28 was substituted, who was originally charged with prostitution as defined
29 in section 230.00 of the penal law, shall be deemed a "sexually
30 exploited child" as defined in subdivision one of section four hundred
31 forty-seven-a of the social services law and therefore shall not be
32 considered an adult for purposes related to the charges in the youthful
33 offender proceeding or a proceeding under section 170.80 of this chap-
34 ter.]
35 § 12. The office of court administration shall establish and make
36 available all necessary forms for proceedings under this act no later
37 than sixty days following the effective date of this section.
38 § 13. This act shall take effect on the thirtieth day after it shall
39 have become a law.
40 PART C
41 OTHER CONFORMING CHANGES
42 Section 1. Subdivision 1 of section 12 of the multiple dwelling law is
43 amended to read as follows:
44 1. It shall be unlawful to use any multiple dwelling or any part of
45 the lot or premises thereof for the purpose of criminal conduct related
46 to prostitution [or assignation of any description] under article two
47 hundred thirty of the penal law. This subdivision shall only apply to
48 conduct involving prostitution activity in violation of article two
49 hundred thirty of the penal law on or after the effective date of a
50 chapter of the laws of two thousand twenty-three that amended this
51 subdivision.
52 § 2. Sections 351 and 352 of the multiple dwelling law, section 352 as
53 amended by chapter 310 of the laws of 1962, are amended to read as
54 follows:
S. 4396 9
1 § 351. Lien. A multiple dwelling shall be subject to a penalty of one
2 thousand dollars if it or any part of it shall be used as a house of
3 prostitution [or assignation] in violation of article two hundred thirty
4 of the penal law with the permission of the owner, and such penalty
5 shall be a lien upon the dwelling and lot upon which it is situated.
6 This section shall only apply to conduct involving prostitution activity
7 in violation of article two hundred thirty of the penal law on or after
8 the effective date of a chapter of the laws of two thousand twenty-three
9 that amended this section.
10 § 352. Recovery of premises. If a multiple dwelling, or any part
11 thereof, shall be used as a house of prostitution [or assignation] in
12 violation of article two hundred thirty of the penal law with the
13 permission of the lessee or [his] the lessee's agent, the lease shall be
14 terminable at the election of the lessor, and the owner shall be enti-
15 tled to recover possession of said premises by summary proceedings.
16 This section shall only apply to conduct involving prostitution activity
17 in violation of article two hundred thirty of the penal law on or after
18 the effective date of a chapter of the laws of two thousand twenty-three
19 that amended this section.
20 § 3. Section 2320 of the public health law is amended to read as
21 follows:
22 § 2320. Houses of prostitution; equipment; nuisance. 1. Whoever shall
23 erect, establish, continue, maintain, use, own, or lease any building,
24 erection, or place used for the purpose of [lewdness, assignation, or]
25 prostitution activity in violation of article two hundred thirty of the
26 penal law is guilty of maintaining a nuisance.
27 2. The building, erection, or place, or the ground itself, in or upon
28 which any [lewdness, assignation, or] prostitution activity in violation
29 of article two hundred thirty of the penal law is conducted, permitted,
30 or carried on, continued, or exists, and the furniture, fixtures,
31 musical instruments, and movable property used in conducting or main-
32 taining such nuisance, are hereby declared to be a nuisance and shall be
33 enjoined and abated as hereafter provided.
34 3. This article shall only apply to conduct involving prostitution
35 activity in violation of article two hundred thirty of the penal law on
36 or after the effective date of this subdivision.
37 § 4. Subdivision 5 of section 711 of the real property actions and
38 proceedings law, as added by section 312 of the laws of 1962, is amended
39 to read as follows:
40 5. The premises, or any part thereof, are used or occupied [as a
41 bawdy-house, or house or place of assignation for lewd persons, or] for
42 purposes of prostitution activity in violation of article two hundred
43 thirty of the penal law, or for any illegal trade or manufacture, or
44 other illegal business. As used in this subdivision, "prostitution
45 activity" shall only mean conduct in violation of article two hundred
46 thirty of the penal law on or after the effective date of a chapter of
47 the laws of two thousand twenty-three that amended this subdivision.
48 § 5. Subdivisions 1 and 2 of section 715 of the real property actions
49 and proceedings law, subdivision 1 as amended by chapter 555 of the laws
50 of 1978, subdivision 2 as amended by chapter 368 of the laws of 2015,
51 are amended to read as follows:
52 1. An owner or tenant, including a tenant of one or more rooms of an
53 apartment house, tenement house or multiple dwelling, of any premises
54 within two hundred feet from other demised real property [used or occu-
55 pied in whole or in part as a bawdy-house, or house or place of assigna-
56 tion for lewd persons, or] for purposes of prostitution activity in
S. 4396 10
1 violation of article two hundred thirty of the penal law, or for any
2 illegal trade, business or manufacture, or any domestic corporation
3 organized for the suppression of vice, subject to or which submits to
4 visitation by the state department of social services and possesses a
5 certificate from such department of such fact and of conformity with
6 regulations of the department, or any duly authorized enforcement agency
7 of the state or of a subdivision thereof, under a duty to enforce the
8 provisions of the penal law or of any state or local law, ordinance,
9 code, rule or regulation relating to buildings, may serve personally
10 upon the owner or landlord of the premises so used or occupied, or upon
11 [his] the lessee's agent, a written notice requiring the owner or land-
12 lord to make an application for the removal of the person so using or
13 occupying the same. If the owner or landlord or [his] the lessee's agent
14 does not make such application within five days thereafter; or, having
15 made it, does not in good faith diligently prosecute it, the person,
16 corporation or enforcement agency giving the notice may bring a proceed-
17 ing under this article for such removal as though the petitioner were
18 the owner or landlord of the premises, and shall have precedence over
19 any similar proceeding thereafter brought by such owner or landlord or
20 to one theretofore brought by [him] such owner or landlord and not pros-
21 ecuted diligently and in good faith. [Proof of the ill repute of the
22 demised premises or of the inmates thereof or of those resorting thereto
23 shall constitute presumptive evidence of the unlawful use of the demised
24 premises required to be stated in the petition for removal.] Both the
25 person in possession of the property and the owner or landlord shall be
26 made respondents in the proceeding. As used in this subdivision, "pros-
27 titution activity" shall only mean conduct in violation of article two
28 hundred thirty of the penal law on or after the effective date of a
29 chapter of the laws of two thousand twenty-three that amended this
30 subdivision.
31 2. For purposes of this section, two or more convictions of any person
32 or persons had, within a period of one year, for any of the offenses
33 described in section [230.00,] 230.05, 230.06, 230.11, 230.12, 230.13,
34 [230.20, 230.25,] 230.30, or 230.32 [or 230.40] of the penal law arising
35 out of conduct engaged in at the same real property consisting of a
36 dwelling as that term is defined in subdivision four of section four of
37 the multiple dwelling law shall be presumptive evidence of conduct
38 constituting use of the premises for purposes of prostitution activity.
39 However, this subdivision shall only apply to an offense under article
40 two hundred thirty of the penal law in effect on or after the effective
41 date of a chapter of the laws of two thousand twenty-three that amended
42 this subdivision.
43 § 6. Subdivision 3 of section 231 of the real property law, as amended
44 by chapter 368 of the laws of 2015, is amended to read as follows:
45 3. For the purposes of this section, two or more convictions of any
46 person or persons had, within a period of one year, for any of the
47 offenses described in section [230.00,] 230.05, 230.06, 230.11, 230.12,
48 230.13, [230.20, 230.25,] 230.30, or 230.32 [or 230.40] of the penal law
49 arising out of conduct engaged in at the same premises consisting of a
50 dwelling as that term is defined in subdivision four of section four of
51 the multiple dwelling law shall be presumptive evidence of unlawful use
52 of such premises and of the owners knowledge of the same. However, this
53 subdivision shall only apply to an offense under article two hundred
54 thirty of the penal law in effect on or after the effective date of a
55 chapter of the laws of two thousand twenty-three that amended this
56 subdivision.
S. 4396 11
1 § 7. Paragraph 3 of subdivision b of section 233 of the real property
2 law, as amended by chapter 566 of the laws of 1996, is amended to read
3 as follows:
4 3. The premises, or any part thereof, are used or occupied [as a
5 bawdy-house, or house or place of assignation for lewd purposes or] for
6 purposes of prostitution activity in violation of article two hundred
7 thirty of the penal law, or for any illegal trade or business. As used
8 in this paragraph, "prostitution activity" shall only mean conduct in
9 violation of article two hundred thirty of the penal law on or after the
10 effective date of a chapter of the laws of two thousand twenty-three
11 that amended this paragraph.
12 § 8. Paragraphs (b) and (c) of subdivision 4 of section 509-cc of the
13 vehicle and traffic law, paragraph (b) as amended by chapter 400 of the
14 laws of 2011, paragraph (c) as amended by chapter 92 of the laws of
15 2021, are amended to read as follows:
16 (b) The offenses referred to in subparagraph (ii) of paragraph (a) of
17 subdivision one and paragraph (b) of subdivision two of this section
18 that result in permanent disqualification shall include a conviction
19 under sections 100.13, 105.15, 105.17, 115.08, 120.12, 120.70, 125.10,
20 125.11, 130.40, 130.53, 130.60, 130.65-a, 135.20, 160.15, 220.18,
21 220.21, 220.39, 220.41, 220.43, 220.44, [230.25,] 260.00, 265.04 of the
22 penal law or an attempt to commit any of the aforesaid offenses under
23 section 110.00 of the penal law, or any offenses committed under a
24 former section of the penal law which would constitute violations of the
25 aforesaid sections of the penal law, or any offenses committed outside
26 this state which would constitute violations of the aforesaid sections
27 of the penal law.
28 (c) The offenses referred to in subparagraph (i) of paragraph (b) of
29 subdivision one and subparagraph (i) of paragraph (c) of subdivision two
30 of this section that result in disqualification for a period of five
31 years shall include a conviction under sections 100.10, 105.13, 115.05,
32 120.03, 120.04, 120.04-a, 120.05, 120.10, 120.25, 121.12, 121.13,
33 [125.40, 125.45,] 130.20, 130.25, 130.52, 130.55, 135.10, 135.55,
34 140.17, 140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06,
35 220.09, 220.16, 220.31, 220.34, 220.60, 220.65, subdivision two of
36 section 222.50, subdivision two of section 222.55, [230.00,] 230.05,
37 230.06, 230.11, 230.12, 230.13, 230.19, [230.20,] 235.05, 235.06,
38 235.07, 235.21, 240.06, 245.00, 260.10, subdivision two of section
39 260.20 and sections 260.25, 265.02, 265.03, 265.08, 265.09, 265.10,
40 265.12, 265.35 of the penal law or an attempt to commit any of the afor-
41 esaid offenses under section 110.00 of the penal law, or any similar
42 offenses committed under a former section of the penal law, or any
43 offenses committed under a former section of the penal law which would
44 constitute violations of the aforesaid sections of the penal law, or any
45 offenses committed outside this state which would constitute violations
46 of the aforesaid sections of the penal law.
47 § 9. Subdivisions 1 and 2 of section 510-d of the vehicle and traffic
48 law, as amended by chapter 189 of the laws of 2018, are amended to read
49 as follows:
50 1. A class E driver's license shall be suspended by the commissioner
51 for a period of one year where the holder is convicted of a violation of
52 section [230.20, 230.25,] 230.30, 230.32, 230.34, or 230.34-a [or
53 230.40] of the penal law and the holder used a for hire motor vehicle to
54 commit such crime.
55 2. A class E driver's license may be revoked by the commissioner when
56 the holder, who had his or her driver's license suspended under subdivi-
S. 4396 12
1 sion one of this section within the last ten years, is convicted of a
2 second violation of section [230.20, 230.25,] 230.30, 230.32, 230.34, or
3 230.34-a [or 230.40] of the penal law and the holder used a for hire
4 motor vehicle to commit such crime.
5 § 10. Subdivision (a) of section 7-703 of the administrative code of
6 the city of New York is amended to read as follows:
7 (a) Any building, erection or place, including one- or two-family
8 dwellings, used for the purpose of prostitution [as defined in section
9 230.00] activity in violation of article two hundred thirty of the penal
10 law. Two or more criminal convictions of persons for [acts of] prostitu-
11 tion activity in violation of article two hundred thirty of the penal
12 law in the building, erection or place, including one- or two-family
13 dwellings, within the one-year period preceding the commencement of an
14 action under this chapter, shall be presumptive evidence that the build-
15 ing, erection or place, including one- or two-family dwellings, is a
16 public nuisance. In any action under this subdivision, evidence of the
17 common fame and general reputation of the building, erection or place,
18 including one- or two-family dwellings, of the inmates or occupants
19 thereof, or of those resorting thereto, shall be competent evidence to
20 prove the existence of the public nuisance. If evidence of the general
21 reputation of the building, erection or place, including one- or two-fa-
22 mily dwellings, or of the inmates or occupants thereof, is sufficient to
23 establish the existence of the public nuisance, it shall be prima facie
24 evidence of knowledge thereof and acquiescence and participation therein
25 and responsibility for the nuisance, on the part of the owners, lessors,
26 lessees and all those in possession of or having charge of, as agent or
27 otherwise, or having any interest in any form in the property, real or
28 personal, used in conducting or maintaining the public nuisance. As used
29 in this subdivision, "prostitution activity" shall only mean conduct in
30 violation of article two hundred thirty of the penal law on or after the
31 effective date of a chapter of the laws of two thousand twenty-three
32 that amended this subdivision;
33 § 11. Subdivision f of section 20-247 of the administrative code of
34 the city of New York is amended to read as follows:
35 f. It shall be unlawful for any licensee to guide or direct any person
36 to [a place of ill repute, house of ill fame or assignation, or to any
37 house or place of amusement kept for immoral purposes, or to] any place
38 resorted to for the purpose of prostitution activity in violation of
39 article two hundred thirty of the penal law or gambling. It shall be
40 unlawful for any such licensee to impart any information as to the
41 location or address of any such houses or places, or to solicit the
42 patronage of any person or persons for any hotel, lodging house or
43 boarding house or place of temporary or permanent abode, or for any
44 place where refreshments are served or amusement of any type provided.
45 As used in this subdivision, "prostitution activity" shall only mean
46 conduct in violation of article two hundred thirty of the penal law on
47 or after the effective date of a chapter of the laws of two thousand
48 twenty-three that amended this subdivision.
49 § 12. This act shall take effect on the thirtieth day after it shall
50 have become a law.
51 § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
52 sion, section or part of this act shall be adjudged by a court of compo-
53 nent jurisdiction to be invalid, such judgment shall not affect, impair
54 or invalidate the remainder thereof, but shall be confined in its opera-
55 tion to the clause, sentence, paragraph, subdivision, section or part
56 thereof directly involved in the controversy in which such judgment
S. 4396 13
1 shall have been rendered. It is hereby declared to be the intent of the
2 legislature that this act would have been enacted even if such invalid
3 provisions had not been included herein.
4 § 3. This act shall take effect immediately; provided, however, that
5 the applicable effective date of Parts A through C of this act shall be
6 as specifically set forth in the last section of such Parts.
