A04743 Summary:

BILL NOA04743A
 
SAME ASSAME AS S01266-A
 
SPONSORMoya
 
COSPNSRFriend
 
MLTSPNSR
 
Amd §§70.02, 230.30 & 230.32, Pen L
 
Designates promoting prostitution in the first degree, compelling prostitution and sex trafficking as class B violent felonies; defines the class B felony of promoting prostitution in the first degree to be the advancing or profiting from the prostitution of a person under 16 years of age.
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A04743 Actions:

BILL NOA04743A
 
02/05/2015referred to codes
01/06/2016referred to codes
01/21/2016amend and recommit to codes
01/21/2016print number 4743a
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A04743 Committee Votes:

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A04743 Floor Votes:

There are no votes for this bill in this legislative session.
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A04743 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4743--A
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 5, 2015
                                       ___________
 
        Introduced  by  M.  of  A. MOYA, FRIEND -- read once and referred to the
          Committee on Codes -- recommitted to the Committee on Codes in accord-
          ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee

        AN ACT to amend the penal law,  in  relation  to  designating  promoting
          prostitution  in  the  first  degree,  compelling prostitution and sex
          trafficking as class B violent felony offenses and the prostitution of
          minors
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Paragraph  (a)  of  subdivision 1 of section 70.02 of the
     2  penal law, as amended by chapter 368 of the laws of 2015, is amended  to
     3  read as follows:
     4    (a)  Class  B  violent felony offenses: an attempt to commit the class
     5  A-I felonies of murder in  the  second  degree  as  defined  in  section
     6  125.25, kidnapping in the first degree as defined in section 135.25, and
     7  arson  in the first degree as defined in section 150.20; manslaughter in
     8  the first degree as defined in section 125.20,  aggravated  manslaughter
     9  in  the  first  degree  as  defined in section 125.22, rape in the first
    10  degree as defined in section 130.35, criminal sexual act  in  the  first
    11  degree  as  defined  in  section  130.50, aggravated sexual abuse in the
    12  first degree as defined in section  130.70,  course  of  sexual  conduct
    13  against  a  child  in  the  first  degree  as defined in section 130.75;
    14  assault in the first degree as defined in section 120.10, kidnapping  in
    15  the  second  degree  as defined in section 135.20, burglary in the first
    16  degree as defined in section 140.30,  arson  in  the  second  degree  as
    17  defined  in  section  150.15,  robbery in the first degree as defined in
    18  section 160.15, promoting prostitution in the first degree as defined in
    19  section 230.32, compelling prostitution as defined  in  section  230.33,
    20  sex  trafficking  as  defined  in [paragraphs (a) and (b) of subdivision

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00331-03-6

        A. 4743--A                          2

     1  five of] section 230.34, incest  in  the  first  degree  as  defined  in
     2  section  255.27,  criminal possession of a weapon in the first degree as
     3  defined in section 265.04, criminal use of a firearm in the first degree
     4  as  defined  in  section 265.09, criminal sale of a firearm in the first
     5  degree as defined in section 265.13, aggravated assault  upon  a  police
     6  officer or a peace officer as defined in section 120.11, gang assault in
     7  the  first degree as defined in section 120.07, intimidating a victim or
     8  witness in the first degree as  defined  in  section  215.17,  hindering
     9  prosecution  of  terrorism  in  the  first  degree as defined in section
    10  490.35, criminal possession of a chemical weapon or biological weapon in
    11  the second degree as defined in section 490.40, and criminal  use  of  a
    12  chemical  weapon  or biological weapon in the third degree as defined in
    13  section 490.47.
    14    § 2. Section 230.30 of the penal law, as amended by chapter 368 of the
    15  laws of 2015, is amended to read as follows:
    16  § 230.30 Promoting prostitution in the second degree.
    17    A person is guilty of promoting prostitution in the second degree when
    18  he or she knowingly[:
    19    1. Advances] advances prostitution by compelling a person by force  or
    20  intimidation  to  engage  in prostitution, or profits from such coercive
    21  conduct by another[; or
    22    2. Advances or profits from prostitution of a person less  than  eigh-
    23  teen years old].
    24    Promoting prostitution in the second degree is a class C felony.
    25    §  3.  Section 230.32 of the penal law, as added by chapter 627 of the
    26  laws of 1978, the opening paragraph and subdivisions 1 and 2 as  amended
    27  by chapter 368 of the laws of 2015, is amended to read as follows:
    28  § 230.32 Promoting prostitution in the first degree.
    29    A  person is guilty of promoting prostitution in the first degree when
    30  he or she[:
    31    1.] knowingly advances or profits from prostitution of a  person  less
    32  than [thirteen years old; or
    33    2. being twenty-one years old or more, he or she knowingly advances or
    34  profits  from  prostitution of a person less than fifteen] sixteen years
    35  old.
    36    § 4. This act shall take effect on the first of November next succeed-
    37  ing the date on which it shall have become a law; provided, however,  if
    38  chapter  368 of the laws of 2015 has not taken effect before such effec-
    39  tive date then this act shall take effect on the same date  and  in  the
    40  same  manner as such chapter; and provided, further, that this act shall
    41  apply to offenses committed on or after such date.
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