NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7175
SPONSOR: Jackson TITLE OF BILL:
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)
PURPOSE OR GENERAL IDEA OF BILL:
To repeal statutes that criminalize sex work between consenting adults,
but keep laws relating to minors or trafficking, and to provide for
criminal record relief for people convicted of crimes repealed under
this bill.
SUMMARY OF SPECIFIC PROVISIONS:
Part A repeals and amends parts of Penal Law Article 230 that make sex
work between consenting adults illegal.
All existing statutory provisions that prohibit sex work involving
minors, force, intimidation, coercion, and trafficking remain in effect.
This bill does not repeal any of theSe provisions.
Part B repeals and amends parts of the Criminal Procedure Law and Civil
Practice Law and Rules to provide for criminal record relief for indi-
viduals previously convicted of crimes that are repealed under this
bill.
Part C repeals and amends parts of the Multiple Dwelling Law, Public
Health Law, Real Property Actions and Proceedings Law, Real Property
Law, Vehicle and Traffic Law, and the Administrative Code of the City of
New York to make conforming changes and clarifications
JUSTIFICATION:
New York state law contains over a dozen criminal and civil provisions
that punish adults who consent to sell or buy sex, as well as those who
help and depend on them, not to mention the numerous prohibitions and
punishments for prostitution in a wide variety of laws. Trying to stop
sex work between consenting adults should not be the business of our
criminal justice system. Criminalizing sex work criminalizes a means of
survival for marginalized people, and it makes LGBTQ people especially
vulnerable to police harassment and arrest based on their gender
expression and sexuality.
Research on the impact of full decriminalization of sex work in New
Zealand and New South Wales, Australia has found:
- 90 percent of sex workers believe decriminalization gave them more
employment, legal, and health rights.
- 60 percent of sex workers stated they were better able to screen and
refuse potentially dangerous clients.
- 73 percent of sex workers entered the industry to pay for household
expenses, while another 82 percent stayed in the industry for the same
reason.
- Sex workers also have greater access to and use of condoms. Criminal-
ization drives sex work into the shadows in an underground illegal envi-
ronment where sex workers face increased violence, abuse, and exploita-
tion, and are more vulnerable to trafficking. Though anti-sex work laws
may have originally been conceived as a protection of society's morals
and perhaps even women, these laws now criminalize women and LGBTQ
people for acts of survival and resistance to the force of economic
insecurity. Decriminalizing sex work upholds the rights of those who
trade sex, reduces violence and trafficking, and increases labor
protections.
France's 2016 implementation of "End Demand" (also referred to as the
Nordic model) re-defined the criminalization of sex work so as to end
the arrests and prosecutions of sex workers, but also maintained all
penalties for patronizing or "promoting" sex work. As a result, research
shows that:
- 63 percent of sex workers reported worse living condition
- 42 percent reported increased workplace violence
- 38 percent reported increased difficulty negotiating condom use with
clients This model is not as effective as decriminalization and does not
provide safer conditions for those involved.
Decriminalization of sex work is supported by the World Health Organiza-
tion, Amnesty International, Human Rights Watch, the Global Alliance
Against Trafficking in Women, Lambda Legal, the ACLU, GMHC, the NYC
Anti-Violence Project, Make the Road NY, NYCLU, the Association of Legal
Aid Attorneys, the Urban justice Center, Womankind, VOCAL-NY, Center for
Constitutional Rights, Center for HIV Law and Policy, UNAIDS, Housing
Works, Scientists for Sex Worker Rights, Sylvia Rivera Law Project, and
a growing list of other organizations.
This bill does not alter the criminal and civil legal provisions under
which individuals who engage in trafficking, coercion, sexual abuse,
abuse of minors, or rape may be prosecuted. In fact, when the law
differentiates between sex work between consenting adults and situations
where a party does not consent or that involve minors, sex workers will
have an increased ability to report abuse, rape, theft, and other crimes
perpetrated against them that today go ignored and are exacerbated by
law enforcement activity. The bill allows individuals who have been
previously convicted of offenses that are repealed in this bill to
vacate those judgments of conviction.
This will enable them to access housing, health, and economic resources
that are currently off-limits to them because of their criminal records.
Record relief will also allow people to transition into other employment
if they choose, without the stigma and harassment that often follows
from having a criminal record with prostitution convictions.
The decriminalization of sex work in New Zealand shows us that criminal-
izing sex work between consenting adults does not end the demand for sex
work, and-it certainly does not improve the lives of people who partic-
ipate in the sex trades by choice, circumstance, or coercion, or people
Who are profiled as sex workers. Instead of treating all people in the
sex trades as criminals, victims, or both, it is time to.create a more
nuanced legal approach to the sex trades. Sex workers want decriminali-
zation so they can work in a legal environment, work without fear of the
police, report any violence they experience, and report trafficking when
it affects their peers. It is time to put people before antiquated
moral judgments.
SOCIAL JUSTICE IMPACT:
This legislation would further advance the human rights of sex workers
who are doing what they can to make an income to support themselves and
their families. This legislation would humanize sex workers who deserve
to work in a safe, secure, and clean environment without fear of judge-
ment or arrest. The existing laws create crimes that primarily victimize
women and LGBTQ+ individuals, particularly women and LGBTQ+ individuals
of color, those that are in poverty, and immigrants. The advocacy group,
Survivors Against SESTA, says: "For an issue which encompasses issues
of economic justice, labor, criminalization and policing, 'sexuality,
racial justice, immigration, gender identity, and complex other frame-
works, sex worker rights can be a lynchpin issue impacting the most
marginalized in our communities.Caring about LGBTQ survival means caring
about the lives, health and safety of sex workers"
PRIOR LEGISLATIVE HISTORY:
SENATE:
2021-22 - S 3075 (Salazar) Referred to Codes in 2021 and 2022.
2019-20 - S 6419 (Salazar) Referred to Rules in 2019, referred to Codes
in 2020.
ASSEMBLY:
2021-22 - A849 (Gottfried) - Referred to Codes.
2019-20 - A8230 (Gottfried) - Referred to Codes.
2021-22 - A849 (Gottfried) - Referred to Codes
FISCAL IMPLICATIONS:
No negative fiscal implications. This bill, by eliminating arrests,
prosecutions, and incarceration of sex workers or alleged sex workers
would result in significant fiscal savings for local and state govern-
ment.
EFFECTIVE DATE:
This act shall take effect thirty days after it becomes law, though each
Part contains an effective date applicable to that Part - Part A imme-
diately, Part B and C 30 days after enactment.
STATE OF NEW YORK
________________________________________________________________________
7175
2023-2024 Regular Sessions
IN ASSEMBLY
May 12, 2023
___________
Introduced by M. of A. JACKSON -- read once and referred to the Commit-
tee 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.
LBD00381-01-3
A. 7175 2
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
A. 7175 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, as added by chapter 191 of the
5 laws of 2011, subdivision 2 as amended by chapter 368 of the laws of
6 2015, is amended to read as follows:
7 § 230.03 Prostitution in a school zone.
8 [1.] A person is guilty of prostitution in a school zone when, being
9 nineteen years of age or older, and acting during the hours that school
10 is in session, [he or she] the actor commits [the crime] an act of pros-
11 titution [in violation of section 230.00 of this article] at a place
12 that [he or she] the actor knows, or reasonably should know, is in a
13 school zone, and [he or she] the actor knows, or reasonably should know,
14 that such act of prostitution is within the direct view of children
15 attending such school.
16 [2. For the purposes of this section, section 230.08 and section
17 230.19 of this article, "school zone" means (a) in or on or within any
18 building, structure, athletic playing field, playground or land
19 contained within the real property boundary line of a public or private
20 elementary, parochial, intermediate, junior high, vocational, or high
21 school, or (b) any public sidewalk, street, parking lot, park, play-
22 ground or private land, located immediately adjacent to the boundary
23 line of such school.]
24 Prostitution in a school zone is a class A misdemeanor.
25 § 5. Sections 230.04, 230.05, 230.06, 230.07 and 230.08 of the penal
26 law, sections 230.04, 230.05, 230.06 and 230.07 as amended and section
27 230.08 as added by chapter 368 of the laws of 2015, are amended to read
28 as follows:
29 § 230.04 Patronizing a person for prostitution in the third degree.
30 A person is guilty of patronizing a person for prostitution in the
31 third degree when [he or she] the actor patronizes a person for prosti-
32 tution and the person patronized is less than eighteen years old.
33 Patronizing a person for prostitution in the third degree is a class A
34 misdemeanor.
35 § 230.05 Patronizing a person for prostitution in the second degree.
36 A person is guilty of patronizing a person for prostitution in the
37 second degree when, being eighteen years old or more, [he or she] the
38 actor patronizes a person for prostitution and the person patronized is
39 less than fifteen years old.
40 Patronizing a person for prostitution in the second degree is a class
41 E felony.
42 § 230.06 Patronizing a person for prostitution in the first degree.
43 A person is guilty of patronizing a person for prostitution in the
44 first degree when:
45 1. [He or she] The actor patronizes a person for prostitution and the
46 person patronized is less than eleven years old; or
47 2. Being eighteen years old or more, [he or she] the actor patronizes
48 a person for prostitution and the person patronized is less than thir-
49 teen years old.
50 Patronizing a person for prostitution in the first degree is a class D
51 felony.
52 § 230.07 Patronizing a person for prostitution; defense.
53 In any prosecution for patronizing a person for prostitution in the
54 first [or], second or third degrees or patronizing a person for prosti-
55 tution in a school zone, it is a defense that the defendant did not have
A. 7175 4
1 reasonable grounds to believe that the person was less than the age
2 specified.
3 § 230.08 Patronizing a person for prostitution in a school zone.
4 [1.] A person is guilty of patronizing a person for prostitution in a
5 school zone when, being twenty-one years old or more, [he or she] the
6 actor patronizes a person for prostitution and the person patronized is
7 less than eighteen years old at a place that [he or she] the actor
8 knows, or reasonably should know, is in a school zone.
9 [2. For purposes of this section, "school zone" shall mean "school
10 zone" as defined in subdivision two of section 230.03 of this article.]
11 Patronizing a person for prostitution in a school zone is a class E
12 felony.
13 § 6. Section 230.10 of the penal law, the section heading and the
14 opening paragraph as amended by chapter 368 of the laws of 2015, is
15 amended to read as follows:
16 § 230.10 Prostitution and patronizing a person for prostitution; no
17 defense.
18 In any prosecution for prostitution or patronizing a person for pros-
19 titution, the sex of [the two] any of the parties or prospective parties
20 to the sexual conduct engaged in, contemplated or solicited is immateri-
21 al[, and it is no defense that:
22 1. Such persons were of the same sex; or
23 2. The person who received, agreed to receive or solicited a fee was a
24 male and the person who paid or agreed or offered to pay such fee was a
25 female].
26 § 7. Sections 230.11, 230.12 and 230.13 of the penal law, as added by
27 chapter 368 of the laws of 2015, are amended to read as follows:
28 § 230.11 Aggravated patronizing a minor for prostitution in the third
29 degree.
30 A person is guilty of aggravated patronizing a minor for prostitution
31 in the third degree when, being twenty-one years old or more, [he or
32 she] the actor patronizes a person for prostitution and the person
33 patronized is less than seventeen years old and the person guilty of
34 patronizing engages in sexual intercourse, oral sexual conduct, anal
35 sexual conduct, or aggravated sexual conduct as those terms are defined
36 in section 130.00 of this part, with the person patronized.
37 Aggravated patronizing a minor for prostitution in the third degree is
38 a class E felony.
39 § 230.12 Aggravated patronizing a minor for prostitution in the second
40 degree.
41 A person is guilty of aggravated patronizing a minor for prostitution
42 in the second degree when, being eighteen years old or more, [he or she]
43 the actor patronizes a person for prostitution and the person patronized
44 is less than fifteen years old and the person guilty of patronizing
45 engages in sexual intercourse, oral sexual conduct, anal sexual conduct,
46 or aggravated sexual conduct as those terms are defined in section
47 130.00 of this part, with the person patronized.
48 Aggravated patronizing a minor for prostitution in the second degree
49 is a class D felony.
50 § 230.13 Aggravated patronizing a minor for prostitution in the first
51 degree.
52 A person is guilty of aggravated patronizing a minor for prostitution
53 in the first degree when [he or she] the actor patronizes a person for
54 prostitution and the person patronized is less than eleven years old, or
55 being eighteen years old or more, [he or she] the actor patronizes a
56 person for prostitution and the person patronized is less than thirteen
A. 7175 5
1 years old, and the person guilty of patronizing engages in sexual inter-
2 course, oral sexual conduct, anal sexual conduct, or aggravated sexual
3 conduct as those terms are defined in section 130.00 of this part, with
4 the person patronized.
5 Aggravated patronizing a minor for prostitution in the first degree is
6 a class B felony.
7 § 8. Section 230.15 of the penal law is REPEALED.
8 § 9. Section 230.19 of the penal law, as added by chapter 191 of the
9 laws of 2011, subdivision 1 as amended by chapter 368 of the laws of
10 2015, is amended to read as follows:
11 § 230.19 Promoting prostitution in a school zone.
12 [1.] A person is guilty of promoting prostitution in a school zone
13 when, being nineteen years old or more, [he or she] the actor knowingly
14 advances or profits from prostitution that [he or she] the actor knows
15 or reasonably should know is or will be committed in violation of
16 section 230.03 of this article in a school zone during the hours that
17 school is in session.
18 [2. For purposes of this section, "school zone" shall mean "school
19 zone" as defined in subdivision two of section 230.03 of this article.]
20 Promoting prostitution in a school zone is a class E felony.
21 § 10. Sections 230.20 and 230.25 of the penal law are REPEALED.
22 § 11. Section 230.30 of the penal law, as amended by chapter 368 of
23 the laws of 2015, is amended to read as follows:
24 § 230.30 Promoting prostitution in the second degree.
25 A person is guilty of promoting prostitution in the second degree when
26 [he or she] the actor knowingly:
27 1. Advances prostitution by compelling a person by force or intim-
28 idation to engage in prostitution, or profits from such coercive conduct
29 by another; or
30 2. Advances or profits from prostitution of a person less than eigh-
31 teen years old.
32 Promoting prostitution in the second degree is a class C felony.
33 § 12. Section 230.32 of the penal law, as added by chapter 627 of the
34 laws of 1978, the opening paragraph and subdivisions 1 and 2 as amended
35 by chapter 368 of the laws of 2015, is amended to read as follows:
36 § 230.32 Promoting prostitution in the first degree.
37 A person is guilty of promoting prostitution in the first degree when
38 [he or she] the actor:
39 1. knowingly advances or profits from prostitution of a person less
40 than thirteen years old; or
41 2. being twenty-one years old or more, [he or she] the actor knowingly
42 advances or profits from prostitution of a person less than fifteen
43 years old.
44 Promoting prostitution in the first degree is a class B felony.
45 § 13. Section 230.33 of the penal law, as amended by chapter 368 of
46 the laws of 2015, is amended to read as follows:
47 § 230.33 Compelling prostitution.
48 A person is guilty of compelling prostitution when, being eighteen
49 years old or more, [he or she] the actor knowingly advances prostitution
50 by compelling a person less than eighteen years old, by force or intim-
51 idation, to engage in prostitution.
52 Compelling prostitution is a class B felony.
53 § 14. The opening paragraph of section 230.34 of the penal law, as
54 added by chapter 74 of the laws of 2007, is amended to read as follows:
55 A person is guilty of sex trafficking if [he or she] the actor inten-
56 tionally advances or profits from prostitution by:
A. 7175 6
1 § 15. Section 230.34-a of the penal law, as added by chapter 189 of
2 the laws of 2018, is amended to read as follows:
3 § 230.34-a Sex trafficking of a child.
4 [1.] A person is guilty of sex trafficking of a child when [he or she]
5 the actor, being twenty-one years old or more, intentionally advances or
6 profits from prostitution of another person and such person is a child
7 less than eighteen years old. Knowledge by the defendant of the age of
8 such child is not an element of this offense and it is not a defense to
9 a prosecution therefor that the defendant did not know the age of the
10 child or believed such age to be eighteen or over.
11 [2. For purposes of this section:
12 (a) A person "advances prostitution" when, acting other than as a
13 person in prostitution or as a patron thereof, and with intent to cause
14 prostitution, he or she directly engages in conduct that facilitates an
15 act or enterprise of prostitution.
16 (b) A person "profits from prostitution" when, acting other than as a
17 person in prostitution receiving compensation for personally rendered
18 prostitution services, and with intent to facilitate prostitution, he or
19 she accepts or receives money or other property pursuant to an agreement
20 or understanding with any person whereby he or she participates in the
21 proceeds of prostitution activity.]
22 Sex trafficking of a child is a class B felony.
23 § 16. Section 230.35 of the penal law, as amended by chapter 368 of
24 the laws of 2015, is amended to read as follows:
25 § 230.35 Promoting or compelling prostitution; accomplice.
26 In a prosecution for promoting prostitution or compelling prostitu-
27 tion, a person [less than eighteen years old] from whose prostitution
28 activity another person is alleged to have advanced or attempted to
29 advance or profited or attempted to profit shall not be deemed to be an
30 accomplice.
31 § 17. Section 230.40 of the penal law, the opening paragraph as
32 amended by chapter 368 of the laws of 2015, is amended to read as
33 follows:
34 § 230.40 Permitting prostitution.
35 A person is guilty of permitting prostitution when, having possession
36 or control of premises or vehicle which [he or she] the actor knows are
37 being used for prostitution purposes or for the purpose of advancing
38 prostitution, [he or she] in violation of this article, the actor fails
39 to make reasonable effort to halt or abate such use.
40 Permitting prostitution is a class B misdemeanor.
41 § 18. This act shall take effect on the thirtieth day after it shall
42 have become a law.
43 PART B
44 ELIMINATING PRIOR CRIMINAL RECORDS AND OTHER RELATED PROVISIONS
45 Section 1. Subdivision 3 of section 160.50 of the criminal procedure
46 law is amended by adding a new paragraph (m) to read as follows:
47 (m) The accusatory instrument alleged a violation of article two
48 hundred thirty, as in effect prior to the effective date of this para-
49 graph, or section 240.37 of the penal law, as in effect prior to Febru-
50 ary second, two thousand twenty-one, and the accusatory instrument,
51 initially or as amended, does not allege conduct that is an offense
52 under law in effect on and after the effective date of this paragraph.
53 No defendant shall be required or permitted to waive eligibility for
54 sealing pursuant to this paragraph as part of a plea of guilty, a
A. 7175 7
1 sentence or any agreement related to a conviction or other disposition.
2 Any such waiver shall be deemed void and wholly unenforceable.
3 § 2. Section 160.50 of the criminal procedure law is amended by adding
4 a new subdivision 6 to read as follows:
5 6. A person in whose favor a criminal action or proceeding was termi-
6 nated, as defined in paragraph (m) of subdivision three of this section,
7 may upon motion apply to the court in which such termination occurred,
8 upon not less than twenty days notice to the district attorney, for an
9 order granting to such person the relief set forth in subdivision one of
10 this section, and such order shall be granted unless the district attor-
11 ney demonstrates to the satisfaction of the court that the interests of
12 justice require otherwise.
13 § 3. Paragraph (k) of subdivision 1 of section 440.10 of the criminal
14 procedure law, as amended by chapter 92 of the laws of 2021, is amended
15 and a new subdivision (l) is added to read as follows:
16 (k) The judgment occurred prior to [the effective date of the laws of]
17 March thirty-first, two thousand twenty-one [that amended this para-
18 graph] and is a conviction for an offense as defined in subparagraphs
19 (i), (ii), (iii) or (iv) of paragraph (k) of subdivision three of
20 section 160.50 of this part, in which case the court shall presume that
21 a conviction by plea for the aforementioned offenses was not knowing,
22 voluntary and intelligent if it has severe or ongoing consequences,
23 including but not limited to potential or actual immigration conse-
24 quences, and shall presume that a conviction by verdict for the afore-
25 mentioned offenses constitutes cruel and unusual punishment under
26 section five of article one of the state constitution, based on those
27 consequences. The people may rebut these presumptions[.]; or
28 (1) The judgment is a conviction for a violation of article two
29 hundred thirty, as in effect prior to the effective date of this para-
30 graph, or section 240.37 of the penal law, as in effect prior to Febru-
31 ary second, two thousand twenty-one, provided that the court shall
32 decline to vacate any portion of the judgment of conviction that is for
33 conduct that is an offense under law in effect at the time of the
34 conduct and on and after the effective date of this paragraph.
35 § 4. Section 440.10 of the criminal procedure law is amended by adding
36 a new subdivision 6-a to read as follows:
37 6-a. If the court grants a motion under paragraph (l) of subdivision
38 one of this section, it must vacate the judgment and dismiss the accusa-
39 tory instrument, to the extent it has vacated the judgment, and may take
40 such additional action as is appropriate in the circumstances.
41 § 5. Subdivision 5 of section 1310 of the civil practice law and
42 rules, as added by chapter 669 of the laws of 1984, is amended to read
43 as follows:
44 5. "Post-conviction forfeiture crime" means any felony defined in the
45 penal law or any other chapter of the consolidated laws of the state.
46 However, this shall not include any felony under article two hundred
47 thirty of the penal law in effect prior to the effective date of a chap-
48 ter of the laws of two thousand twenty-three which amended this subdivi-
49 sion, unless it was also a felony under that article on or after that
50 date.
51 § 6. Section 60.47 of the criminal procedure law is REPEALED.
52 § 7. Subdivision 4 of section 170.30 of the criminal procedure law is
53 REPEALED.
54 § 8. Section 170.80 of the criminal procedure law is REPEALED.
A. 7175 8
1 § 9. Subdivision 2 of section 420.35 of the criminal procedure law, as
2 amended by chapter 23 of the laws of 2021, is amended to read as
3 follows:
4 2. Except as provided in this subdivision or subdivision two-a of this
5 section, under no circumstances shall the mandatory surcharge, sex
6 offender registration fee, DNA databank fee or the crime victim assist-
7 ance fee be waived. A court shall waive any mandatory surcharge, DNA
8 databank fee and crime victim assistance fee when: (i) the defendant is
9 convicted of [prostitution under section 230.00 of the penal law; (ii)
10 the defendant is convicted of a violation in the event such conviction
11 is in lieu of a plea to or conviction for prostitution under section
12 230.00 of the penal law; (iii)] a violation of article two hundred thir-
13 ty or section 240.37 of the penal law, as in effect prior to the effec-
14 tive date of a chapter of the laws of two thousand twenty-three which
15 amended this subdivision, unless the violation is an offense under law
16 in effect on and after that effective date; or the court finds that a
17 defendant is a victim of sex trafficking under section 230.34 of the
18 penal law, sex trafficking of a child under section 230.34-a of the
19 penal law, or [a victim of] trafficking in persons under the trafficking
20 victims protection act (United States Code, Title 22, Chapter 78)[; or
21 (iv) the court finds that the defendant is a victim of sex trafficking
22 of a child under section 230.34-a of the penal law].
23 § 10. Subdivision 4 of section 720.15 of the criminal procedure law is
24 REPEALED.
25 § 11. Subdivision 1 of section 720.35 of the criminal procedure law,
26 as amended by chapter 23 of the laws of 2021, is amended to read as
27 follows:
28 1. A youthful offender adjudication is not a judgment of conviction
29 for a crime or any other offense, and does not operate as a disquali-
30 fication of any person so adjudged to hold public office or public
31 employment or to receive any license granted by public authority but
32 shall be deemed a conviction only for the purposes of transfer of super-
33 vision and custody pursuant to section two hundred fifty-nine-m of the
34 executive law. [A defendant for whom a youthful offender adjudication
35 was substituted, who was originally charged with prostitution as defined
36 in section 230.00 of the penal law, shall be deemed a "sexually
37 exploited child" as defined in subdivision one of section four hundred
38 forty-seven-a of the social services law and therefore shall not be
39 considered an adult for purposes related to the charges in the youthful
40 offender proceeding or a proceeding under section 170.80 of this chap-
41 ter.]
42 § 12. The office of court administration shall establish and make
43 available all necessary forms for proceedings under this act no later
44 than sixty days following the effective date of this section.
45 § 13. This act shall take effect on the thirtieth day after it shall
46 have become a law.
47 PART C
48 OTHER CONFORMING CHANGES
49 Section 1. Subdivision 1 of section 12 of the multiple dwelling law is
50 amended to read as follows:
51 1. It shall be unlawful to use any multiple dwelling or any part of
52 the lot or premises thereof for the purpose of criminal conduct related
53 to prostitution [or assignation of any description] under article two
54 hundred thirty of the penal law. This subdivision shall only apply to
A. 7175 9
1 conduct involving prostitution activity in violation of article two
2 hundred thirty of the penal law on or after the effective date of a
3 chapter of the laws of two thousand twenty-three that amended this
4 subdivision.
5 § 2. Sections 351 and 352 of the multiple dwelling law, section 352 as
6 amended by chapter 310 of the laws of 1962, are amended to read as
7 follows:
8 § 351. Lien. A multiple dwelling shall be subject to a penalty of one
9 thousand dollars if it or any part of it shall be used as a house of
10 prostitution [or assignation] in violation of article two hundred thirty
11 of the penal law with the permission of the owner, and such penalty
12 shall be a lien upon the dwelling and lot upon which it is situated.
13 This section shall only apply to conduct involving prostitution activity
14 in violation of article two hundred thirty of the penal law on or after
15 the effective date of a chapter of the laws of two thousand twenty-three
16 that amended this section.
17 § 352. Recovery of premises. If a multiple dwelling, or any part
18 thereof, shall be used as a house of prostitution [or assignation] in
19 violation of article two hundred thirty of the penal law with the
20 permission of the lessee or [his] the lessee's agent, the lease shall be
21 terminable at the election of the lessor, and the owner shall be enti-
22 tled to recover possession of said premises by summary proceedings.
23 This section shall only apply to conduct involving prostitution activity
24 in violation of article two hundred thirty of the penal law on or after
25 the effective date of a chapter of the laws of two thousand twenty-three
26 that amended this section.
27 § 3. Section 2320 of the public health law is amended to read as
28 follows:
29 § 2320. Houses of prostitution; equipment; nuisance. 1. Whoever shall
30 erect, establish, continue, maintain, use, own, or lease any building,
31 erection, or place used for the purpose of [lewdness, assignation, or]
32 prostitution activity in violation of article two hundred thirty of the
33 penal law is guilty of maintaining a nuisance.
34 2. The building, erection, or place, or the ground itself, in or upon
35 which any [lewdness, assignation, or] prostitution activity in violation
36 of article two hundred thirty of the penal law is conducted, permitted,
37 or carried on, continued, or exists, and the furniture, fixtures,
38 musical instruments, and movable property used in conducting or main-
39 taining such nuisance, are hereby declared to be a nuisance and shall be
40 enjoined and abated as hereafter provided.
41 3. This article shall only apply to conduct involving prostitution
42 activity in violation of article two hundred thirty of the penal law on
43 or after the effective date of this subdivision.
44 § 4. Subdivision 5 of section 711 of the real property actions and
45 proceedings law, as added by section 312 of the laws of 1962, is amended
46 to read as follows:
47 5. The premises, or any part thereof, are used or occupied [as a
48 bawdy-house, or house or place of assignation for lewd persons, or] for
49 purposes of prostitution activity in violation of article two hundred
50 thirty of the penal law, or for any illegal trade or manufacture, or
51 other illegal business. As used in this subdivision, "prostitution
52 activity" shall only mean conduct in violation of article two hundred
53 thirty of the penal law on or after the effective date of a chapter of
54 the laws of two thousand twenty-three that amended this subdivision.
55 § 5. Subdivisions 1 and 2 of section 715 of the real property actions
56 and proceedings law, subdivision 1 as amended by chapter 555 of the laws
A. 7175 10
1 of 1978, subdivision 2 as amended by chapter 368 of the laws of 2015,
2 are amended to read as follows:
3 1. An owner or tenant, including a tenant of one or more rooms of an
4 apartment house, tenement house or multiple dwelling, of any premises
5 within two hundred feet from other demised real property [used or occu-
6 pied in whole or in part as a bawdy-house, or house or place of assigna-
7 tion for lewd persons, or] for purposes of prostitution activity in
8 violation of article two hundred thirty of the penal law, or for any
9 illegal trade, business or manufacture, or any domestic corporation
10 organized for the suppression of vice, subject to or which submits to
11 visitation by the state department of social services and possesses a
12 certificate from such department of such fact and of conformity with
13 regulations of the department, or any duly authorized enforcement agency
14 of the state or of a subdivision thereof, under a duty to enforce the
15 provisions of the penal law or of any state or local law, ordinance,
16 code, rule or regulation relating to buildings, may serve personally
17 upon the owner or landlord of the premises so used or occupied, or upon
18 [his] the lessee's agent, a written notice requiring the owner or land-
19 lord to make an application for the removal of the person so using or
20 occupying the same. If the owner or landlord or [his] the lessee's agent
21 does not make such application within five days thereafter; or, having
22 made it, does not in good faith diligently prosecute it, the person,
23 corporation or enforcement agency giving the notice may bring a proceed-
24 ing under this article for such removal as though the petitioner were
25 the owner or landlord of the premises, and shall have precedence over
26 any similar proceeding thereafter brought by such owner or landlord or
27 to one theretofore brought by [him] such owner or landlord and not pros-
28 ecuted diligently and in good faith. [Proof of the ill repute of the
29 demised premises or of the inmates thereof or of those resorting thereto
30 shall constitute presumptive evidence of the unlawful use of the demised
31 premises required to be stated in the petition for removal.] Both the
32 person in possession of the property and the owner or landlord shall be
33 made respondents in the proceeding. As used in this subdivision, "pros-
34 titution activity" shall only mean conduct in violation of article two
35 hundred thirty of the penal law on or after the effective date of a
36 chapter of the laws of two thousand twenty-three that amended this
37 subdivision.
38 2. For purposes of this section, two or more convictions of any person
39 or persons had, within a period of one year, for any of the offenses
40 described in section [230.00,] 230.05, 230.06, 230.11, 230.12, 230.13,
41 [230.20, 230.25,] 230.30, 230.32 or 230.40 of the penal law arising out
42 of conduct engaged in at the same real property consisting of a dwelling
43 as that term is defined in subdivision four of section four of the
44 multiple dwelling law shall be presumptive evidence of conduct consti-
45 tuting use of the premises for purposes of prostitution. However, this
46 subdivision shall only apply to an offense under article two hundred
47 thirty of the penal law in effect on or after the effective date of a
48 chapter of the laws of two thousand twenty-three that amended this
49 subdivision.
50 § 6. Subdivision 3 of section 231 of the real property law, as amended
51 by chapter 368 of the laws of 2015, is amended to read as follows:
52 3. For the purposes of this section, two or more convictions of any
53 person or persons had, within a period of one year, for any of the
54 offenses described in section [230.00,] 230.05, 230.06, 230.11, 230.12,
55 230.13, [230.20, 230.25,] 230.30, 230.32 or 230.40 of the penal law
56 arising out of conduct engaged in at the same premises consisting of a
A. 7175 11
1 dwelling as that term is defined in subdivision four of section four of
2 the multiple dwelling law shall be presumptive evidence of unlawful use
3 of such premises and of the owners knowledge of the same. However, this
4 subdivision shall only apply to an offense under article two hundred
5 thirty of the penal law in effect on or after the effective date of a
6 chapter of the laws of two thousand twenty-three that amended this
7 subdivision.
8 § 7. Paragraph 3 of subdivision b of section 233 of the real property
9 law, as amended by chapter 566 of the laws of 1996, is amended to read
10 as follows:
11 3. The premises, or any part thereof, are used or occupied [as a
12 bawdy-house, or house or place of assignation for lewd purposes or] for
13 purposes of prostitution activity in violation of article two hundred
14 thirty of the penal law, or for any illegal trade or business. As used
15 in this paragraph, "prostitution activity" shall only mean conduct in
16 violation of article two hundred thirty of the penal law on or after the
17 effective date of a chapter of the laws of two thousand twenty-three
18 that amended this paragraph.
19 § 8. Paragraphs (b) and (c) of subdivision 4 of section 509-cc of the
20 vehicle and traffic law, paragraph (b) as amended by chapter 400 of the
21 laws of 2011, paragraph (c) as amended by chapter 92 of the laws of
22 2021, are amended to read as follows:
23 (b) The offenses referred to in subparagraph (ii) of paragraph (a) of
24 subdivision one and paragraph (b) of subdivision two of this section
25 that result in permanent disqualification shall include a conviction
26 under sections 100.13, 105.15, 105.17, 115.08, 120.12, 120.70, 125.10,
27 125.11, 130.40, 130.53, 130.60, 130.65-a, 135.20, 160.15, 220.18,
28 220.21, 220.39, 220.41, 220.43, 220.44, [230.25,] 260.00, 265.04 of the
29 penal law or an attempt to commit any of the aforesaid offenses under
30 section 110.00 of the penal law, or any offenses committed under a
31 former section of the penal law which would constitute violations of the
32 aforesaid sections of the penal law, or any offenses committed outside
33 this state which would constitute violations of the aforesaid sections
34 of the penal law.
35 (c) The offenses referred to in subparagraph (i) of paragraph (b) of
36 subdivision one and subparagraph (i) of paragraph (c) of subdivision two
37 of this section that result in disqualification for a period of five
38 years shall include a conviction under sections 100.10, 105.13, 115.05,
39 120.03, 120.04, 120.04-a, 120.05, 120.10, 120.25, 121.12, 121.13,
40 [125.40, 125.45,] 130.20, 130.25, 130.52, 130.55, 135.10, 135.55,
41 140.17, 140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06,
42 220.09, 220.16, 220.31, 220.34, 220.60, 220.65, subdivision two of
43 section 222.50, subdivision two of section 222.55, [230.00,] 230.05,
44 230.06, 230.11, 230.12, 230.13, 230.19, [230.20,] 235.05, 235.06,
45 235.07, 235.21, 240.06, 245.00, 260.10, subdivision two of section
46 260.20 and sections 260.25, 265.02, 265.03, 265.08, 265.09, 265.10,
47 265.12, 265.35 of the penal law or an attempt to commit any of the afor-
48 esaid offenses under section 110.00 of the penal law, or any similar
49 offenses committed under a former section of the penal law, or any
50 offenses committed under a former section of the penal law which would
51 constitute violations of the aforesaid sections of the penal law, or any
52 offenses committed outside this state which would constitute violations
53 of the aforesaid sections of the penal law.
54 § 9. Subdivisions 1 and 2 of section 510-d of the vehicle and traffic
55 law, as amended by chapter 189 of the laws of 2018, are amended to read
56 as follows:
A. 7175 12
1 1. A class E driver's license shall be suspended by the commissioner
2 for a period of one year where the holder is convicted of a violation of
3 section [230.20, 230.25,] 230.30, 230.32, 230.34, 230.34-a or 230.40 of
4 the penal law and the holder used a for hire motor vehicle to commit
5 such crime.
6 2. A class E driver's license may be revoked by the commissioner when
7 the holder, who had his or her driver's license suspended under subdivi-
8 sion one of this section within the last ten years, is convicted of a
9 second violation of section [230.20, 230.25,] 230.30, 230.32, 230.34,
10 230.34-a or 230.40 of the penal law and the holder used a for hire motor
11 vehicle to commit such crime.
12 § 10. Subdivision (a) of section 7-703 of the administrative code of
13 the city of New York is amended to read as follows:
14 (a) Any building, erection or place, including one- or two-family
15 dwellings, used for the purpose of prostitution [as defined in section
16 230.00] activity in violation of article two hundred thirty of the penal
17 law. Two or more criminal convictions of persons for [acts of] prostitu-
18 tion activity in violation of article two hundred thirty of the penal
19 law in the building, erection or place, including one- or two-family
20 dwellings, within the one-year period preceding the commencement of an
21 action under this chapter, shall be presumptive evidence that the build-
22 ing, erection or place, including one- or two-family dwellings, is a
23 public nuisance. In any action under this subdivision, evidence of the
24 common fame and general reputation of the building, erection or place,
25 including one- or two-family dwellings, of the inmates or occupants
26 thereof, or of those resorting thereto, shall be competent evidence to
27 prove the existence of the public nuisance. If evidence of the general
28 reputation of the building, erection or place, including one- or two-fa-
29 mily dwellings, or of the inmates or occupants thereof, is sufficient to
30 establish the existence of the public nuisance, it shall be prima facie
31 evidence of knowledge thereof and acquiescence and participation therein
32 and responsibility for the nuisance, on the part of the owners, lessors,
33 lessees and all those in possession of or having charge of, as agent or
34 otherwise, or having any interest in any form in the property, real or
35 personal, used in conducting or maintaining the public nuisance. As used
36 in this subdivision, "prostitution activity" shall only mean conduct in
37 violation of article two hundred thirty of the penal law on or after the
38 effective date of a chapter of the laws of two thousand twenty-three
39 that amended this subdivision;
40 § 11. Subdivision f of section 20-247 of the administrative code of
41 the city of New York is amended to read as follows:
42 f. It shall be unlawful for any licensee to guide or direct any person
43 to [a place of ill repute, house of ill fame or assignation, or to any
44 house or place of amusement kept for immoral purposes, or to] any place
45 resorted to for the purpose of prostitution activity in violation of
46 article two hundred thirty of the penal law or gambling. It shall be
47 unlawful for any such licensee to impart any information as to the
48 location or address of any such houses or places, or to solicit the
49 patronage of any person or persons for any hotel, lodging house or
50 boarding house or place of temporary or permanent abode, or for any
51 place where refreshments are served or amusement of any type provided.
52 As used in this subdivision, "prostitution activity" shall only mean
53 conduct in violation of article two hundred thirty of the penal law on
54 or after the effective date of a chapter of the laws of two thousand
55 twenty-three that amended this subdivision.
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1 § 12. This act shall take effect on the thirtieth day after it shall
2 have become a law.
3 § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
4 sion, section or part of this act shall be adjudged by a court of compo-
5 nent jurisdiction to be invalid, such judgment shall not affect, impair
6 or invalidate the remainder thereof, but shall be confined in its opera-
7 tion to the clause, sentence, paragraph, subdivision, section or part
8 thereof directly involved in the controversy in which such judgment
9 shall have been rendered. It is hereby declared to be the intent of the
10 legislature that this act would have been enacted even if such invalid
11 provisions had not been included herein.
12 § 3. This act shall take effect immediately; provided, however, that
13 the applicable effective date of Parts A through C of this act shall be
14 as specifically set forth in the last section of such Parts.
