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A09704 Summary:

BILL NOA09704A
 
SAME ASSAME AS S08107-A
 
SPONSORPaulin (MS)
 
COSPNSRSeawright, Dickens, Dinowitz, D'Urso, Galef, Gottfried, Hooper, Jaffee, Jenne, Joyner, Pichardo, Rosenthal L, Simon, Steck, Errigo, Niou, Hevesi
 
MLTSPNSRDe La Rosa, Magee
 
Rpld 240.37, amd 230.01, Pen L; amd 60.47, 160.10, 170.30, 170.80, 420.35, 720.15 & 720.35, CP L; amd 447-a, Soc Serv L; amd 3-118, NYC Ad Cd
 
Repeals provisions relating to loitering for the purpose of engaging in a prostitution offense; makes technical corrections relating thereto.
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A09704 Actions:

BILL NOA09704A
 
02/02/2018referred to codes
04/30/2018amend and recommit to codes
04/30/2018print number 9704a
05/08/2018reported
05/10/2018advanced to third reading cal.882
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A09704 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9704--A
 
                   IN ASSEMBLY
 
                                    February 2, 2018
                                       ___________
 
        Introduced  by  M.  of  A. PAULIN, SEAWRIGHT, DICKENS, DINOWITZ, D'URSO,
          GALEF, GOTTFRIED, HOOPER, JAFFEE, JENNE, JOYNER,  PICHARDO,  L. ROSEN-
          THAL,  SIMON,  STECK,  ERRIGO,  NIOU -- Multi-Sponsored by -- M. of A.
          DE LA ROSA, MAGEE -- read once and referred to the Committee on  Codes
          --  committee  discharged,  bill amended, ordered reprinted as amended
          and recommitted to said committee

        AN ACT to repeal section 240.37 of the penal law, relating to  loitering
          for  the  purpose  of engaging in a prostitution offense; and to amend
          the penal law, the criminal procedure law, the social services law and
          the administrative code of the city of New York, in relation to making
          technical corrections relating thereto
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. The repeal of section 240.37 of the penal law, as effected
     2  by section two of this act, is hereby declared to be  ameliorative,  and
     3  it  is  the  intent  of  the  legislature that no prosecution under such
     4  section be commenced, continued, or refiled.
     5    § 2. Section 240.37 of the penal law is REPEALED.
     6    § 3. Section 230.01 of the penal law, as added by chapter 368  of  the
     7  laws of 2015, is amended to read as follows:
     8  § 230.01 Prostitution; affirmative defense.
     9    In  any  prosecution  under  section  230.00[,]  or section 230.03 [or
    10  subdivision two of section 240.37] of this part, it  is  an  affirmative
    11  defense  that  the defendant's participation in the offense was a result
    12  of having been a victim of compelling prostitution under section 230.33,
    13  a victim of sex trafficking under section 230.34 of this  article  or  a
    14  victim   of   trafficking  in  persons  under  the  trafficking  victims
    15  protection act (United States Code, Title 22, Chapter 78).
    16    § 4. Section 60.47 of the criminal procedure law, as added by  section
    17  2  of  part  I  of chapter 57 of the laws of 2015, is amended to read as
    18  follows:
    19  § 60.47 Possession of condoms; receipt into evidence.
    20    Evidence that a person was in possession of one or  more  condoms  may
    21  not  be  admitted at any trial, hearing, or other proceeding in a prose-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13841-03-8

        A. 9704--A                          2
 
     1  cution for section 230.00 [or section 240.37] of the penal law  for  the
     2  purpose  of  establishing  probable  cause  for an arrest or proving any
     3  person's commission or attempted commission of such offense.
     4    §  5. Paragraphs (c) and (d) of subdivision 1 of section 160.10 of the
     5  criminal procedure law, paragraph (c) as amended by chapter 762  of  the
     6  laws  of 1971 and paragraph (d) as amended by chapter 232 of the laws of
     7  2010, are amended to read as follows:
     8    (c) A misdemeanor defined outside the penal law which would constitute
     9  a felony if such person had a previous  judgment  of  conviction  for  a
    10  crime[; or
    11    (d) Loitering for the purpose of engaging in a prostitution offense as
    12  defined in subdivision two of section 240.37 of the penal law].
    13    § 6. Subdivision 4 of section 170.30 of the criminal procedure law, as
    14  added by chapter 402 of the laws of 2014, is amended to read as follows:
    15    4.  After arraignment upon an information, a simplified information, a
    16  prosecutor's information or misdemeanor complaint on a charge of prosti-
    17  tution pursuant to section 230.00 of the penal law [or loitering for the
    18  purposes of prostitution pursuant to subdivision two of  section  240.37
    19  of  the  penal law, provided that the person does not stand charged with
    20  loitering for the  purpose  of  patronizing  a  prostitute,  where  such
    21  offense  allegedly  occurred  when  the  person was sixteen or seventeen
    22  years of age,] the local criminal court may dismiss such charge  in  its
    23  discretion  in  the  interest  of justice on the ground that a defendant
    24  participated in services provided to him or her.
    25    § 7. The opening paragraph of subdivision 1 of section 170.80  of  the
    26  criminal  procedure  law, as amended by chapter 402 of the laws of 2014,
    27  is amended to read as follows:
    28    Notwithstanding any other provision of law, at any time  at  or  after
    29  arraignment  on  a  charge of prostitution pursuant to section 230.00 of
    30  the penal law [or loitering for the purposes of prostitution pursuant to
    31  subdivision two of section 240.37 of the penal law,  provided  that  the
    32  person  does not stand charged with loitering for the purpose of patron-
    33  izing a prostitute, where  such  offense  allegedly  occurred  when  the
    34  person  was  sixteen  or  seventeen  years  of  age except where], after
    35  consultation with counsel, a knowing and voluntary plea  of  guilty  has
    36  been  entered  to such charge, any judge or justice hearing any stage of
    37  such case may, upon consent of the  defendant  after  consultation  with
    38  counsel:
    39    § 8. Subdivision 2 of section 420.35 of the criminal procedure law, as
    40  amended  by  chapter  426  of  the  laws  of 2015, is amended to read as
    41  follows:
    42    2. Under no circumstances shall the mandatory surcharge, sex  offender
    43  registration fee, DNA databank fee or the crime victim assistance fee be
    44  waived  provided,  however,  that  a  court  may  waive the crime victim
    45  assistance fee if such defendant is an  eligible  youth  as  defined  in
    46  subdivision two of section 720.10 of this chapter, and the imposition of
    47  such  fee  would  work an unreasonable hardship on the defendant, his or
    48  her immediate family, or any other  person  who  is  dependent  on  such
    49  defendant  for  financial  support.  A  court  shall waive any mandatory
    50  surcharge, DNA databank fee and crime victim assistance  fee  when:  (i)
    51  [the  defendant is convicted of loitering for the purpose of engaging in
    52  prostitution under section 240.37 of the penal law  (provided  that  the
    53  defendant  was not convicted of loitering for the purpose of patronizing
    54  a person for prostitution); (ii)] the defendant is convicted of  prosti-
    55  tution under section 230.00 of the penal law; [(iii)] (ii) the defendant
    56  is convicted of a violation in the event such conviction is in lieu of a

        A. 9704--A                          3
 
     1  plea  to  or  conviction  for  [loitering for the purpose of engaging in
     2  prostitution under section 240.37 of the penal law  (provided  that  the
     3  defendant was not alleged to be loitering for the purpose of patronizing
     4  a  person for prostitution) or] prostitution under section 230.00 of the
     5  penal law; or [(iv)] (iii) the court finds that a defendant is a  victim
     6  of  sex trafficking under section 230.34 of the penal law or a victim of
     7  trafficking in persons under  the  trafficking  victims  protection  act
     8  (United States Code, Title 22, Chapter 78).
     9    § 9. Subdivision 4 of section 720.15 of the criminal procedure law, as
    10  added by chapter 402 of the laws of 2014, is amended to read as follows:
    11    4.  Notwithstanding  any  provision  in this article, a person charged
    12  with prostitution as defined in section 230.00  of  the  penal  law  [or
    13  loitering for the purposes of prostitution as defined in subdivision two
    14  of  section  240.37  of the penal law, provided that the person does not
    15  stand charged with loitering for the purpose of  patronizing  a  prosti-
    16  tute,  and  such  person  is aged sixteen or seventeen when such offense
    17  occurred,] regardless of whether such person (i) had prior to  commence-
    18  ment  of trial or entry of a plea of guilty been convicted of a crime or
    19  found a youthful offender, or (ii) subsequent  to  such  conviction  for
    20  prostitution  [or loitering for prostitution] is convicted of a crime or
    21  found a youthful offender, the provisions of subdivisions one and two of
    22  this section requiring or authorizing the  accusatory  instrument  filed
    23  against a youth to be sealed, and the arraignment and all proceedings in
    24  the action to be conducted in private shall apply.
    25    §  10.  Subdivision 1 of section 720.35 of the criminal procedure law,
    26  as amended by chapter 402 of the laws of 2014, 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 was
    35  substituted, who was originally charged with prostitution as defined  in
    36  section  230.00 of the penal law [or loitering for the purposes of pros-
    37  titution as defined in subdivision two of section 240.37  of  the  penal
    38  law  provided  that the person does not stand charged with loitering for
    39  the purpose of  patronizing  a  prostitute,  for  an  offense  allegedly
    40  committed  when  he or she was sixteen or seventeen years of age], shall
    41  be deemed a "sexually exploited child" as defined in subdivision one  of
    42  section four hundred forty-seven-a of the social services law and there-
    43  fore shall not be considered an adult for purposes related to the charg-
    44  es  in  the  youthful  offender proceeding or a proceeding under section
    45  170.80 of this chapter.
    46    § 11. Paragraphs (c) and (d) of subdivision 1 of section 447-a of  the
    47  social  services law, as amended by section 1 of part G of chapter 58 of
    48  the laws of 2010, are amended to read as follows:
    49    (c) is a victim of the crime of compelling prostitution as defined  in
    50  section 230.33 of the penal law;
    51    (d)  engages  in  acts  or  conduct  described  in article two hundred
    52  sixty-three [or section 240.37] of the penal law.
    53    § 12. The third undesignated paragraph of  subdivision  a  of  section
    54  3-118  of  the  administrative code of the city of New York, as added by
    55  local law number 39 of the city of  New  York  for  the  year  2016,  is
    56  amended to read as follows:

        A. 9704--A                          4

     1    Sexually  exploited  youth.  The term "sexually exploited youth" means
     2  persons under the age of 18 who have been subject to sexual exploitation
     3  because they (a) are the victim of  the  crime  of  sex  trafficking  as
     4  defined  in  section  230.34  of the penal law; (b) engage in any act as
     5  defined  in  section  230.00  of  the penal law; (c) are a victim of the
     6  crime of compelling prostitution as defined in  section  230.33  of  the
     7  penal law; or (d) engage in acts or conduct described in article 263 [or
     8  section 240.37] of the penal law. The term shall also mean persons under
     9  the  age  of  18  who  have  been subject to incest in the third degree,
    10  second degree or first degree, as defined in  sections  255.25,  255.26,
    11  and  255.27  of  the penal law, respectively, or any of the sex offenses
    12  enumerated in article 130 of the penal law.
    13    § 13. This act shall take effect immediately.
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