S04396 Summary:

BILL NOS04396
 
SAME ASSAME AS A08605-A
 
SPONSORSALAZAR
 
COSPNSRBRISPORT, CLEARE, GONZALEZ, JACKSON, RAMOS, RIVERA, SEPULVEDA
 
MLTSPNSR
 
Rpld 230.02, 230.03, 230.15, 230.20, 230.25 & 230.40, amd Pen L, generally; rpld 60.47 & 170.80, 170.30 sub 4, 720.15 sub 4, amd 160.50, 440.10, 420.35 & 720.35, CP L; amd 1310, CPLR; amd 12, 351 & 352, Mult Dwell L; amd 2320, Pub Health L; amd 711 & 715, RPAP L; amd 231 & 233, RP L; amd 509-cc & 510-d, V & T L; amd 7-703 & 20-247, NYC Ad Cd
 
Decriminalizes certain prostitution offenses; amends provisions relating to prosecution of such offenses and vacating judgments.
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S04396 Actions:

BILL NOS04396
 
02/08/2023REFERRED TO CODES
01/03/2024REFERRED TO CODES
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S04396 Committee Votes:

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S04396 Floor Votes:

There are no votes for this bill in this legislative session.
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S04396 Text:



 
                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

        S. 4396                             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

        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:

        S. 4396                             4

     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.

        S. 4396                             5
 
     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.]

        S. 4396                             6
 
     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

        S. 4396                             7
 
     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

        S. 4396                             8
 
     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.
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