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A07175 Summary:

BILL NOA07175
 
SAME ASNo Same As
 
SPONSORJackson
 
COSPNSRGonzalez-Rojas, Forrest, Shrestha
 
MLTSPNSR
 
Rpld 230.02, 230.15, 230.20 & 230.25, 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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A07175 Actions:

BILL NOA07175
 
05/12/2023referred to codes
12/15/2023enacting clause stricken
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A07175 Memo:

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keep laws relating to minors or trafficking, and to provide for criminal record relief for people convicted of crimes repealed under this bill.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.
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A07175 Text:



 
                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.

        A. 7175                            13
 
     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.
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