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S06419 Summary:

BILL NOS06419
 
SAME ASSAME AS UNI. A08230
 
SPONSORSALAZAR
 
COSPNSRRAMOS
 
MLTSPNSR
 
Rpld 230.02, 230.15, 230.20, 230.25 & 240.37, Pen L; rpld 60.47 & 170.80, 170.30 sub 4, 720.15 sub 4, CP L; amd Various Laws, generally
 
Decriminalizes certain prostitution offenses; amends provisions relating to prosecution of such offenses and vacating judgments.
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S06419 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 6419                                                  A. 8230
 
                               2019-2020 Regular Sessions
 
                SENATE - ASSEMBLY
 
                                      June 10, 2019
                                       ___________
 
        IN  SENATE  --  Introduced  by  Sens.  SALAZAR,  RAMOS -- read twice and
          ordered printed, and when printed to be committed to the Committee  on
          Rules
 
        IN  ASSEMBLY -- Introduced by M. of A. GOTTFRIED, NIOU, KIM, QUART, CRUZ
          -- read once and referred 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, the civil practice  law
          and rules, the social services law, and the administrative code of the
          city  of  New  York, 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.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13065-01-9

        S. 6419                             2                            A. 8230
 
     1                                   PART A
     2                              DECRIMINALIZATION
 
     3    Section  1. Section 230.00 of the penal law, as amended by chapter 169
     4  of the laws of 1969, is amended to read as follows:
     5  § 230.00 Prostitution; definitions.
     6    [A person is guilty of prostitution when such person engages or agrees
     7  or offers to engage in sexual conduct with another person in return  for
     8  a fee.
     9    Prostitution is a class B Misdemeanor]
    10    As  used in this chapter, the following terms have the following mean-
    11  ings:
    12    1. "Prostitution" means engaging  or  agreeing  to  engage  in  sexual
    13  conduct with another person in return for a fee.
    14    2.  A person "patronizes a person for prostitution" when: (a) pursuant
    15  to a prior understanding, the actor pays a  fee  to  another  person  as
    16  compensation  for  such other person or a third person having engaged in
    17  sexual conduct with the actor; or
    18    (b) the person pays or agrees to pay a fee to another person  pursuant
    19  to an understanding that in return therefor such other person or a third
    20  person will engage in sexual conduct with the actor; or
    21    (c) the person solicits or requests another person to engage in sexual
    22  conduct with the actor in return for a fee.
    23    3.  "Person  who  is  patronized" means the person with whom the actor
    24  engaged in sexual conduct or was  to  have  engaged  in  sexual  conduct
    25  pursuant  to  the  understanding,  or  the  person  who was solicited or
    26  requested by the actor to engage in sexual conduct.
    27    4. "School zone" means (a) in or on or within any building, structure,
    28  athletic playing field, playground or land  contained  within  the  real
    29  property  boundary  line  of  a public or private elementary, parochial,
    30  intermediate, junior high, vocational, or high school, or (b) any public
    31  sidewalk, street, parking lot, park, playground or private land, located
    32  immediately adjacent to the boundary line of such school.
    33    5. (a) "Advance prostitution." A person "advances prostitution"  when,
    34  acting  other  than  as a person in prostitution or as a patron thereof,
    35  and with intent to cause prostitution, the  actor  directly  engages  in
    36  conduct that facilitates an act or enterprise of prostitution.
    37    (b)  Conduct  by  a  person  under  twenty-one  years of age shall not
    38  constitute advancing prostitution  unless  the  person  participated  in
    39  compulsion by force or intimidation or in sex trafficking, or the person
    40  whose prostitution was advanced is under seventeen years of age.
    41    6.  "Profit  from  prostitution."  A  person profits from prostitution
    42  when, acting other than as a person in  prostitution  receiving  compen-
    43  sation  for personally rendered prostitution services, the actor accepts
    44  or receives money or other property pursuant to an agreement  or  under-
    45  standing with any person whereby the actor participates or is to partic-
    46  ipate in the proceeds of prostitution activity.
    47    § 2. Section 230.01 of the penal law, as amended by chapter 189 of the
    48  laws of 2018, is amended to read as follows:
    49  § 230.01 Prostitution; affirmative defense.
    50    In  any  prosecution  under  [section 230.00,] section 230.03, section
    51  230.19, [230.20, subdivision 2 of  section  230.25,]  subdivision  2  of
    52  section  230.30,  or  section  230.34-a  [or  subdivision two of section
    53  240.37] of this [part] article, it is an affirmative  defense  that  the
    54  defendant's  participation  in the offense was a result of having been a
    55  victim of compelling prostitution under section 230.33, a victim of  sex

        S. 6419                             3                            A. 8230
 
     1  trafficking  under section 230.34 of this article, a victim of sex traf-
     2  ficking of a child under section 230.34-a of this article or a victim of
     3  trafficking in persons under  the  trafficking  victims  protection  act
     4  (United States Code, Title 22, Chapter 78).
     5    § 3. Section 230.02 of the penal law is REPEALED.
     6    §  4.  Section 230.03 of the penal law, as added by chapter 191 of the
     7  laws of 2011, subdivision 2 as amended by chapter 368  of  the  laws  of
     8  2015, is amended to read as follows:
     9  § 230.03 Prostitution in a school zone.
    10    [1.]  A  person is guilty of prostitution in a school zone when, being
    11  nineteen years of age or older, and acting during the hours that  school
    12  is in session, [he or she] the actor commits [the crime] an act of pros-
    13  titution  [in  violation  of  section 230.00 of this article] at a place
    14  that [he or she] the actor knows, or reasonably should  know,  is  in  a
    15  school zone, and [he or she] the actor knows, or reasonably should know,
    16  that  such  act  of  prostitution  is within the direct view of children
    17  attending such school.
    18    [2. For the purposes of  this  section,  section  230.08  and  section
    19  230.19  of  this article, "school zone" means (a) in or on or within any
    20  building,  structure,  athletic  playing  field,  playground   or   land
    21  contained  within the real property boundary line of a public or private
    22  elementary, parochial, intermediate, junior high,  vocational,  or  high
    23  school,  or  (b)  any  public sidewalk, street, parking lot, park, play-
    24  ground or private land, located immediately  adjacent  to  the  boundary
    25  line of such school.]
    26    Prostitution in a school zone is a class A misdemeanor.
    27    §  5.  Sections 230.04, 230.05, 230.06, 230.07 and 230.08 of the penal
    28  law, as amended by chapter 368 of the laws of 2015, are amended to  read
    29  as follows:
    30  § 230.04 Patronizing a person for prostitution in the third degree.
    31    A  person  is  guilty  of patronizing a person for prostitution in the
    32  third degree when [he or she] the actor patronizes a person for  prosti-
    33  tution and the person patronized is less than eighteen years old.
    34    Patronizing a person for prostitution in the third degree is a class A
    35  misdemeanor.
    36  § 230.05 Patronizing a person for prostitution in the second degree.
    37    A  person  is  guilty  of patronizing a person for prostitution in the
    38  second degree when, being eighteen years old or more, [he  or  she]  the
    39  actor  patronizes a person for prostitution and the person patronized is
    40  less than fifteen years old.
    41    Patronizing a person for prostitution in the second degree is a  class
    42  E felony.
    43  § 230.06 Patronizing a person for prostitution in the first degree.
    44    A  person  is  guilty  of patronizing a person for prostitution in the
    45  first degree when:
    46    1. [He or she] The actor patronizes a person for prostitution and  the
    47  person patronized is less than eleven years old; or
    48    2.  Being eighteen years old or more, [he or she] the actor patronizes
    49  a person for prostitution and the person patronized is less  than  thir-
    50  teen years old.
    51    Patronizing a person for prostitution in the first degree is a class D
    52  felony.
    53  § 230.07 Patronizing a person for prostitution; defense.
    54    In  any  prosecution  for patronizing a person for prostitution in the
    55  first [or], second or third degrees or patronizing a person for  prosti-
    56  tution in a school zone, it is a defense that the defendant did not have

        S. 6419                             4                            A. 8230

     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

        S. 6419                             5                            A. 8230
 
     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:

        S. 6419                             6                            A. 8230
 
     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. Section 240.37 of the penal law is REPEALED.
    42    § 19. This act shall take effect on the thirtieth day after  it  shall
    43  have become a law.
 
    44                                   PART B
    45       ELIMINATING PRIOR CRIMINAL RECORDS AND OTHER RELATED PROVISIONS
 
    46    Section  1.  Subdivision 3 of section 160.50 of the criminal procedure
    47  law is amended by adding a new paragraph (m) to read as follows:
    48    (m) The accusatory instrument  alleged  a  violation  of  article  two
    49  hundred thirty or section 240.37 of the penal law, as in effect prior to
    50  the  effective  date  of  this paragraph, 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

        S. 6419                             7                            A. 8230
 
     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 5 to read as follows:
     5    5.  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 (j) of subdivision 1 of section 440.10 of the criminal
    14  procedure law, as amended by section 2 of part MMM of chapter 59 of  the
    15  laws  of  2019, is amended and a new subdivision (k) is added to read as
    16  follows:
    17    (j) The judgment is a conviction for a class A or unclassified  misde-
    18  meanor  entered prior to the effective date of this paragraph and satis-
    19  fies the ground prescribed in paragraph (h) of this subdivision.   There
    20  shall  be  a rebuttable presumption that a conviction by plea to such an
    21  offense was not knowing, voluntary and  intelligent,  based  on  ongoing
    22  collateral  consequences,  including  potential  or  actual  immigration
    23  consequences, and  there  shall  be  a  rebuttable  presumption  that  a
    24  conviction  by  verdict  constitutes  cruel and unusual punishment under
    25  section five of article one of the  state  constitution  based  on  such
    26  consequences[.]; or
    27    (k)  The  judgment  is  a  conviction  for  a violation of article two
    28  hundred thirty or section 240.37 of the penal law, as in effect prior to
    29  the effective date of this paragraph,  provided  that  the  court  shall
    30  decline  to vacate any portion of the judgment of conviction that is for
    31  conduct that is an offense under law  in  effect  at  the  time  of  the
    32  conduct and on and after the effective date of this paragraph.
    33    § 4. Section 440.10 of the criminal procedure law is amended by adding
    34  a new subdivision 6-a to read as follows:
    35    6-a.  If  the court grants a motion under paragraph (k) of subdivision
    36  one of this section, it must vacate the judgment and dismiss the accusa-
    37  tory instrument, to the extent it has vacated the judgment, and may take
    38  such additional action as is appropriate in the circumstances.
    39    § 5. Subdivision 5 of section 1310  of  the  civil  practice  law  and
    40  rules,  as  added by chapter 669 of the laws of 1984, is amended to read
    41  as follows:
    42    5. "Post-conviction forfeiture crime" means any felony defined in  the
    43  penal  law  or  any other chapter of the consolidated laws of the state.
    44  However, this shall not include any felony  under  article  two  hundred
    45  thirty of the penal law in effect prior to the effective date of a chap-
    46  ter of the laws of two thousand nineteen which amended this subdivision,
    47  unless it was also a felony under that article on or after that date.
    48    § 6. Section 60.47 of the criminal procedure law is REPEALED.
    49    §  7. Paragraphs (c) and (d) of subdivision 1 of section 160.10 of the
    50  criminal procedure law, paragraph (c) as amended by chapter 762  of  the
    51  laws  of 1971 and paragraph (d) as amended by chapter 232 of the laws of
    52  2010, are amended to read as follows:
    53    (c) A misdemeanor defined outside the penal law which would constitute
    54  a felony if such person had a previous  judgment  of  conviction  for  a
    55  crime[; or

        S. 6419                             8                            A. 8230

     1    (d) Loitering for the purpose of engaging in a prostitution offense as
     2  defined in subdivision two of section 240.37 of the penal law].
     3    §  8. Subdivision 4 of section 170.30 of the criminal procedure law is
     4  REPEALED.
     5    § 9. Section 170.80 of the criminal procedure law is REPEALED.
     6    § 10. Subdivision 2 of section 420.35 of the criminal  procedure  law,
     7  as  amended  by  chapter  189 of the laws of 2018, is amended to read as
     8  follows:
     9    2. Under no circumstances shall the mandatory surcharge, sex  offender
    10  registration fee, DNA databank fee or the crime victim assistance fee be
    11  waived  provided,  however,  that  a  court  may  waive the crime victim
    12  assistance fee if such defendant is an  eligible  youth  as  defined  in
    13  subdivision two of section 720.10 of this chapter, and the imposition of
    14  such  fee  would  work an unreasonable hardship on the defendant, his or
    15  her immediate family, or any other  person  who  is  dependent  on  such
    16  defendant  for  financial  support.  A  court  shall waive any mandatory
    17  surcharge, DNA databank fee and crime victim assistance  fee  when:  (i)
    18  the  defendant is convicted of [loitering for the purpose of engaging in
    19  prostitution under section 240.37 of the penal law  (provided  that  the
    20  defendant  was not convicted of loitering for the purpose of patronizing
    21  a person for prostitution); (ii) the defendant is convicted of prostitu-
    22  tion under section 230.00 of the  penal  law;  (iii)  the  defendant  is
    23  convicted  of  a  violation in the event such conviction is in lieu of a
    24  plea to or conviction for loitering for the purpose of engaging in pros-
    25  titution under section 240.37  of  the  penal  law  (provided  that  the
    26  defendant was not alleged to be loitering for the purpose of patronizing
    27  a  person  for prostitution) or prostitution under section 230.00 of the
    28  penal law;] a violation of article two hundred thirty or section  240.37
    29  of  the penal law, as in effect prior to the effective date of a chapter
    30  of the laws of two thousand nineteen  which  amended  this  subdivision,
    31  unless the violation is an offense under law in effect on and after that
    32  effective  date  or  [(iv)]  (ii)  the court finds that a defendant is a
    33  victim of sex trafficking under section 230.34 of  the  penal  law,  sex
    34  trafficking  of  a  child under section 230.34-a of the penal law, or [a
    35  victim  of]  trafficking  in  persons  under  the  trafficking   victims
    36  protection  act  (United States Code, Title 22, Chapter 78)[; or (v) the
    37  court finds that the defendant is a victim of sex trafficking of a child
    38  under section 230.34-a of the penal law].
    39    § 11. Subdivision 4 of section 720.15 of the criminal procedure law is
    40  REPEALED.
    41    § 12. Subdivision 1 of section 720.35 of the criminal  procedure  law,
    42  as  amended  by  chapter  402 of the laws of 2014, is amended to read as
    43  follows:
    44    1. A youthful offender adjudication is not a  judgment  of  conviction
    45  for  a  crime  or any other offense, and does not operate as a disquali-
    46  fication of any person so adjudged  to  hold  public  office  or  public
    47  employment  or  to  receive  any license granted by public authority but
    48  shall be deemed a conviction only for the purposes of transfer of super-
    49  vision and custody pursuant to section two hundred fifty-nine-m  of  the
    50  executive  law.  [A  defendant for whom a youthful offender adjudication
    51  was substituted, who was originally charged with prostitution as defined
    52  in section 230.00 of the penal law or  loitering  for  the  purposes  of
    53  prostitution  as  defined  in  subdivision  two of section 240.37 of the
    54  penal law provided that the person does not stand charged with loitering
    55  for the purpose of patronizing a prostitute, for  an  offense  allegedly
    56  committed when he or she was sixteen or seventeen years of age, shall be

        S. 6419                             9                            A. 8230

     1  deemed  a  "sexually  exploited  child" as defined in subdivision one of
     2  section four hundred forty-seven-a of the social services law and there-
     3  fore shall not be considered an adult for purposes related to the charg-
     4  es  in  the  youthful  offender proceeding or a proceeding under section
     5  170.80 of this chapter.]
     6    § 13. Paragraphs (c) and (d) of subdivision 1 of section 447-a of  the
     7  social  services law, as amended by chapter 189 of the laws of 2018, are
     8  amended to read as follows:
     9    (c) is a victim of the crime of compelling prostitution as defined  in
    10  section 230.33 of the penal law; or
    11    (d)  engages  in  acts  or  conduct  described  in article two hundred
    12  sixty-three [or section 240.37] of the penal law.
    13    § 14. The third undesignated paragraph of  subdivision  a  of  section
    14  3-118  of the administrative code of the city of New York, as amended by
    15  chapter 189 of the laws of 2018, is amended to read as follows:
    16    Sexually exploited youth. The term "sexually  exploited  youth"  means
    17  persons under the age of 18 who have been subject to sexual exploitation
    18  because  they  (a)  are  the  victim  of the crime of sex trafficking as
    19  defined in section 230.34 of the penal law; (b) engage  in  any  act  as
    20  defined  in  section  230.00  of  the penal law; (c) are a victim of the
    21  crime of compelling prostitution as defined in  section  230.33  of  the
    22  penal  law;  (d) are a victim of the crime of sex trafficking of a child
    23  as defined in section 230.34-a of the penal law; or (e) engage  in  acts
    24  or  conduct  described  in  article 263 [or section 240.37] of the penal
    25  law.  The term shall also mean persons under the age of 18 who have been
    26  subject to incest in the third degree, second degree or first degree, as
    27  defined in sections 255.25, 255.26, and 255.27 of the penal law, respec-
    28  tively, or any of the sex offenses enumerated  in  article  130  of  the
    29  penal law.
    30    §  15.  The  office  of  court administration shall establish and make
    31  available all necessary forms for proceedings under this  act  no  later
    32  than sixty days following the effective date of this section.
    33    §  16.  This act shall take effect on the thirtieth day after it shall
    34  have become a law.
 
    35                                   PART C
    36                          OTHER CONFORMING CHANGES

    37    Section 1. Subdivision 1 of section 12 of the multiple dwelling law is
    38  amended to read as follows:
    39    1. It shall be unlawful to use any multiple dwelling or  any  part  of
    40  the  lot or premises thereof for the purpose of criminal conduct related
    41  to prostitution [or assignation of any description]  under  article  two
    42  hundred  thirty  of  the penal law. This subdivision shall only apply to
    43  conduct involving prostitution activity  in  violation  of  article  two
    44  hundred  thirty  of  the  penal  law on or after the effective date of a
    45  chapter of the laws of two thousand nineteen that amended this  subdivi-
    46  sion.
    47    § 2. Sections 351 and 352 of the multiple dwelling law, section 352 as
    48  amended  by  chapter  310  of  the  laws of 1962, are amended to read as
    49  follows:
    50    § 351. Lien.  A multiple dwelling shall be subject to a penalty of one
    51  thousand dollars if it or any part of it shall be used  as  a  house  of
    52  prostitution [or assignation] in violation of article two hundred thirty
    53  of  the  penal  law  with  the permission of the owner, and such penalty
    54  shall be a lien upon the dwelling and lot upon  which  it  is  situated.

        S. 6419                            10                            A. 8230
 
     1  This section shall only apply to conduct involving prostitution activity
     2  in  violation of article two hundred thirty of the penal law on or after
     3  the effective date of a chapter of the laws  of  two  thousand  nineteen
     4  that amended this section.
     5    §  352.  Recovery  of  premises.   If a multiple dwelling, or any part
     6  thereof, shall be used as a house of prostitution  [or  assignation]  in
     7  violation  of  article  two  hundred  thirty  of  the penal law with the
     8  permission of the lessee or [his] the lessee's agent, the lease shall be
     9  terminable at the election of the lessor, and the owner shall  be  enti-
    10  tled  to  recover  possession  of  said premises by summary proceedings.
    11  This section shall only apply to conduct involving prostitution activity
    12  in violation of article two hundred thirty of the penal law on or  after
    13  the  effective  date  of  a chapter of the laws of two thousand nineteen
    14  that amended this section.
    15    § 3. Section 2320 of the public health  law  is  amended  to  read  as
    16  follows:
    17    § 2320. Houses of prostitution; equipment; nuisance.  1. Whoever shall
    18  erect,  establish,  continue, maintain, use, own, or lease any building,
    19  erection, or place used for the purpose of [lewdness,  assignation,  or]
    20  prostitution  activity in violation of article two hundred thirty of the
    21  penal law is guilty of maintaining a nuisance.
    22    2. The building, erection, or place, or the ground itself, in or  upon
    23  which any [lewdness, assignation, or] prostitution activity in violation
    24  of  article two hundred thirty of the penal law is conducted, permitted,
    25  or carried on,  continued,  or  exists,  and  the  furniture,  fixtures,
    26  musical  instruments,  and  movable property used in conducting or main-
    27  taining such nuisance, are hereby declared to be a nuisance and shall be
    28  enjoined and abated as hereafter provided.
    29    3. This article shall only apply  to  conduct  involving  prostitution
    30  activity  in violation of article two hundred thirty of the penal law on
    31  or after the effective date of this subdivision.
    32    § 4. Subdivision 5 of section 711 of the  real  property  actions  and
    33  proceedings law, as added by section 312 of the laws of 1962, is amended
    34  to read as follows:
    35    5.  The  premises,  or  any  part  thereof, are used or occupied [as a
    36  bawdy-house, or house or place of assignation for lewd persons, or]  for
    37  purposes  of  prostitution  activity in violation of article two hundred
    38  thirty of the penal law, or for any illegal  trade  or  manufacture,  or
    39  other  illegal  business.  As  used  in  this subdivision, "prostitution
    40  activity" shall only mean conduct in violation of  article  two  hundred
    41  thirty  of  the penal law on or after the effective date of a chapter of
    42  the laws of two thousand nineteen that amended this subdivision.
    43    § 5. Subdivisions 1 and 2 of section 715 of the real property  actions
    44  and proceedings law, subdivision 1 as amended by chapter 555 of the laws
    45  of  1978,  subdivision  2 as amended by chapter 368 of the laws of 2015,
    46  are amended to read as follows:
    47    1. An owner or tenant, including a tenant of one or more rooms  of  an
    48  apartment  house,  tenement  house or multiple dwelling, of any premises
    49  within two hundred feet from other demised real property [used or  occu-
    50  pied in whole or in part as a bawdy-house, or house or place of assigna-
    51  tion  for  lewd  persons,  or]  for purposes of prostitution activity in
    52  violation of article two hundred thirty of the penal  law,  or  for  any
    53  illegal  trade,  business  or  manufacture,  or any domestic corporation
    54  organized for the suppression of vice, subject to or  which  submits  to
    55  visitation  by  the  state department of social services and possesses a
    56  certificate from such department of such fact  and  of  conformity  with

        S. 6419                            11                            A. 8230
 
     1  regulations of the department, or any duly authorized enforcement agency
     2  of  the  state  or of a subdivision thereof, under a duty to enforce the
     3  provisions of the penal law or of any state  or  local  law,  ordinance,
     4  code,  rule  or  regulation  relating to buildings, may serve personally
     5  upon the owner or landlord of the premises so used or occupied, or  upon
     6  [his]  the lessee's agent, a written notice requiring the owner or land-
     7  lord to make an application for the removal of the person  so  using  or
     8  occupying the same. If the owner or landlord or [his] the lessee's agent
     9  does  not  make such application within five days thereafter; or, having
    10  made it, does not in good faith diligently  prosecute  it,  the  person,
    11  corporation or enforcement agency giving the notice may bring a proceed-
    12  ing  under  this  article for such removal as though the petitioner were
    13  the owner or landlord of the premises, and shall  have  precedence  over
    14  any  similar  proceeding thereafter brought by such owner or landlord or
    15  to one theretofore brought by [him] such owner or landlord and not pros-
    16  ecuted diligently and in good faith. [Proof of the  ill  repute  of  the
    17  demised premises or of the inmates thereof or of those resorting thereto
    18  shall constitute presumptive evidence of the unlawful use of the demised
    19  premises  required  to  be stated in the petition for removal.] Both the
    20  person in possession of the property and the owner or landlord shall  be
    21  made respondents in the proceeding.  As used in this subdivision, "pros-
    22  titution  activity"  shall only mean conduct in violation of article two
    23  hundred thirty of the penal law on or after  the  effective  date  of  a
    24  chapter  of the laws of two thousand nineteen that amended this subdivi-
    25  sion.
    26    2. For purposes of this section, two or more convictions of any person
    27  or persons had, within a period of one year, for  any  of  the  offenses
    28  described  in  section [230.00,] 230.05, 230.06, 230.11, 230.12, 230.13,
    29  [230.20, 230.25,] 230.30, 230.32 or 230.40 of the penal law arising  out
    30  of conduct engaged in at the same real property consisting of a dwelling
    31  as  that  term  is  defined  in  subdivision four of section four of the
    32  multiple dwelling law shall be presumptive evidence of  conduct  consti-
    33  tuting  use of the premises for purposes of prostitution.  However, this
    34  subdivision shall only apply to an offense  under  article  two  hundred
    35  thirty  of  the  penal law in effect on or after the effective date of a
    36  chapter of laws of two thousand nineteen that amended this subdivision.
    37    § 6. Subdivision 3 of section 231 of the real property law, as amended
    38  by chapter 368 of the laws of 2015, is amended to read as follows:
    39    3. For the purposes of this section, two or more  convictions  of  any
    40  person  or  persons  had,  within  a  period of one year, for any of the
    41  offenses described in section [230.00,] 230.05, 230.06, 230.11,  230.12,
    42  230.13,  [230.20,  230.25,]  230.30,  230.32  or 230.40 of the penal law
    43  arising out of conduct engaged in at the same premises consisting  of  a
    44  dwelling  as that term is defined in subdivision four of section four of
    45  the multiple dwelling law shall be presumptive evidence of unlawful  use
    46  of such premises and of the owners knowledge of the same.  However, this
    47  subdivision  shall  only  apply  to an offense under article two hundred
    48  thirty of the penal law in effect on or after the effective  date  of  a
    49  chapter  of the laws of two thousand nineteen that amended this subdivi-
    50  sion.
    51    § 7. Paragraph 3 of subdivision b of section 233 of the real  property
    52  law,  as added by chapter 566 of the laws of 1996, is amended to read as
    53  follows:
    54    3. The premises, or any part thereof,  are  used  or  occupied  [as  a
    55  bawdy-house,  or house or place of assignation for lewd purposes or] for
    56  purposes of prostitution activity in violation of  article  two  hundred

        S. 6419                            12                            A. 8230
 
     1  thirty  of  the penal law, or for any illegal trade or business. As used
     2  in this paragraph, "prostitution activity" shall only  mean  conduct  in
     3  violation of article two hundred thirty of the penal law on or after the
     4  effective  date  of  a chapter of the laws of two thousand nineteen that
     5  amended this paragraph.
     6    § 8. Paragraphs (b) and (c) of subdivision 4 of section 509-cc of  the
     7  vehicle  and traffic law, paragraph (b) as amended by chapter 400 of the
     8  laws of 2011, paragraph (c) as amended by chapter 368  of  the  laws  of
     9  2015, are amended to read as follows:
    10    (b)  The offenses referred to in subparagraph (ii) of paragraph (a) of
    11  subdivision one and paragraph (b) of subdivision  two  of  this  section
    12  that  result  in  permanent  disqualification shall include a conviction
    13  under sections 100.13, 105.15, 105.17, 115.08, 120.12,  120.70,  125.10,
    14  125.11,  130.40,  130.53,  130.60,  130.65-a,  135.20,  160.15,  220.18,
    15  220.21, 220.39, 220.41, 220.43, 220.44, [230.25,] 260.00, 265.04 of  the
    16  penal  law  or  an attempt to commit any of the aforesaid offenses under
    17  section 110.00 of the penal law,  or  any  offenses  committed  under  a
    18  former section of the penal law which would constitute violations of the
    19  aforesaid  sections  of the penal law, or any offenses committed outside
    20  this state which would constitute violations of the  aforesaid  sections
    21  of the penal law.
    22    (c)  The  offenses referred to in subparagraph (i) of paragraph (b) of
    23  subdivision one and subparagraph (i) of paragraph (c) of subdivision two
    24  of this section that result in disqualification for  a  period  of  five
    25  years  shall include a conviction under sections 100.10, 105.13, 115.05,
    26  120.03,  120.04,  120.04-a,  120.05,  120.10,  120.25,  121.12,  121.13,
    27  [125.40,  125.45,]  130.20,  130.25,  130.52,  130.55,  135.10,  135.55,
    28  140.17, 140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10,  220.06,
    29  220.09,  220.16, 220.31, 220.34, 220.60, 220.65, 221.30, 221.50, 221.55,
    30  [230.00,] 230.05, 230.06,  230.11,  230.12,  230.13,  230.19,  [230.20,]
    31  235.05,  235.06, 235.07, 235.21, 240.06, 245.00, 260.10, subdivision two
    32  of section 260.20 and sections 260.25, 265.02, 265.03,  265.08,  265.09,
    33  265.10,  265.12,  265.35 of the penal law or an attempt to commit any of
    34  the aforesaid offenses under section 110.00 of the  penal  law,  or  any
    35  similar  offenses  committed under a former section of the penal law, or
    36  any offenses committed under a former section of  the  penal  law  which
    37  would  constitute violations of the aforesaid sections of the penal law,
    38  or any offenses committed outside  this  state  which  would  constitute
    39  violations of the aforesaid sections of the penal law.
    40    §  9. Subdivisions 1 and 2 of section 510-d of the vehicle and traffic
    41  law, as amended by chapter 189 of the laws of 2018, are amended to  read
    42  as follows:
    43    1.  A  class E driver's license shall be suspended by the commissioner
    44  for a period of one year where the holder is convicted of a violation of
    45  section [230.20, 230.25,] 230.30, 230.32, 230.34, 230.34-a or 230.40  of
    46  the  penal  law  and  the holder used a for hire motor vehicle to commit
    47  such crime.
    48    2. A class E driver's license may be revoked by the commissioner  when
    49  the holder, who had his or her driver's license suspended under subdivi-
    50  sion  one  of  this section within the last ten years, is convicted of a
    51  second violation of section [230.20, 230.25,]  230.30,  230.32,  230.34,
    52  230.34-a or 230.40 of the penal law and the holder used a for hire motor
    53  vehicle to commit such crime.
    54    §  10.  Subdivision (a) of section 7-703 of the administrative code of
    55  the city of New York is amended to read as follows:

        S. 6419                            13                            A. 8230
 
     1    (a) Any building, erection or  place,  including  one-  or  two-family
     2  dwellings,  used  for the purpose of prostitution [as defined in section
     3  230.00] activity in violation of article two hundred thirty of the penal
     4  law. Two or more criminal convictions of persons for [acts of] prostitu-
     5  tion  activity  in  violation of article two hundred thirty of the penal
     6  law in the building, erection or place,  including  one-  or  two-family
     7  dwellings,  within  the one-year period preceding the commencement of an
     8  action under this chapter, shall be presumptive evidence that the build-
     9  ing, erection or place, including one- or  two-family  dwellings,  is  a
    10  public  nuisance.  In any action under this subdivision, evidence of the
    11  common fame and general reputation of the building, erection  or  place,
    12  including  one-  or  two-family  dwellings,  of the inmates or occupants
    13  thereof, or of those resorting thereto, shall be competent  evidence  to
    14  prove  the  existence of the public nuisance. If evidence of the general
    15  reputation of the building, erection or place, including one- or two-fa-
    16  mily dwellings, or of the inmates or occupants thereof, is sufficient to
    17  establish the existence of the public nuisance, it shall be prima  facie
    18  evidence of knowledge thereof and acquiescence and participation therein
    19  and responsibility for the nuisance, on the part of the owners, lessors,
    20  lessees  and all those in possession of or having charge of, as agent or
    21  otherwise, or having any interest in any form in the property,  real  or
    22  personal, used in conducting or maintaining the public nuisance. As used
    23  in  this subdivision, "prostitution activity" shall only mean conduct in
    24  violation of article two hundred thirty of the penal law on or after the
    25  effective date of a chapter of the laws of two  thousand  nineteen  that
    26  amended this subdivision;
    27    §  11.  Subdivision  f of section 20-247 of the administrative code of
    28  the city of New York is amended to read as follows:
    29    f. It shall be unlawful for any licensee to guide or direct any person
    30  to [a place of ill repute, house of ill fame or assignation, or  to  any
    31  house  or place of amusement kept for immoral purposes, or to] any place
    32  resorted to for the purpose of prostitution  activity  in  violation  of
    33  article  two  hundred  thirty  of the penal law or gambling. It shall be
    34  unlawful for any such licensee to  impart  any  information  as  to  the
    35  location  or  address  of  any  such houses or places, or to solicit the
    36  patronage of any person or persons  for  any  hotel,  lodging  house  or
    37  boarding  house  or  place  of  temporary or permanent abode, or for any
    38  place where refreshments are served or amusement of any  type  provided.
    39  As  used  in  this  subdivision, "prostitution activity" shall only mean
    40  conduct in violation of article two hundred thirty of the penal  law  on
    41  or  after  the  effective  date of a chapter of the laws of two thousand
    42  nineteen that amended this subdivision.
    43    § 12. This act shall take effect on the thirtieth day after  it  shall
    44  have become a law.
    45    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    46  sion, section or part of this act shall be adjudged by a court of compo-
    47  nent  jurisdiction to be invalid, such judgment shall not affect, impair
    48  or invalidate the remainder thereof, but shall be confined in its opera-
    49  tion to the clause, sentence, paragraph, subdivision,  section  or  part
    50  thereof  directly  involved  in  the  controversy in which such judgment
    51  shall have been rendered. It is hereby declared to be the intent of  the
    52  legislature  that  this act would have been enacted even if such invalid
    53  provisions had not been included herein.
    54    § 3. This act shall take effect immediately.
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