Bill Text: NY A04731 | 2019-2020 | General Assembly | Introduced

---

Bill Title: Makes promoting prostitution in the first degree and certain provisions of promoting prostitution in the second and third degrees violent felony offenses; increases the severity of the penalties for patronizing a prostitute and permitting prostitution; redesignates permitting prostitution as permitting prostitution in the second degree and establishes the class E felony of permitting prostitution when a child under 17 is being prostituted on the premises; designates permitting prostitution in the first degree as a sex offense for purposes of registration under the sex offender registration act.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-07-17 - held for consideration in codes [A04731 Detail]

Download: New_York-2019-A04731-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          4731
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 5, 2019
                                       ___________
        Introduced  by  M.  of  A.  MALLIOTAKIS -- read once and referred to the
          Committee on Codes
        AN ACT to amend the penal law, in relation  to  promoting  prostitution,
          patronizing a prostitute and permitting prostitution; and to amend the
          correction  law, in relation to designating permitting prostitution in
          the first degree as a sex offense for the purposes of the sex offender
          registration act
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Paragraphs  (a),  (b),  (c)  and  (d) of subdivision 1 of
     2  section 70.02 of the penal law, paragraph (a) as amended by chapter  189
     3  of the laws of 2018, paragraph (b) as amended by chapter 476 of the laws
     4  of 2018, paragraph (c) as amended by chapter 368 of the laws of 2015 and
     5  paragraph  (d)  as amended by chapter 7 of the laws of 2007, are amended
     6  to read as follows:
     7    (a) Class B violent felony offenses: an attempt to  commit  the  class
     8  A-I  felonies  of  murder  in  the  second  degree as defined in section
     9  125.25, kidnapping in the first degree as defined in section 135.25, and
    10  arson in the first degree as defined in section 150.20; manslaughter  in
    11  the  first  degree as defined in section 125.20, aggravated manslaughter
    12  in the first degree as defined in section  125.22,  rape  in  the  first
    13  degree  as  defined  in section 130.35, criminal sexual act in the first
    14  degree as defined in section 130.50,  aggravated  sexual  abuse  in  the
    15  first  degree  as  defined  in  section 130.70, course of sexual conduct
    16  against a child in the first degree as  defined  in  section  130.75[;],
    17  promoting prostitution in the first degree as defined in section 230.32,
    18  assault  in the first degree as defined in section 120.10, kidnapping in
    19  the second degree as defined in section 135.20, burglary  in  the  first
    20  degree  as  defined  in  section  140.30,  arson in the second degree as
    21  defined in section 150.15, robbery in the first  degree  as  defined  in
    22  section  160.15, sex trafficking as defined in paragraphs (a) and (b) of
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08625-02-9
        A. 4731                             2
     1  subdivision five of section  230.34,  sex  trafficking  of  a  child  as
     2  defined  in  section  230.34-a, incest in the first degree as defined in
     3  section 255.27, criminal possession of a weapon in the first  degree  as
     4  defined in section 265.04, criminal use of a firearm in the first degree
     5  as  defined  in  section 265.09, criminal sale of a firearm in the first
     6  degree as defined in section 265.13, aggravated assault  upon  a  police
     7  officer or a peace officer as defined in section 120.11, gang assault in
     8  the  first degree as defined in section 120.07, intimidating a victim or
     9  witness in the first degree as  defined  in  section  215.17,  hindering
    10  prosecution  of  terrorism  in  the  first  degree as defined in section
    11  490.35, criminal possession of a chemical weapon or biological weapon in
    12  the second degree as defined in section 490.40, and criminal  use  of  a
    13  chemical  weapon  or biological weapon in the third degree as defined in
    14  section 490.47.
    15    (b) Class C violent felony offenses: an attempt to commit any  of  the
    16  class  B felonies set forth in paragraph (a) of this subdivision; aggra-
    17  vated criminally negligent homicide as defined in section 125.11, aggra-
    18  vated manslaughter in the second degree as defined  in  section  125.21,
    19  aggravated  sexual  abuse  in  the  second  degree as defined in section
    20  130.67, patronizing a person for prostitution in  the  first  degree  as
    21  defined  in  section 230.06, promoting prostitution in the second degree
    22  as defined in subdivision two of section  230.30,  assault  on  a  peace
    23  officer,  police  officer,  firefighter  or  emergency  medical services
    24  professional as defined in section 120.08, assault on a judge as defined
    25  in section 120.09, gang assault in  the  second  degree  as  defined  in
    26  section  120.06, strangulation in the first degree as defined in section
    27  121.13, burglary in the second degree  as  defined  in  section  140.25,
    28  robbery  in  the  second  degree  as defined in section 160.10, criminal
    29  possession of a weapon in  the  second  degree  as  defined  in  section
    30  265.03,  criminal  use  of  a firearm in the second degree as defined in
    31  section 265.08, criminal sale of a  firearm  in  the  second  degree  as
    32  defined  in section 265.12, criminal sale of a firearm with the aid of a
    33  minor as defined in section 265.14, aggravated criminal possession of  a
    34  weapon as defined in section 265.19, soliciting or providing support for
    35  an  act  of  terrorism in the first degree as defined in section 490.15,
    36  hindering prosecution of terrorism in the second degree  as  defined  in
    37  section  490.30, and criminal possession of a chemical weapon or biolog-
    38  ical weapon in the third degree as defined in section 490.37.
    39    (c) Class D violent felony offenses: an attempt to commit any  of  the
    40  class C felonies set forth in paragraph (b); reckless assault of a child
    41  as defined in section 120.02, assault in the second degree as defined in
    42  section 120.05, menacing a police officer or peace officer as defined in
    43  section  120.18, stalking in the first degree, as defined in subdivision
    44  one of section 120.60, strangulation in the second degree as defined  in
    45  section  121.12, rape in the second degree as defined in section 130.30,
    46  criminal sexual act in the second degree as defined in  section  130.45,
    47  sexual abuse in the first degree as defined in section 130.65, course of
    48  sexual  conduct  against  a  child  in  the  second degree as defined in
    49  section 130.80, aggravated sexual abuse in the third degree  as  defined
    50  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
    51  substance as defined in section 130.90, labor trafficking as defined  in
    52  paragraphs (a) and (b) of subdivision three of section 135.35, patroniz-
    53  ing a person for prostitution in the second degree as defined in section
    54  230.05,  promoting prostitution in the third degree as defined in subdi-
    55  vision two of section 230.25, criminal possession of  a  weapon  in  the
    56  third  degree as defined in subdivision five, six, seven, eight, nine or
        A. 4731                             3
     1  ten of section 265.02, criminal sale of a firearm in the third degree as
     2  defined in section 265.11, intimidating  a  victim  or  witness  in  the
     3  second  degree  as  defined  in  section 215.16, soliciting or providing
     4  support  for  an  act  of  terrorism  in the second degree as defined in
     5  section 490.10, and making a terroristic threat as  defined  in  section
     6  490.20,  falsely reporting an incident in the first degree as defined in
     7  section 240.60, placing a false bomb or hazardous substance in the first
     8  degree as defined in section 240.62, placing a false bomb  or  hazardous
     9  substance  in a sports stadium or arena, mass transportation facility or
    10  enclosed shopping mall as defined  in  section  240.63,  and  aggravated
    11  unpermitted use of indoor pyrotechnics in the first degree as defined in
    12  section 405.18.
    13    (d)  Class  E violent felony offenses: an attempt to commit any of the
    14  felonies of criminal possession of a  weapon  in  the  third  degree  as
    15  defined  in subdivision five, six, seven or eight of section 265.02 as a
    16  lesser included offense of that section as defined in section 220.20  of
    17  the  criminal  procedure  law,  persistent  sexual  abuse  as defined in
    18  section 130.53, aggravated sexual abuse in the fourth degree as  defined
    19  in  section 130.65-a, patronizing a person for prostitution in the third
    20  degree as defined in section 230.04, falsely reporting  an  incident  in
    21  the  second degree as defined in section 240.55 and placing a false bomb
    22  or hazardous substance in  the  second  degree  as  defined  in  section
    23  240.61.
    24    §  2.  Subdivision  5 of section 60.05 of the penal law, as amended by
    25  chapter 405 of the laws of 2010, is amended to read as follows:
    26    5. Certain class D felonies. Except as provided in subdivision six  of
    27  this  section, every person convicted of the class D felonies of assault
    28  in the second degree as defined in section 120.05, strangulation in  the
    29  second degree as defined in section 121.12 [or attempt to commit a class
    30  C  felony  as  defined  in  section  230.30  of  this  chapter,] must be
    31  sentenced in accordance with section 70.00 or 85.00 of this title.
    32    § 3. The closing paragraph of section 230.04  of  the  penal  law,  as
    33  amended  by  chapter  368  of  the  laws  of 2015, is amended to read as
    34  follows:
    35    Patronizing a person for prostitution in the third degree is  a  class
    36  [A misdemeanor] E felony.
    37    §  4.  The  closing  paragraph  of section 230.05 of the penal law, as
    38  amended by chapter 368 of the laws  of  2015,  is  amended  to  read  as
    39  follows:
    40    Patronizing  a person for prostitution in the second degree is a class
    41  [E] D felony.
    42    § 5. The closing paragraph of section 230.06  of  the  penal  law,  as
    43  amended  by  chapter  368  of  the  laws  of 2015, is amended to read as
    44  follows:
    45    Patronizing a person for prostitution in the first degree is  a  class
    46  [D] C felony.
    47    § 6. Section 230.40 of the penal law, the opening paragraph as amended
    48  by chapter 368 of the laws of 2015, is amended to read as follows:
    49  § 230.40 Permitting prostitution in the second degree.
    50    A  person  is  guilty  of permitting prostitution in the second degree
    51  when, having possession or control of premises or vehicle  which  he  or
    52  she knows are being used for prostitution purposes or for the purpose of
    53  advancing  prostitution,  he  or  she fails to make reasonable effort to
    54  halt or abate such use.
    55    Permitting prostitution in the second degree is a class [B]  A  misde-
    56  meanor.
        A. 4731                             4
     1    §  7.  The penal law is amended by adding a new section 230.45 to read
     2  as follows:
     3  § 230.45 Permitting prostitution in the first degree.
     4    A person is guilty of permitting prostitution in the first degree when
     5  having possession or control of premises which he or she knows are being
     6  used  for  prostitution  purposes  including the prostitution of a child
     7  less than seventeen years of age, he or she  fails  to  make  reasonable
     8  effort to halt or abate such use.
     9    Permitting prostitution in the first degree is a class E felony.
    10    §  8.  Subparagraph  (i)  of paragraph (a) of subdivision 2 of section
    11  168-a of the correction law, as amended by chapter 189 of  the  laws  of
    12  2018, is amended to read as follows:
    13    (i)  a  conviction of or a conviction for an attempt to commit any [of
    14  the provisions] provision of sections 120.70,  130.20,  130.25,  130.30,
    15  130.40,  130.45,  130.60,  230.34,  230.34-a, 250.50, 255.25, 255.26 and
    16  255.27 or article two hundred sixty-three of the penal law,  or  section
    17  135.05,  135.10,  135.20  or  135.25  of such law relating to kidnapping
    18  offenses, provided the victim of such kidnapping or related  offense  is
    19  less  than seventeen years old and the offender is not the parent of the
    20  victim, or section 230.04, where the person patronized is in  fact  less
    21  than  seventeen  years  of  age, 230.05, 230.06, 230.11, 230.12, 230.13,
    22  subdivision two of section 230.30, section 230.32, 230.33, [or]  230.34,
    23  or 230.45 of the penal law, or section 230.25 of the penal law where the
    24  person prostituted is in fact less than seventeen years old, or
    25    § 9. This act shall take effect on the first of November next succeed-
    26  ing the date on which it shall have become a law.