Bill Text: NY A09704 | 2017-2018 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Repeals provisions relating to loitering for the purpose of engaging in a prostitution offense; makes technical corrections relating thereto.
Spectrum: Strong Partisan Bill (Democrat 19-1)
Status: (Introduced - Dead) 2018-05-10 - advanced to third reading cal.882 [A09704 Detail]
Download: New_York-2017-A09704-Introduced.html
Bill Title: Repeals provisions relating to loitering for the purpose of engaging in a prostitution offense; makes technical corrections relating thereto.
Spectrum: Strong Partisan Bill (Democrat 19-1)
Status: (Introduced - Dead) 2018-05-10 - advanced to third reading cal.882 [A09704 Detail]
Download: New_York-2017-A09704-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9704 IN ASSEMBLY February 2, 2018 ___________ Introduced by M. of A. PAULIN, SEAWRIGHT, DICKENS, DINOWITZ, D'URSO, GALEF, GOTTFRIED, HOOPER, JAFFEE, JENNE, JOYNER, PICHARDO, L. ROSEN- THAL, SIMON, STECK, ERRIGO -- Multi-Sponsored by -- M. of A. DE LA ROSA, MAGEE -- read once and referred to the Committee on Codes AN ACT to repeal section 240.37 of the penal law, relating to loitering for the purpose of engaging in a prostitution offense; and to amend the penal law, the criminal procedure law, the social services law and the administrative code of the city of New York, in relation to making technical corrections relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 240.37 of the penal law is REPEALED. 2 § 2. Section 230.01 of the penal law, as added by chapter 368 of the 3 laws of 2015, is amended to read as follows: 4 § 230.01 Prostitution; affirmative defense. 5 In any prosecution under section 230.00[,] or section 230.03 [or6subdivision two of section 240.37] of this part, it is an affirmative 7 defense that the defendant's participation in the offense was a result 8 of having been a victim of compelling prostitution under section 230.33, 9 a victim of sex trafficking under section 230.34 of this article or a 10 victim of trafficking in persons under the trafficking victims 11 protection act (United States Code, Title 22, Chapter 78). 12 § 3. Section 60.47 of the criminal procedure law, as added by section 13 2 of part I of chapter 57 of the laws of 2015, is amended to read as 14 follows: 15 § 60.47 Possession of condoms; receipt into evidence. 16 Evidence that a person was in possession of one or more condoms may 17 not be admitted at any trial, hearing, or other proceeding in a prose- 18 cution for section 230.00 [or section 240.37] of the penal law for the 19 purpose of establishing probable cause for an arrest or proving any 20 person's commission or attempted commission of such offense. 21 § 4. Paragraphs (c) and (d) of subdivision 1 of section 160.10 of the 22 criminal procedure law, paragraph (c) as amended by chapter 762 of the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13841-02-8A. 9704 2 1 laws of 1971 and paragraph (d) as amended by chapter 232 of the laws of 2 2010, are amended to read as follows: 3 (c) A misdemeanor defined outside the penal law which would constitute 4 a felony if such person had a previous judgment of conviction for a 5 crime[; or6(d) Loitering for the purpose of engaging in a prostitution offense as7defined in subdivision two of section 240.37 of the penal law]. 8 § 5. Subdivision 4 of section 170.30 of the criminal procedure law, as 9 added by chapter 402 of the laws of 2014, is amended to read as follows: 10 4. After arraignment upon an information, a simplified information, a 11 prosecutor's information or misdemeanor complaint on a charge of prosti- 12 tution pursuant to section 230.00 of the penal law [or loitering for the13purposes of prostitution pursuant to subdivision two of section 240.3714of the penal law, provided that the person does not stand charged with15loitering for the purpose of patronizing a prostitute, where such16offense allegedly occurred when the person was sixteen or seventeen17years of age,] the local criminal court may dismiss such charge in its 18 discretion in the interest of justice on the ground that a defendant 19 participated in services provided to him or her. 20 § 6. The opening paragraph of subdivision 1 of section 170.80 of the 21 criminal procedure law, as amended by chapter 402 of the laws of 2014, 22 is amended to read as follows: 23 Notwithstanding any other provision of law, at any time at or after 24 arraignment on a charge of prostitution pursuant to section 230.00 of 25 the penal law [or loitering for the purposes of prostitution pursuant to26subdivision two of section 240.37 of the penal law, provided that the27person does not stand charged with loitering for the purpose of patron-28izing a prostitute, where such offense allegedly occurred when the29person was sixteen or seventeen years of age except where], after 30 consultation with counsel, a knowing and voluntary plea of guilty has 31 been entered to such charge, any judge or justice hearing any stage of 32 such case may, upon consent of the defendant after consultation with 33 counsel: 34 § 7. Subdivision 2 of section 420.35 of the criminal procedure law, as 35 amended by chapter 426 of the laws of 2015, is amended to read as 36 follows: 37 2. Under no circumstances shall the mandatory surcharge, sex offender 38 registration fee, DNA databank fee or the crime victim assistance fee be 39 waived provided, however, that a court may waive the crime victim 40 assistance fee if such defendant is an eligible youth as defined in 41 subdivision two of section 720.10 of this chapter, and the imposition of 42 such fee would work an unreasonable hardship on the defendant, his or 43 her immediate family, or any other person who is dependent on such 44 defendant for financial support. A court shall waive any mandatory 45 surcharge, DNA databank fee and crime victim assistance fee when: (i) 46 [the defendant is convicted of loitering for the purpose of engaging in47prostitution under section 240.37 of the penal law (provided that the48defendant was not convicted of loitering for the purpose of patronizing49a person for prostitution); (ii)] the defendant is convicted of prosti- 50 tution under section 230.00 of the penal law; [(iii)] (ii) the defendant 51 is convicted of a violation in the event such conviction is in lieu of a 52 plea to or conviction for [loitering for the purpose of engaging in53prostitution under section 240.37 of the penal law (provided that the54defendant was not alleged to be loitering for the purpose of patronizing55a person for prostitution) or] prostitution under section 230.00 of the 56 penal law; or [(iv)] (iii) the court finds that a defendant is a victimA. 9704 3 1 of sex trafficking under section 230.34 of the penal law or a victim of 2 trafficking in persons under the trafficking victims protection act 3 (United States Code, Title 22, Chapter 78). 4 § 8. The opening paragraph of paragraph (i) of subdivision 1 of 5 section 440.10 of the criminal procedure law, as amended by chapter 368 6 of the laws of 2015, is amended to read as follows: 7 The judgment is a conviction where the arresting charge was under 8 section [240.37 (loitering for the purpose of engaging in a prostitution9offense, provided that the defendant was not alleged to be loitering for10the purpose of patronizing a person for prostitution or promoting pros-11titution) or] 230.00 (prostitution) or 230.03 (prostitution in a school 12 zone) of the penal law, and the defendant's participation in the offense 13 was a result of having been a victim of sex trafficking under section 14 230.34 of the penal law, labor trafficking under section 135.35 of the 15 penal law, aggravated labor trafficking under section 135.37 of the 16 penal law, compelling prostitution under section 230.33 of the penal 17 law, or trafficking in persons under the Trafficking Victims Protection 18 Act (United States Code, title 22, chapter 78); provided that 19 § 9. Subdivision 4 of section 720.15 of the criminal procedure law, as 20 added by chapter 402 of the laws of 2014, is amended to read as follows: 21 4. Notwithstanding any provision in this article, a person charged 22 with prostitution as defined in section 230.00 of the penal law [or23loitering for the purposes of prostitution as defined in subdivision two24of section 240.37 of the penal law, provided that the person does not25stand charged with loitering for the purpose of patronizing a prosti-26tute, and such person is aged sixteen or seventeen when such offense27occurred,] regardless of whether such person (i) had prior to commence- 28 ment of trial or entry of a plea of guilty been convicted of a crime or 29 found a youthful offender, or (ii) subsequent to such conviction for 30 prostitution [or loitering for prostitution] is convicted of a crime or 31 found a youthful offender, the provisions of subdivisions one and two of 32 this section requiring or authorizing the accusatory instrument filed 33 against a youth to be sealed, and the arraignment and all proceedings in 34 the action to be conducted in private shall apply. 35 § 10. Subdivision 1 of section 720.35 of the criminal procedure law, 36 as amended by chapter 402 of the laws of 2014, is amended to read as 37 follows: 38 1. A youthful offender adjudication is not a judgment of conviction 39 for a crime or any other offense, and does not operate as a disquali- 40 fication of any person so adjudged to hold public office or public 41 employment or to receive any license granted by public authority but 42 shall be deemed a conviction only for the purposes of transfer of super- 43 vision and custody pursuant to section two hundred fifty-nine-m of the 44 executive law. A defendant for whom a youthful offender adjudication was 45 substituted, who was originally charged with prostitution as defined in 46 section 230.00 of the penal law [or loitering for the purposes of pros-47titution as defined in subdivision two of section 240.37 of the penal48law provided that the person does not stand charged with loitering for49the purpose of patronizing a prostitute, for an offense allegedly50committed when he or she was sixteen or seventeen years of age], shall 51 be deemed a "sexually exploited child" as defined in subdivision one of 52 section four hundred forty-seven-a of the social services law and there- 53 fore shall not be considered an adult for purposes related to the charg- 54 es in the youthful offender proceeding or a proceeding under section 55 170.80 of this chapter.A. 9704 4 1 § 11. Paragraphs (c) and (d) of subdivision 1 of section 447-a of the 2 social services law, as amended by section 1 of part G of chapter 58 of 3 the laws of 2010, are amended to read as follows: 4 (c) is a victim of the crime of compelling prostitution as defined in 5 section 230.33 of the penal law; 6 (d) engages in acts or conduct described in article two hundred 7 sixty-three [or section 240.37] of the penal law. 8 § 12. The third undesignated paragraph of subdivision a of section 9 3-118 of the administrative code of the city of New York, as added by 10 local law number 39 of the city of New York for the year 2016, is 11 amended to read as follows: 12 Sexually exploited youth. The term "sexually exploited youth" means 13 persons under the age of 18 who have been subject to sexual exploitation 14 because they (a) are the victim of the crime of sex trafficking as 15 defined in section 230.34 of the penal law; (b) engage in any act as 16 defined in section 230.00 of the penal law; (c) are a victim of the 17 crime of compelling prostitution as defined in section 230.33 of the 18 penal law; or (d) engage in acts or conduct described in article 263 [or19section 240.37] of the penal law. The term shall also mean persons under 20 the age of 18 who have been subject to incest in the third degree, 21 second degree or first degree, as defined in sections 255.25, 255.26, 22 and 255.27 of the penal law, respectively, or any of the sex offenses 23 enumerated in article 130 of the penal law. 24 § 13. This act shall take effect on the ninetieth day after it shall 25 have become a law.