Bill Text: NY A09704 | 2017-2018 | General Assembly | Amended
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-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 9704--A 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, NIOU -- Multi-Sponsored by -- M. of A. DE LA ROSA, MAGEE -- read once and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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. The repeal of section 240.37 of the penal law, as effected 2 by section two of this act, is hereby declared to be ameliorative, and 3 it is the intent of the legislature that no prosecution under such 4 section be commenced, continued, or refiled. 5 § 2. Section 240.37 of the penal law is REPEALED. 6 § 3. Section 230.01 of the penal law, as added by chapter 368 of the 7 laws of 2015, is amended to read as follows: 8 § 230.01 Prostitution; affirmative defense. 9 In any prosecution under section 230.00[,] or section 230.03 [or10subdivision two of section 240.37] of this part, it is an affirmative 11 defense that the defendant's participation in the offense was a result 12 of having been a victim of compelling prostitution under section 230.33, 13 a victim of sex trafficking under section 230.34 of this article or a 14 victim of trafficking in persons under the trafficking victims 15 protection act (United States Code, Title 22, Chapter 78). 16 § 4. Section 60.47 of the criminal procedure law, as added by section 17 2 of part I of chapter 57 of the laws of 2015, is amended to read as 18 follows: 19 § 60.47 Possession of condoms; receipt into evidence. 20 Evidence that a person was in possession of one or more condoms may 21 not be admitted at any trial, hearing, or other proceeding in a prose- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13841-03-8A. 9704--A 2 1 cution for section 230.00 [or section 240.37] of the penal law for the 2 purpose of establishing probable cause for an arrest or proving any 3 person's commission or attempted commission of such offense. 4 § 5. Paragraphs (c) and (d) of subdivision 1 of section 160.10 of the 5 criminal procedure law, paragraph (c) as amended by chapter 762 of the 6 laws of 1971 and paragraph (d) as amended by chapter 232 of the laws of 7 2010, are amended to read as follows: 8 (c) A misdemeanor defined outside the penal law which would constitute 9 a felony if such person had a previous judgment of conviction for a 10 crime[; or11(d) Loitering for the purpose of engaging in a prostitution offense as12defined in subdivision two of section 240.37 of the penal law]. 13 § 6. Subdivision 4 of section 170.30 of the criminal procedure law, as 14 added by chapter 402 of the laws of 2014, is amended to read as follows: 15 4. After arraignment upon an information, a simplified information, a 16 prosecutor's information or misdemeanor complaint on a charge of prosti- 17 tution pursuant to section 230.00 of the penal law [or loitering for the18purposes of prostitution pursuant to subdivision two of section 240.3719of the penal law, provided that the person does not stand charged with20loitering for the purpose of patronizing a prostitute, where such21offense allegedly occurred when the person was sixteen or seventeen22years of age,] the local criminal court may dismiss such charge in its 23 discretion in the interest of justice on the ground that a defendant 24 participated in services provided to him or her. 25 § 7. The opening paragraph of subdivision 1 of section 170.80 of the 26 criminal procedure law, as amended by chapter 402 of the laws of 2014, 27 is amended to read as follows: 28 Notwithstanding any other provision of law, at any time at or after 29 arraignment on a charge of prostitution pursuant to section 230.00 of 30 the penal law [or loitering for the purposes of prostitution pursuant to31subdivision two of section 240.37 of the penal law, provided that the32person does not stand charged with loitering for the purpose of patron-33izing a prostitute, where such offense allegedly occurred when the34person was sixteen or seventeen years of age except where], after 35 consultation with counsel, a knowing and voluntary plea of guilty has 36 been entered to such charge, any judge or justice hearing any stage of 37 such case may, upon consent of the defendant after consultation with 38 counsel: 39 § 8. Subdivision 2 of section 420.35 of the criminal procedure law, as 40 amended by chapter 426 of the laws of 2015, is amended to read as 41 follows: 42 2. Under no circumstances shall the mandatory surcharge, sex offender 43 registration fee, DNA databank fee or the crime victim assistance fee be 44 waived provided, however, that a court may waive the crime victim 45 assistance fee if such defendant is an eligible youth as defined in 46 subdivision two of section 720.10 of this chapter, and the imposition of 47 such fee would work an unreasonable hardship on the defendant, his or 48 her immediate family, or any other person who is dependent on such 49 defendant for financial support. A court shall waive any mandatory 50 surcharge, DNA databank fee and crime victim assistance fee when: (i) 51 [the defendant is convicted of loitering for the purpose of engaging in52prostitution under section 240.37 of the penal law (provided that the53defendant was not convicted of loitering for the purpose of patronizing54a person for prostitution); (ii)] the defendant is convicted of prosti- 55 tution under section 230.00 of the penal law; [(iii)] (ii) the defendant 56 is convicted of a violation in the event such conviction is in lieu of aA. 9704--A 3 1 plea to or conviction for [loitering for the purpose of engaging in2prostitution under section 240.37 of the penal law (provided that the3defendant was not alleged to be loitering for the purpose of patronizing4a person for prostitution) or] prostitution under section 230.00 of the 5 penal law; or [(iv)] (iii) the court finds that a defendant is a victim 6 of sex trafficking under section 230.34 of the penal law or a victim of 7 trafficking in persons under the trafficking victims protection act 8 (United States Code, Title 22, Chapter 78). 9 § 9. Subdivision 4 of section 720.15 of the criminal procedure law, as 10 added by chapter 402 of the laws of 2014, is amended to read as follows: 11 4. Notwithstanding any provision in this article, a person charged 12 with prostitution as defined in section 230.00 of the penal law [or13loitering for the purposes of prostitution as defined in subdivision two14of section 240.37 of the penal law, provided that the person does not15stand charged with loitering for the purpose of patronizing a prosti-16tute, and such person is aged sixteen or seventeen when such offense17occurred,] regardless of whether such person (i) had prior to commence- 18 ment of trial or entry of a plea of guilty been convicted of a crime or 19 found a youthful offender, or (ii) subsequent to such conviction for 20 prostitution [or loitering for prostitution] is convicted of a crime or 21 found a youthful offender, the provisions of subdivisions one and two of 22 this section requiring or authorizing the accusatory instrument filed 23 against a youth to be sealed, and the arraignment and all proceedings in 24 the action to be conducted in private shall apply. 25 § 10. Subdivision 1 of section 720.35 of the criminal procedure law, 26 as amended by chapter 402 of the laws of 2014, 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 was 35 substituted, who was originally charged with prostitution as defined in 36 section 230.00 of the penal law [or loitering for the purposes of pros-37titution as defined in subdivision two of section 240.37 of the penal38law provided that the person does not stand charged with loitering for39the purpose of patronizing a prostitute, for an offense allegedly40committed when he or she was sixteen or seventeen years of age], shall 41 be deemed a "sexually exploited child" as defined in subdivision one of 42 section four hundred forty-seven-a of the social services law and there- 43 fore shall not be considered an adult for purposes related to the charg- 44 es in the youthful offender proceeding or a proceeding under section 45 170.80 of this chapter. 46 § 11. Paragraphs (c) and (d) of subdivision 1 of section 447-a of the 47 social services law, as amended by section 1 of part G of chapter 58 of 48 the laws of 2010, are amended to read as follows: 49 (c) is a victim of the crime of compelling prostitution as defined in 50 section 230.33 of the penal law; 51 (d) engages in acts or conduct described in article two hundred 52 sixty-three [or section 240.37] of the penal law. 53 § 12. The third undesignated paragraph of subdivision a of section 54 3-118 of the administrative code of the city of New York, as added by 55 local law number 39 of the city of New York for the year 2016, is 56 amended to read as follows:A. 9704--A 4 1 Sexually exploited youth. The term "sexually exploited youth" means 2 persons under the age of 18 who have been subject to sexual exploitation 3 because they (a) are the victim of the crime of sex trafficking as 4 defined in section 230.34 of the penal law; (b) engage in any act as 5 defined in section 230.00 of the penal law; (c) are a victim of the 6 crime of compelling prostitution as defined in section 230.33 of the 7 penal law; or (d) engage in acts or conduct described in article 263 [or8section 240.37] of the penal law. The term shall also mean persons under 9 the age of 18 who have been subject to incest in the third degree, 10 second degree or first degree, as defined in sections 255.25, 255.26, 11 and 255.27 of the penal law, respectively, or any of the sex offenses 12 enumerated in article 130 of the penal law. 13 § 13. This act shall take effect immediately.