Bill Text: NY S00116 | 2011-2012 | General Assembly | Introduced


Bill Title: Relates to prostitution offenses; creates the new crimes of unlawful prostitution and sexual exploitation of a child.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-05 - PRINT NUMBER 116A [S00116 Detail]

Download: New_York-2011-S00116-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          116
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
         printed to be committed to the Committee on Codes
       AN ACT to amend the penal law, the correction law, the  criminal  proce-
         dure  law,  the  civil rights law, the executive law, the family court
         act, the mental hygiene law, the multiple  dwelling  law,  the  public
         health  law,  the  real property actions and proceedings law, the real
         property law and the vehicle and traffic law, in relation to prostitu-
         tion offenses and creating the crime of sexual exploitation of a child
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    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  S 230.00 [Prostitution] CRIMINAL PROSTITUTION.
    4    A person is guilty of  CRIMINAL  prostitution  when,  BEING  SEVENTEEN
    5  YEARS  OLD OR MORE, such person engages or agrees or offers to engage in
    6  sexual conduct with another person in return for a fee.
    7    [Prostitution] CRIMINAL PROSTITUTION is a class B Misdemeanor.
    8    S 2. The penal law is amended by adding a new section 230.01  to  read
    9  as follows:
   10  S 230.01 UNLAWFUL PROSTITUTION.
   11    A  PERSON  IS  GUILTY  OF  UNLAWFUL PROSTITUTION WHEN, BEING LESS THAN
   12  SEVENTEEN YEARS OLD, SUCH PERSON ENGAGES OR AGREES OR OFFERS  TO  ENGAGE
   13  IN SEXUAL CONDUCT WITH ANOTHER PERSON IN RETURN FOR A FEE.
   14    UNLAWFUL  PROSTITUTION  IS  A  VIOLATION,  PROVIDED, HOWEVER, THAT ANY
   15  PERSON WHO HAS PREVIOUSLY BEEN CONVICTED OF  A  CRIME  DEFINED  IN  THIS
   16  ARTICLE  OR  SECTION  240.37  OF  THIS PART SHALL BE GUILTY OF A CLASS B
   17  MISDEMEANOR.
   18    S 3. Sections 230.05 and 230.06 of the penal law, as added by  chapter
   19  627 of the laws of 1978, are amended to read as follows:
   20  S 230.05 Patronizing a prostitute in the second degree.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02217-01-1
       S. 116                              2
    1    A  person  is  guilty of patronizing a prostitute in the second degree
    2  when, being [over eighteen] TWENTY-ONE years of age OR MORE, he  patron-
    3  izes  a  prostitute  and  the  person patronized is less than [fourteen]
    4  SEVENTEEN years of age.
    5    Patronizing a prostitute in the second degree is a class E felony.
    6  S 230.06 Patronizing a prostitute in the first degree.
    7    A  person  is  guilty  of patronizing a prostitute in the first degree
    8  when, BEING EIGHTEEN YEARS OF AGE OR MORE, he  patronizes  a  prostitute
    9  and the person patronized is less than [eleven] FIFTEEN years of age.
   10    Patronizing a prostitute in the first degree is a class D felony.
   11    S 4. The penal law is amended by adding a new section 230.06-a to read
   12  as follows:
   13  S 230.06-A SEXUAL EXPLOITATION OF A CHILD.
   14    A PERSON IS GUILTY OF SEXUAL EXPLOITATION OF A CHILD WHEN:
   15    1.  BEING EIGHTEEN YEARS OF AGE OR MORE HE PATRONIZES A PROSTITUTE AND
   16  THE PERSON PATRONIZED IS LESS THAN THIRTEEN YEARS OF AGE; OR
   17    2. HE PATRONIZES A PROSTITUTE AND THE PERSON PATRONIZED IS  LESS  THAN
   18  ELEVEN YEARS OF AGE.
   19    SEXUAL EXPLOITATION OF A CHILD IS A CLASS B FELONY.
   20    S  5. Section 230.07 of the penal law, as amended by chapter 74 of the
   21  laws of 2007, is amended to read as follows:
   22  S 230.07 Patronizing a prostitute; defense.
   23    In any prosecution for patronizing a prostitute in the first or second
   24  degrees OR SEXUAL EXPLOITATION OF A CHILD,  it  is  [a]  AN  AFFIRMATIVE
   25  defense  that  the  defendant did not have reasonable grounds to believe
   26  that the person was less than the age specified.
   27    S 6. The opening paragraph of section  230.10  of  the  penal  law  is
   28  amended to read as follows:
   29    In any prosecution for SEXUAL EXPLOITATION OF A CHILD, prostitution or
   30  patronizing  a  prostitute,  the  sex  of the two parties or prospective
   31  parties to the sexual conduct engaged in, contemplated or  solicited  is
   32  immaterial, and it is no defense that:
   33    S  7.  The penal law is amended by adding a new section 230.11 to read
   34  as follows:
   35  S 230.11 PROSTITUTION; DEFENSE.
   36    IN ANY PROSECUTION FOR UNLAWFUL PROSTITUTION OR CRIMINAL PROSTITUTION,
   37  IT IS AN AFFIRMATIVE DEFENSE THAT THE DEFENDANT IS A VICTIM OF SEX TRAF-
   38  FICKING.
   39    S 8. Subdivision 2 of section 230.30 of the penal law, as  amended  by
   40  chapter 627 of the laws of 1978, is amended to read as follows:
   41    2.  Advances  or  profits  from  prostitution  of  a  person less than
   42  [sixteen] SEVENTEEN years old.
   43    S 9. Section 230.33 of the penal law, as added by chapter 450  of  the
   44  laws of 2005, is amended to read as follows:
   45  S 230.33 Compelling prostitution.
   46    A  person  is guilty of compelling prostitution when, being twenty-one
   47  years of age or older, he or  she  knowingly  advances  prostitution  by
   48  compelling a person less than [sixteen] SEVENTEEN years old, by force or
   49  intimidation, to engage in prostitution.
   50    Compelling prostitution is a class B felony.
   51    S  10.  Subdivision  2 of section 240.37 of the penal law, as added by
   52  chapter 344 of the laws of 1976, is amended to read as follows:
   53    2. Any person who remains or wanders  about  in  a  public  place  and
   54  repeatedly  beckons  to,  or repeatedly stops, or repeatedly attempts to
   55  stop, or repeatedly attempts to engage passers-by  in  conversation,  or
   56  repeatedly  stops  or  attempts  to  stop  motor vehicles, or repeatedly
       S. 116                              3
    1  interferes with the free passage of other persons, for  the  purpose  of
    2  prostitution,  or of patronizing a prostitute as those terms are defined
    3  in article two hundred thirty of [the penal law] THIS CHAPTER, shall  be
    4  guilty  of  a  violation  and is guilty of a class B misdemeanor if such
    5  person has previously been convicted of a violation of this  section  or
    6  of  [sections]  SECTION 230.00, 230.01 or 230.05 of [the penal law] THIS
    7  PART.
    8    S 11. Section 60.13 of the penal law, as added by  chapter  7  of  the
    9  laws of 2007, is amended to read as follows:
   10  S 60.13 Authorized dispositions; felony sex offenses.
   11    When  a  person  is  to  be sentenced upon a conviction for any felony
   12  defined in article one hundred thirty of this chapter, including a sexu-
   13  ally motivated felony, or patronizing a prostitute in the  first  degree
   14  as  defined  in section 230.06 of this chapter, SEXUAL EXPLOITATION OF A
   15  CHILD AS DEFINED IN SECTION 230.06-A OF  THIS  CHAPTER,  incest  in  the
   16  second degree as defined in section 255.26 of this chapter, or incest in
   17  the  first  degree  as  defined  in section 255.27 of this chapter, or a
   18  felony attempt or conspiracy to commit any of these  crimes,  the  court
   19  must sentence the defendant in accordance with the provisions of section
   20  70.80 of this title.
   21    S  12.  Paragraph  (a)  of subdivision 1 of section 70.80 of the penal
   22  law, as added by chapter 7 of the laws of 2007, is amended  to  read  as
   23  follows:
   24    (a)  For  the purposes of this section, a "felony sex offense" means a
   25  conviction of any felony defined in article one hundred thirty  of  this
   26  chapter, including a sexually motivated felony, or patronizing a prosti-
   27  tute  in  the first degree as defined in section 230.06 of this chapter,
   28  incest in the second degree as defined in section 255.26 of  this  chap-
   29  ter,  SEXUAL  EXPLOITATION  OF A CHILD AS DEFINED IN SECTION 230.06-A OF
   30  THIS CHAPTER, or incest in the first degree as defined in section 255.27
   31  of this chapter, or a felony attempt or conspiracy to commit any of  the
   32  above.
   33    S  13.  Subparagraph  (i) of paragraph (a) of subdivision 2 of section
   34  168-a of the correction law, as amended by chapter 405 of  the  laws  of
   35  2008, is amended to read as follows:
   36    (i)  a  conviction  of or a conviction for an attempt to commit any of
   37  the provisions of  sections  120.70,  130.20,  130.25,  130.30,  130.40,
   38  130.45, 130.60, 230.34, 250.50, 255.25, 255.26 and 255.27 or article two
   39  hundred  sixty-three of the penal law, or section 135.05, 135.10, 135.20
   40  or 135.25 of such law relating  to  kidnapping  offenses,  provided  the
   41  victim  of  such  kidnapping  or  related offense is less than seventeen
   42  years old and the offender is not the parent of the victim,  or  section
   43  230.04, where the person patronized is in fact less than seventeen years
   44  of  age,  230.05 [or], 230.06 OR 230.06-A, or subdivision two of section
   45  230.30, or section 230.32 or 230.33 of the penal law, or
   46    S 14. Subdivision 2 of section 60.42 of the criminal procedure law, as
   47  added by chapter 230 of the laws of 1975, is amended to read as follows:
   48    2. proves or tends to prove that the victim has been convicted  of  an
   49  offense  under  section  230.00  OR 230.01 of the penal law within three
   50  years prior to the sex offense which is the subject of the  prosecution;
   51  or
   52    S 15. Paragraph (d) of subdivision 1 of section 160.10 of the criminal
   53  procedure law, as amended by chapter 232 of the laws of 2010, is amended
   54  and a new paragraph (e) is added to read as follows:
   55    (d)    Loitering for the purpose of engaging in a prostitution offense
   56  as defined in subdivision two of section 240.37 of the penal law[.]; OR
       S. 116                              4
    1    (E) UNLAWFUL PROSTITUTION AS DEFINED IN SECTION 230.01  OF  THE  PENAL
    2  LAW.
    3    S  16.  Subdivision 6 of section 380.50 of the criminal procedure law,
    4  as amended by chapter 320 of the laws of 2006, is  amended  to  read  as
    5  follows:
    6    6.  Regardless of whether the victim requests to make a statement with
    7  regard to the defendant's sentence, where the defendant is sentenced for
    8  a violent felony offense as defined in section 70.02 of the penal law or
    9  a felony defined in article one hundred twenty-five of such law  or  any
   10  of the following provisions of such law sections 130.25, 130.30, 130.40,
   11  130.45, 255.25, 255.26, 255.27, article two hundred sixty-three, 135.10,
   12  135.25,  230.05,  230.06, 230.06-A, subdivision two of section 230.30 or
   13  230.32, the prosecutor shall, within sixty days  of  the  imposition  of
   14  sentence,  provide  the victim with a form on which the victim may indi-
   15  cate a demand to be informed of any petition to change the name of  such
   16  defendant.    Such  forms  shall  be maintained by such prosecutor. Upon
   17  receipt of a notice of a petition to change the name of any such defend-
   18  ant, pursuant to subdivision two  of  section  sixty-two  of  the  civil
   19  rights  law, the prosecutor shall promptly notify the victim at the most
   20  current address or telephone number provided by such victim in the  most
   21  reasonable  and  expedient  possible  manner  of the time and place such
   22  petition will be presented to the court.
   23    S 17. Subdivision 2 of section 61 of the civil rights law, as  amended
   24  by chapter 320 of the laws of 2006, is amended to read as follows:
   25    2.  If  the petitioner stands convicted of a violent felony offense as
   26  defined in section 70.02 of the penal law or a felony defined in article
   27  one hundred twenty-five of such law or any of the  following  provisions
   28  of  such  law  sections  130.25, 130.30, 130.40, 130.45, 255.25, 255.26,
   29  255.27, article two hundred sixty-three, 135.10, 135.25, 230.05, 230.06,
   30  230.06-A, subdivision two of section 230.30 or 230.32, and is  currently
   31  confined  as  an  inmate in any correctional facility or currently under
   32  the supervision of the state division of parole or  a  county  probation
   33  department  as  a result of such conviction, the petition shall for each
   34  such conviction  specify  such  felony  conviction,  the  date  of  such
   35  conviction  or  convictions,  and  the court in which such conviction or
   36  convictions were entered.
   37    S 18. Subdivision 2 of section 62 of the civil rights law, as  amended
   38  by chapter 320 of the laws of 2006, is amended to read as follows:
   39    2.  If  the  petition  be  to  change  the  name of a person currently
   40  confined as an inmate in any correctional facility  or  currently  under
   41  the  supervision  of  the state division of parole or a county probation
   42  department as a result of a conviction for a violent felony  offense  as
   43  defined in section 70.02 of the penal law or a felony defined in article
   44  one  hundred  twenty-five of such law or any of the following provisions
   45  of such law sections 130.25, 130.30,  130.40,  130.45,  255.25,  255.26,
   46  255.27, article two hundred sixty-three, 135.10, 135.25, 230.05, 230.06,
   47  230.06-A,  subdivision  two  of  section 230.30 or 230.32, notice of the
   48  time and place when and where the petition will be  presented  shall  be
   49  served,  in  like  manner as a notice of a motion upon an attorney in an
   50  action, upon the district attorney of every county in which such  person
   51  has  been convicted of such felony and upon the court or courts in which
   52  the sentence for such felony was entered. Unless  a  shorter  period  of
   53  time is ordered by the court, said notice shall be served upon each such
   54  district  attorney and court or courts not less than sixty days prior to
   55  the date on which such petition is noticed to be heard.
       S. 116                              5
    1    S 19. The closing paragraph of section 64 of the civil rights law,  as
    2  separately  amended by chapters 258, 320 and 481 of the laws of 2006, is
    3  amended to read as follows:
    4    Upon  compliance with the order and the filing of the affidavit of the
    5  publication, as provided in this section, the  clerk  of  the  court  in
    6  which  the  order has been entered shall certify that the order has been
    7  complied with; and, if the petition states that  the  petitioner  stands
    8  convicted of a violent felony offense as defined in section 70.02 of the
    9  penal law or a felony defined in article one hundred twenty-five of such
   10  law  or  any  of  the  following provisions of such law sections 130.25,
   11  130.30, 130.40, 130.45, 255.25,  255.26,  255.27,  article  two  hundred
   12  sixty-three,  135.10,  135.25, 230.05, 230.06, 230.06-A, subdivision two
   13  of section 230.30 or 230.32, such clerk  (1)  shall  deliver,  by  first
   14  class  mail,  a copy of such certified order to the division of criminal
   15  justice services at its office in the county of Albany and (2) upon  the
   16  clerk  of  the  court  reviewing  the  petitioner's application for name
   17  change and subsequent in-court inquiry, may, in the clerk's  discretion,
   18  deliver, by first class mail, the petitioner's new name with such certi-
   19  fied  order  to  the  court  of competent jurisdiction which imposed the
   20  orders of support.   Such certification shall  appear  on  the  original
   21  order  and  on  any  certified  copy thereof and shall be entered in the
   22  clerk's minutes of the proceeding.
   23    S 20. Paragraph (d) of subdivision 7 of section 995 of  the  executive
   24  law,  as amended by chapter 2 of the laws of 2006, is amended to read as
   25  follows:
   26    (d) any of the following felonies, or an attempt  thereof  where  such
   27  attempt is a felony offense:
   28    aggravated  assault  upon  a  person  less  than  eleven years old, as
   29  defined in section 120.12 of  the  penal  law;  menacing  in  the  first
   30  degree,  as  defined in section 120.13 of the penal law; reckless endan-
   31  germent in the first degree, as defined in section 120.25 of  the  penal
   32  law;  stalking in the second degree, as defined in section 120.55 of the
   33  penal law; criminally negligent homicide, as defined in  section  125.10
   34  of  the  penal  law;  vehicular  manslaughter  in  the second degree, as
   35  defined in section 125.12 of the penal law;  vehicular  manslaughter  in
   36  the  first  degree,  as  defined  in  section  125.13  of the penal law;
   37  persistent sexual abuse, as defined in section 130.53 of the penal  law;
   38  aggravated  sexual  abuse  in  the  fourth degree, as defined in section
   39  130.65-a of the penal law; female  genital  mutilation,  as  defined  in
   40  section  130.85  of  the  penal  law;  facilitating a sex offense with a
   41  controlled substance, as defined in section 130.90  of  the  penal  law;
   42  unlawful  imprisonment in the first degree, as defined in section 135.10
   43  of the penal law; custodial interference in the first degree, as defined
   44  in section 135.50 of the penal  law;  criminal  trespass  in  the  first
   45  degree,  as defined in section 140.17 of the penal law; criminal tamper-
   46  ing in the first degree, as defined in section 145.20 of the penal  law;
   47  tampering  with  a  consumer  product in the first degree, as defined in
   48  section 145.45 of the penal law; robbery in the third degree as  defined
   49  in section 160.05 of the penal law; identity theft in the second degree,
   50  as  defined  in  section  190.79 of the penal law; identity theft in the
   51  first degree, as defined in section 190.80 of the penal  law;  promoting
   52  prison  contraband  in the first degree, as defined in section 205.25 of
   53  the penal law; tampering with a witness in the third degree, as  defined
   54  in  section  215.11  of  the  penal law; tampering with a witness in the
   55  second degree, as defined in section 215.12 of the penal law;  tampering
   56  with  a witness in the first degree, as defined in section 215.13 of the
       S. 116                              6
    1  penal law; criminal contempt in the first degree, as defined in subdivi-
    2  sions (b), (c) and (d) of section 215.51 of the  penal  law;  aggravated
    3  criminal  contempt,  as defined in section 215.52 of the penal law; bail
    4  jumping  in the second degree, as defined in section 215.56 of the penal
    5  law; bail jumping in the first degree, as defined in section  215.57  of
    6  the penal law; patronizing a prostitute in the second degree, as defined
    7  in  section  230.05  of  the  penal law; patronizing a prostitute in the
    8  first degree, as defined in section 230.06  of  the  penal  law;  SEXUAL
    9  EXPLOITATION  OF  A  CHILD,  AS DEFINED IN SECTION 230.06-A OF THE PENAL
   10  LAW; promoting prostitution in the second degree, as defined in  section
   11  230.30  of the penal law; promoting prostitution in the first degree, as
   12  defined in section 230.32 of the penal law; compelling prostitution,  as
   13  defined  in  section  230.33  of  the  penal law; disseminating indecent
   14  [materials] MATERIAL to minors in  the  second  degree,  as  defined  in
   15  section  235.21  of  the  penal  law; disseminating indecent [materials]
   16  MATERIAL to minors in the first degree, as defined in section 235.22  of
   17  the penal law; riot in the first degree, as defined in section 240.06 of
   18  the  penal  law;  criminal  anarchy, as defined in section 240.15 of the
   19  penal law; aggravated harassment of an employee by an inmate, as defined
   20  in section 240.32 of the penal law; unlawful surveillance in the  second
   21  degree, as defined in section 250.45 of the penal law; unlawful surveil-
   22  lance  in  the  first  degree, as defined in section 250.50 of the penal
   23  law; endangering the welfare of  a  vulnerable  elderly  person  in  the
   24  second  degree, as defined in section 260.32 of the penal law; endanger-
   25  ing the welfare of a vulnerable elderly person in the first  degree,  as
   26  defined  in  section 260.34 of the penal law; use of a child in a sexual
   27  performance, as defined in section 263.05 of the penal law; promoting an
   28  obscene sexual performance by a child, as defined in section  263.10  of
   29  the  penal  law; possessing an obscene sexual performance by a child, as
   30  defined in section 263.11 of the penal law; promoting a sexual  perform-
   31  ance by a child, as defined in section 263.15 of the penal law; possess-
   32  ing a sexual performance by a child, as defined in section 263.16 of the
   33  penal  law;  criminal  possession  of  a  weapon in the third degree, as
   34  defined in section 265.02 of the penal law; criminal sale of  a  firearm
   35  in  the  third  degree,  as  defined in section 265.11 of the penal law;
   36  criminal sale of a firearm to a minor, as defined in section  265.16  of
   37  the  penal  law;  unlawful wearing of a body vest, as defined in section
   38  270.20 of the penal law; hate crimes as defined in section 485.05 of the
   39  penal law; and crime of terrorism, as defined in section 490.25  of  the
   40  penal law; or
   41    S 21. Subdivision 2 of section 344.4 of the family court act, as added
   42  by chapter 761 of the laws of 1987, is amended to read as follows:
   43    2.  proves  or tends to prove that the victim has been convicted of an
   44  offense under section 230.00 OR 230.01 of the  penal  law  within  three
   45  years  prior  to  the  sex  offense which is the subject of the juvenile
   46  delinquency proceeding; or
   47    S 22. Subdivision (p) of section 10.03 of the mental hygiene  law,  as
   48  added by chapter 7 of the laws of 2007, is amended to read as follows:
   49    (p)  "Sex  offense"  means an act or acts constituting: (1) any felony
   50  defined in article one hundred thirty of  the  penal  law,  including  a
   51  sexually  motivated  felony;  (2)  patronizing a prostitute in the first
   52  degree as defined in section 230.06 of the  penal  law,  incest  in  the
   53  second  degree  as  defined  in  section 255.26 of the penal law, SEXUAL
   54  EXPLOITATION OF A CHILD AS DEFINED IN SECTION 230.06-A OF THE PENAL LAW,
   55  or incest in the first degree as defined in section 255.27 of the  penal
   56  law;  (3)  a felony attempt or conspiracy to commit any of the foregoing
       S. 116                              7
    1  offenses set forth in this subdivision; or (4) a designated  felony,  as
    2  defined  in  subdivision  (f) of this section, if sexually motivated and
    3  committed prior to the effective date of this article.
    4    S  23.  Subdivision  2 of section 353 of the multiple dwelling law, as
    5  amended by chapter 680 of the laws  of  1967,  is  amended  to  read  as
    6  follows:
    7    2. If there be two or more convictions in such dwelling within a peri-
    8  od  of  six  months, under sections 230.00, 230.01, 230.25, or 230.40 of
    9  the penal law.
   10    S 24. Subdivision 1 of section 2302  of  the  public  health  law,  as
   11  amended  by  chapter  680  of  the  laws  of 1967, is amended to read as
   12  follows:
   13    1. Every person arrested charged with a violation of  section  230.00,
   14  230.01  or  230.40  of  the penal law, or arrested for failure to comply
   15  with the order of a judge or justice issued pursuant to  the  provisions
   16  of  section  two  thousand three hundred one of this [chapter] TITLE, or
   17  any person arrested for frequenting disorderly houses or houses of pros-
   18  titution, shall be reported within twenty-four hours  by  the  court  or
   19  magistrate before whom such person is arraigned to the health officer of
   20  the  health district in which the alleged offense occurred, and shall be
   21  examined in accordance with the provisions of section two thousand three
   22  hundred of this [chapter] TITLE.
   23    S 25. Section 2324-a of the public health law, as amended  by  chapter
   24  260 of the laws of 1978, is amended to read as follows:
   25    S 2324-a. Presumptive evidence. For the purposes of this title, two or
   26  more  convictions  of  any person or persons had, within a period of one
   27  year, for any of the  offenses  described  in  section  230.00,  230.01,
   28  230.05, 230.20, 230.25 or 230.30 of the penal law arising out of conduct
   29  engaged  in  at  the same real property consisting of a dwelling as that
   30  term is defined in subdivision four of  section  four  of  the  multiple
   31  dwelling  law  shall be presumptive evidence of conduct constituting use
   32  of the premises for purposes of prostitution.
   33    S 26. Subdivision 2 of section 715 of the real  property  actions  and
   34  proceedings law, as added by chapter 494 of the laws of 1976, is amended
   35  to read as follows:
   36    2. For purposes of this section, two or more convictions of any person
   37  or  persons  had,  within  a period of one year, for any of the offenses
   38  described in section 230.00, 230.01, 230.05, 230.20, 230.25,  230.30  or
   39  230.40  of  the  penal law arising out of conduct engaged in at the same
   40  real property consisting of a dwelling as that term is defined in subdi-
   41  vision four of section four  of  the  multiple  dwelling  law  shall  be
   42  presumptive  evidence  of  conduct  constituting use of the premises for
   43  purposes of prostitution.
   44    S 27. Subdivision 3 of section  231  of  the  real  property  law,  as
   45  amended  by  chapter  203  of  the  laws  of 1980, is amended to read as
   46  follows:
   47    3. For the purposes of this section, two or more  convictions  of  any
   48  person  or  persons  had,  within  a  period of one year, for any of the
   49  offenses described in section 230.00, 230.01,  230.05,  230.20,  230.25,
   50  230.30,  or 230.40 of the penal law arising out of conduct engaged in at
   51  the same premises consisting of a dwelling as that term  is  defined  in
   52  subdivision  four  of section four of the multiple dwelling law shall be
   53  presumptive evidence of unlawful use of such premises and of the  owners
   54  knowledge of the same.
       S. 116                              8
    1    S  28. Paragraph (c) of subdivision 4 of section 509-cc of the vehicle
    2  and traffic law, as amended by chapter 405  of  the  laws  of  2010,  is
    3  amended to read as follows:
    4    (c)  The  offenses referred to in subparagraph (i) of paragraph (b) of
    5  subdivision one and subparagraph (i) of paragraph (c) of subdivision two
    6  of this section that result in disqualification for  a  period  of  five
    7  years  shall include a conviction under sections 100.10, 105.13, 115.05,
    8  120.03,  120.04,  120.04-a,  120.05,  120.10,  120.25,  121.12,  121.13,
    9  125.13,  125.14, 125.40, 125.45, 130.20, 130.25, 130.55, 135.10, 135.55,
   10  140.17, 140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10,  220.06,
   11  220.09,  220.16, 220.31, 220.34, 220.60, 221.30, 221.50, 221.55, 230.00,
   12  230.01,  230.05,  230.06,  230.06-A,  230.20,  230.25,  230.30,  230.32,
   13  235.05,  235.06, 235.07, 235.21, 240.06, 245.00, 260.10, subdivision two
   14  of section 260.20 and sections 260.25, 265.02, 265.03,  265.08,  265.09,
   15  265.10,  265.12,  265.35 of the penal law or an attempt to commit any of
   16  the aforesaid offenses under section 110.00 of the  penal  law,  or  any
   17  similar  offenses  committed under a former section of the penal law, or
   18  any offenses committed under a former section of  the  penal  law  which
   19  would  constitute violations of the aforesaid sections of the penal law,
   20  or any offenses committed outside  this  state  which  would  constitute
   21  violations of the aforesaid sections of the penal law.
   22    S  29.  This act shall take effect on the ninetieth day after it shall
   23  have become a law.
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