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.