Legislative Bill Drafting Commission 13065-01-9 S. -------Senate -------- IN SENATE--Introduced by Sen --read twice and ordered printed, and when printed to be committed to the Committee on -------- A. Assembly -------IN ASSEMBLY--Introduced by M. of A. with M. of A. as co-sponsors --read once and referred to the Committee on *PENALA* (Relates to the decriminalization of sex work; repealer) -------Pen L. prostitution; decriminaliz AN ACT to amend the penal law, in relation to decriminalizing sex work; and to repeal certain provisions of such law relating to prostitution (Part A); to amend the criminal procedure law, the civil practice law and rules, the social services law, and the administrative code of the city of New York, in relation to eliminating prior criminal records and making other related changes; and to repeal certain provisions of the criminal procedure law relating to the prosecution of prostitution IN SENATE____________________________________________________ Senate introducer's signature The senators whose names are circled below wish to join me in the sponsorship of this proposal: s15 Addabbo s02 Flanagan s09 Kaminsky s25 Montgomery s52 Akshar s55 Funke s07 Kaplan s20 Myrie s23 Savino s32 Sepulveda s46 Amedore s59 Gallivan s26 Kavanagh s58 O'Mara s41 Serino s50 Antonacci s05 Gaughran s63 Kennedy s62 Ortt s29 Serrano s36 Bailey s12 Gianaris s28 Krueger s21 Parker s51 Seward s30 Benjamin s22 Gounardes s24 Lanza s19 Persaud s39 Skoufis s34 Biaggi s47 Griffo s01 LaValle s13 Ramos s16 Stavisky s04 Boyle s40 Harckham s45 Little s61 Ranzenhofer s35 Stewart- s44 Breslin s54 Helming s11 Liu s48 Ritchie Cousins s08 Brooks s27 Hoylman s03 Martinez s33 Rivera s49 Tedisco s38 Carlucci s31 Jackson s53 May s56 Robach s06 Thomas s14 Comrie s60 Jacobs s37 Mayer s18 Salazar s57 s17 Felder s43 Jordan s42 Metzger s10 Sanders IN ASSEMBLY__________________________________________________ Assembly introducer's signature The Members of the Assembly whose names are circled below wish to join me in the multi-sponsorship of this proposal: a049 Abbate a072 De La Rosa a029 Hyndman a144 Norris a090 Sayegh a092 Abinanti a034 DenDekker a104 Jacobson a069 O'Donnell a140 Schimminger a084 Arroyo a003 DeStefano a097 Jaffee a051 Ortiz a099 Schmitt a107 Ashby a070 Dickens a011 Jean-Pierre a091 Otis a076 Seawright a035 Aubry a054 Dilan a135 Johns a132 Palmesano a052 Simon a120 Barclay a081 Dinowitz a115 Jones a002 Palumbo a036 Simotas a030 Barnwell a147 DiPietro a077 Joyner a088 Paulin a005 Smith a106 Barrett a016 D'Urso a040 Kim a141 Peoples- a060 Barron a048 Eichenstein a131 Kolb a082 Benedetto a004 Englebright a105 Lalor a058 Perry a042 Bichotte a074 Epstein a013 Lavine a023 Pheffer a079 Blake a109 Fahy a134 Lawrence Stokes Amato a118 Smullen a022 Solages a114 Stec a110 Steck a010 Stern a117 Blankenbush a061 Fall a050 Lentol a086 Pichardo a127 Stirpe a098 Brabenec a125 Lifton a089 Pretlow a102 Tague a080 Fernandez a026 Braunstein a126 Finch a009 LiPetri a073 Quart a071 Taylor a138 Bronson a008 Fitzpatrick a123 Lupardo a019 Ra a001 Thiele a093 Buchwald a124 Friend a129 Magnarelli a012 Raia a031 Titus a142 Burke a046 Frontus a064 Malliotakis a006 Ramos a033 Vanel a119 Buttenschon a095 Galef a130 Manktelow a018 Raynor a116 Walczyk a094 Byrne a137 Gantt a108 McDonald a062 Reilly a133 Byrnes a007 Garbarino a014 McDonough a087 Reyes a143 Wallace a103 Cahill a148 Giglio a146 McMahon a043 Richardson a112 Walsh a044 Carroll a066 Glick a017 Mikulin a078 Rivera a041 Weinstein a047 Colton a150 Goodell a101 Miller, B. a068 Rodriguez a024 Weprin a032 Cook a075 Gottfried a038 Miller, M. G. a136 Romeo a085 Crespo a021 Griffin a020 Miller, M. L. a027 Rosenthal, D. a113 Woerner a122 Crouch a100 Gunther a015 Montesano a067 Rosenthal, L. a056 Wright a039 Cruz a139 Hawley a145 Morinello a025 Rozic a063 Cusick a083 Heastie a057 Mosley a149 Ryan a045 Cymbrowitz a028 Hevesi a065 Niou a121 Salka a053 Davila a128 Hunter a037 Nolan a111 Santabarbara a055 Walker a059 Williams a096 Zebrowski 1) Single House Bill (introduced and printed separately in either or both houses). Uni-Bill (introduced simultaneously in both houses and printed as one bill. Senate and Assembly introducer sign the same copy of the bill). 2) Circle names of co-sponsors and return to introduction clerk with 2 signed copies of bill and 4 copies of memorandum in support (single house); or 4 signed copies of bill and 8 copies of memorandum in support (uni-bill). LBDC 03/11/19 05/30/19 offenses (Part B); and to amend the multiple dwelling law, the public health law, the real property actions and proceedings law, the real property law, the vehicle and traffic law, and the administrative code of the city of New York, in relation to making conforming changes (Part C) The People of the State of New __________________________________ ____________________________________ York, represented in Senate and Assembly, do enact as follows: ______________________________ 2 13065-01-9 05/30/19 1 3 Section 1. This 13065-01-9 act enacts into law major components of legislation 2 relating to the decriminalization of certain prostitution offenses. Each 3 component of this act is wholly contained within a 4 Parts 5 contained within such Part is set forth in 6 Part. 7 the effective date of the Part, which makes reference to a 8 this act", when used in connection with that particular component, shall 9 be A through Any C. provision The the last as section of such in any section contained within a Part, including section "of deemed to mean and refer to the corresponding section of the Part in which it is found. Section three of this act sets 11 effective date of this act. 12 PART A 13 DECRIMINALIZATION Section forth the general 1. Section 230.00 of the penal law, as amended by chapter 169 15 of the laws of 1969, is amended to read as follows: 16 § 230.00 Prostitution; _____________ definitions. 17 identified effective date for each particular provision 10 14 Part [A person is guilty of prostitution when such person engages or agrees 18 or offers to engage in sexual conduct with another person in return 19 a fee. for 20 Prostitution is a class B Misdemeanor] 21 ______________________________________________________________________ As used in this chapter, the following terms have the following mean- 22 23 24 _____ ings: ______________________________________________________________________ 1. "Prostitution" means engaging or agreeing to engage in sexual ________________________________________________ conduct with another person in return for a fee. 25 ______________________________________________________________________ 2. A person "patronizes a person for prostitution" when: (a) pursuant 26 ________________________________________________________________________ to a prior understanding, the actor pays a fee to another person as 05/30/19 4 13065-01-9 1 ________________________________________________________________________ compensation for such other person or a third person having engaged in 2 _________________________________ sexual conduct with the actor; or 3 ______________________________________________________________________ (b) the person pays or agrees to pay a fee to another person pursuant 4 ________________________________________________________________________ to an understanding that in return therefor such other person or a third 5 _______________________________________________________ person will engage in sexual conduct with the actor; or 6 7 ______________________________________________________________________ (c) the person solicits or requests another person to engage in sexual ___________________________________________ conduct with the actor in return for a fee. 8 ______________________________________________________________________ 3. "Person who is patronized" means the person with whom the actor 9 ________________________________________________________________________ engaged in sexual conduct or was to have engaged in sexual conduct 10 ________________________________________________________________________ pursuant to the understanding, or the person who was solicited or 11 ___________________________________________________ requested by the actor to engage in sexual conduct. 12 ______________________________________________________________________ 4. "School zone" means (a) in or on or within any building, structure, 13 ________________________________________________________________________ athletic playing field, playground or land contained within the real 14 ________________________________________________________________________ property boundary line of a public or private elementary, parochial, 15 ________________________________________________________________________ intermediate, junior high, vocational, or high school, or (b) any public 16 ________________________________________________________________________ sidewalk, street, parking lot, park, playground or private land, located 17 _________________________________________________________ immediately adjacent to the boundary line of such school. 18 ______________________________________________________________________ 5. (a) "Advance prostitution." A person "advances prostitution" when, 19 ________________________________________________________________________ acting other than as a person in prostitution or as a patron thereof, 20 ________________________________________________________________________ and with intent to cause prostitution, the actor directly engages in 21 ______________________________________________________________ conduct that facilitates an act or enterprise of prostitution. 22 ______________________________________________________________________ (b) Conduct by a person under twenty-one years of age shall not 23 ________________________________________________________________________ constitute advancing prostitution unless the person participated in 24 ________________________________________________________________________ compulsion by force or intimidation or in sex trafficking, or the person 25 ________________________________________________________________ whose prostitution was advanced is under seventeen years of age. 26 ______________________________________________________________________ 6. "Profit from prostitution." A person profits from prostitution 27 ________________________________________________________________________ when, acting other than as a person in prostitution receiving compen- 28 ________________________________________________________________________ sation for personally rendered prostitution services, the actor accepts 05/30/19 5 13065-01-9 1 ________________________________________________________________________ or receives money or other property pursuant to an agreement or under- 2 ________________________________________________________________________ standing with any person whereby the actor participates or is to partic- 3 _______________________________________________ ipate in the proceeds of prostitution activity. 4 § 2. Section 230.01 of the penal law, as amended by chapter 189 of the 5 laws of 2018, is amended to read as follows: 6 § 230.01 Prostitution; affirmative defense. 7 In any prosecution under [section 230.00,] section 230.03, section 8 230.19, [230.20, subdivision 2 of 9 section 230.30, __ or section section 230.34-a 230.25,] [or subdivision 2 of subdivision two of section 10 240.37] of this [part] _______ article, it is an affirmative 11 defendant's 12 victim of compelling prostitution under section 230.33, a victim of 13 trafficking 14 ficking of a child under section 230.34-a of this article or a victim of 15 trafficking in persons under 16 (United States Code, Title 22, Chapter 78). participation the trafficking victims 18 § sex protection act Section 230.03 of the penal law, as added by chapter 191 of the 19 laws of 2011, subdivision 2 as amended by chapter 368 20 2015, is amended to read as follows: 21 § 230.03 Prostitution in a school zone. [1.] the under section 230.34 of this article, a victim of sex traf- § 3. Section 230.02 of the penal law is REPEALED. 22 that in the offense was a result of having been a 17 4. defense A of the laws of person is guilty of prostitution in a school zone when, being 23 nineteen years of age or older, and acting during the hours that 24 is in session, [he or she] _________ the actor commits [the crime] ______ an act of pros- 25 titution 26 that [he or she] _________ the actor knows, or reasonably should 27 school zone, and [he or she] _________ the actor knows, or reasonably should know, [in violation of school section 230.00 of this article] at a place know, is in a 05/30/19 6 1 that 2 attending such school. 3 such [2. For act the of prostitution purposes of 13065-01-9 this is within the direct view of children section, section 230.08 and section 4 230.19 of this article, "school zone" means (a) in or on or 5 building, 6 contained within the real property boundary line of a public or 7 elementary, 8 school, or (b) any public sidewalk, street, 9 ground 10 or structure, parochial, private athletic playing intermediate, land, field, within playground any or land private junior high, vocational, or high parking lot, park, play- located immediately adjacent to the boundary line of such school.] 11 Prostitution in a school zone is a class A misdemeanor. 12 § 5. Sections 230.04, 230.05, 230.06, 230.07 and 230.08 of the penal 13 law, 14 as follows: 15 § 230.04 Patronizing a person for prostitution in the third degree. 16 as amended by chapter 368 of the laws of 2015, are amended to read A person is guilty of patronizing a person for prostitution 17 third 18 tution _________________________________________________________ and the person patronized is less than eighteen years old. in 19 degree when [he or she] _________ the actor patronizes a person for prosti- Patronizing a person for prostitution in the third degree is a class A 20 misdemeanor. 21 § 230.05 Patronizing a person for prostitution in the second degree. 22 A person is guilty of patronizing a person degree prostitution in second 24 _____ actor patronizes a person for prostitution and the person patronized 25 less than fifteen years old. Patronizing when, for 23 26 the the being eighteen years old or more, [he or she] ___ the is a person for prostitution in the second degree is a class 27 E felony. 28 § 230.06 Patronizing a person for prostitution in the first degree. 05/30/19 1 2 1. 2. Being eighteen years old or more, [he or she] _________ the actor 7 teen years old. 11 in the person patronized is less than eleven years old; or a 10 prostitution [He or she] _________ The actor patronizes a person for prostitution and the 6 9 for first degree when: 5 8 13065-01-9 A person is guilty of patronizing a person 3 4 7 person patronizes for prostitution and the person patronized is less than thir- Patronizing a person for prostitution in the first degree is a class D felony. § 230.07 Patronizing a person for prostitution; defense. In any prosecution for patronizing a person for prostitution in the 12 first 13 tution in a school zone, it is a defense that the defendant did not have 14 reasonable grounds to believe that the person 15 specified. 16 § 230.08 Patronizing a person for prostitution in a school zone. 17 [or], _ second ________ or third degrees or patronizing a person for prosti- [1.] was less school zone when, being twenty-one years old or more, [he 19 _____ actor 20 less than eighteen years old at a place 21 knows, or reasonably should know, is in a school zone. 23 24 25 26 the age A person is guilty of patronizing a person for prostitution in a 18 22 than or she] ___ the patronizes a person for prostitution and the person patronized is [2. For purposes of that [he or she] __________ the actor this section, "school zone" shall mean "school zone" as defined in subdivision two of section 230.03 of this article.] Patronizing a person for prostitution in a school zone is a class E felony. § 6. Section 230.10 of the penal law, the section heading and the 27 opening paragraph as amended by chapter 368 of 28 amended to read as follows: the laws of 2015, is 05/30/19 1 § 230.10 Prostitution 2 3 8 and patronizing 13065-01-9 a person for prostitution; no defense. In any prosecution for prostitution or patronizing a person for pros- 4 titution, the sex of [the two] __________ any of the parties or prospective parties 5 to the sexual conduct engaged in, contemplated or solicited is immateri- 6 al[, and it is no defense that: 7 1. Such persons were of the same sex; or 8 2. The person who received, agreed to receive or solicited a fee was a 9 10 11 male and the person who paid or agreed or offered to pay such fee was female]. § 7. Sections 230.11, 230.12 and 230.13 of the penal law, as added by 12 chapter 368 of the laws of 2015, are amended to read as follows: 13 § 230.11 Aggravated patronizing a minor for prostitution 14 15 in the A person is guilty of aggravated patronizing a minor for prostitution in the third degree when, being twenty-one years old 17 she] 18 patronized is less than seventeen years old and 19 patronizing 20 sexual conduct, or aggravated sexual conduct as those terms are 21 in section 130.00 of this part, with the person patronized. __________ the actor patronizes engages a class E felony. 24 § 230.12 Aggravated 26 in a sexual person or more, [he or for prostitution and the person the person guilty of intercourse, oral sexual conduct, anal defined Aggravated patronizing a minor for prostitution in the third degree is 23 25 third degree. 16 22 a patronizing a minor for prostitution in the second degree. A person is guilty of aggravated patronizing a minor for prostitution 27 in the second degree when, being eighteen years old or more, [he or she] 28 _________ the actor patronizes a person for prostitution and the person patronized 05/30/19 9 1 is 2 engages in sexual intercourse, oral sexual conduct, anal sexual conduct, 3 or aggravated sexual conduct as 4 130.00 of this part, with the person patronized. 5 less than Aggravated fifteen years 13065-01-9 patronizing old and the person guilty of patronizing those terms are defined is a class D felony. 7 § 230.13 Aggravated patronizing a minor for prostitution 9 section a minor for prostitution in the second degree 6 8 in in the first degree. A person is guilty of aggravated patronizing a minor for prostitution 10 in the first degree when [he or she] _________ the actor patronizes a 11 prostitution and the person patronized is less than eleven years old, or 12 being 13 person for prostitution and the person patronized is less than 14 years old, and the person guilty of patronizing engages in sexual inter- 15 course, 16 conduct as those terms are defined in section 130.00 of this part, 17 the person patronized. 18 19 eighteen oral years old for or more, [he or she] _________ the actor patronizes a thirteen sexual conduct, anal sexual conduct, or aggravated sexual with Aggravated patronizing a minor for prostitution in the first degree is a class B felony. 20 § 8. Section 230.15 of the penal law is REPEALED. 21 § 9. Section 230.19 of the penal law, as added by chapter 191 of the 22 laws of 2011, subdivision 1 as amended by chapter 368 23 2015, is amended to read as follows: 24 § 230.19 Promoting prostitution in a school zone. 25 person [1.] A person is of the of guilty of promoting prostitution in a school zone 26 when, being nineteen years old or more, [he or she] _________ the actor 27 advances 28 or reasonably should know is or laws knowingly profits from prostitution that [he or she] _________ the actor knows or will be committed in violation of 05/30/19 10 1 section 2 school is in session. 3 4 [2. 230.03 For of 13065-01-9 this article in a school zone during the hours that purposes of this section, "school zone" shall mean "school zone" as defined in subdivision two of section 230.03 of this article.] 5 Promoting prostitution in a school zone is a class E felony. 6 § 10. Sections 230.20 and 230.25 of the penal law are REPEALED. 7 § 11. Section 230.30 of the penal law, as amended by 8 the laws of 2015, is amended to read as follows: 9 § 230.30 Promoting prostitution in the second degree. 10 11 12 chapter 368 of A person is guilty of promoting prostitution in the second degree when [he or she] _________ the actor knowingly: 1. Advances prostitution by compelling a person by force or intim- 13 idation to engage in prostitution, or profits from such coercive conduct 14 by another; or 15 16 2. Advances or profits from prostitution of a person less than eigh- teen years old. 17 Promoting prostitution in the second degree is a class C felony. 18 § 12. Section 230.32 of the penal law, as added by chapter 627 of the 19 laws of 1978, the opening paragraph and subdivisions 1 and 2 as 20 by chapter 368 of the laws of 2015, is amended to read as follows: 21 § 230.32 Promoting prostitution in the first degree. 22 23 24 25 26 A amended person is guilty of promoting prostitution in the first degree when [he or she] _________ the actor: 1. knowingly advances or profits from prostitution of a person less than thirteen years old; or 2. being twenty-one years old or more, [he or she] _________ the actor knowingly 27 advances 28 years old. or profits from prostitution of a person less than fifteen 05/30/19 11 13065-01-9 1 Promoting prostitution in the first degree is a class B felony. 2 § 13. Section 230.33 of the penal law, as amended by chapter 368 of 3 the laws of 2015, is amended to read as follows: 4 § 230.33 Compelling prostitution. 5 A person is guilty of compelling prostitution when, being eighteen 6 years old or more, [he or she] _________ the actor knowingly advances prostitution 7 by 8 idation, to engage in prostitution. 9 10 11 12 13 14 compelling a person less than eighteen years old, by force or intim- Compelling prostitution is a class B felony. § 14. The opening paragraph of section 230.34 of the penal law, as added by chapter 74 of the laws of 2007, is amended to read as follows: A person is guilty of sex trafficking if [he or she] _________ the actor inten- tionally advances or profits from prostitution by: § 15. Section 230.34-a of the penal law, as added by 15 the laws of 2018, is amended to read as follows: 16 § 230.34-a Sex trafficking of a child. chapter 189 of 17 [1.] A person is guilty of sex trafficking of a child when [he or she] 18 _________ the actor, being twenty-one years old or more, intentionally advances or 19 profits 20 less than eighteen years old. Knowledge by the defendant of the 21 such 22 a prosecution therefor that the defendant did not know the 23 child or believed such age to be eighteen or over. from prostitution of another person and such person is a child age of child is not an element of this offense and it is not a defense to 24 [2. For purposes of this section: 25 (a) A person "advances prostitution" age of the when, acting other than as a 26 person in prostitution or as a patron thereof, and with intent to 27 prostitution, 28 act or enterprise of prostitution. cause he or she directly engages in conduct that facilitates an 05/30/19 1 12 13065-01-9 (b) A person "profits from prostitution" when, acting other than as in prostitution a 2 person 3 prostitution services, and with intent to facilitate prostitution, he or 4 she accepts or receives money or other property pursuant to an agreement 5 or 6 proceeds of prostitution activity.] understanding receiving compensation for personally rendered with any person whereby he or she participates in the 7 Sex trafficking of a child is a class B felony. 8 § 16. Section 230.35 of the penal law, as amended by 9 10 11 chapter 368 the laws of 2015, is amended to read as follows: § 230.35 Promoting or compelling prostitution; accomplice. In a prosecution for promoting prostitution or compelling prostitu- 12 tion, a person [less than eighteen years old] 13 activity 14 advance or profited or attempted to profit shall not be deemed to be 15 accomplice. 16 § 17. another Section person 230.40 is of alleged the 17 amended by chapter 368 of the laws 18 follows: 19 § 230.40 Permitting prostitution. 20 A whose prostitution to have advanced or attempted to penal of from an law, the opening paragraph as 2015, is amended to read as person is guilty of permitting prostitution when, having possession 21 or control of premises or vehicle which [he or she] _________ the actor knows 22 being 23 prostitution, [he or she] _______________________________________ in violation of this article, the actor 24 to make reasonable effort to halt or abate such use. used for prostitution Permitting prostitution is a class B misdemeanor. 26 § 18. Section 240.37 of the penal law is REPEALED. 27 § 19. are purposes or for the purpose of advancing 25 28 of fails This act shall take effect on the thirtieth day after it shall have become a law. 05/30/19 13 13065-01-9 1 PART B 2 ELIMINATING PRIOR CRIMINAL RECORDS AND OTHER RELATED PROVISIONS 3 4 Section 1. Subdivision 3 of section 160.50 of the criminal procedure law is amended by adding a new paragraph (m) to read as follows: 5 ______________________________________________________________________ (m) The accusatory instrument alleged a violation of article two 6 ________________________________________________________________________ hundred thirty or section 240.37 of the penal law, as in effect prior to 7 ________________________________________________________________________ the effective date of this paragraph, and the accusatory instrument, 8 ________________________________________________________________________ initially or as amended, does not allege conduct that is an offense 9 ________________________________________________________________________ under law in effect on and after the effective date of this paragraph. 10 ________________________________________________________________________ No defendant shall be required or permitted to waive eligibility for 11 ________________________________________________________________________ sealing pursuant to this paragraph as part of a plea of guilty, a 12 ________________________________________________________________________ sentence or any agreement related to a conviction or other disposition. 13 ______________________________________________________________ Any such waiver shall be deemed void and wholly unenforceable. 14 15 § 2. Section 160.50 of the criminal procedure law is amended by adding a new subdivision 5 to read as follows: 16 ______________________________________________________________________ 5. A person in whose favor a criminal action or proceeding was termi- 17 ________________________________________________________________________ nated, as defined in paragraph (m) of subdivision three of this section, 18 ________________________________________________________________________ may upon motion apply to the court in which such termination occurred, 19 ________________________________________________________________________ upon not less than twenty days notice to the district attorney, for an 20 ________________________________________________________________________ order granting to such person the relief set forth in subdivision one of 21 ________________________________________________________________________ this section, and such order shall be granted unless the district attor- 22 ________________________________________________________________________ ney demonstrates to the satisfaction of the court that the interests of 23 __________________________ justice require otherwise. 24 § 3. Paragraph (j) of subdivision 1 of section 440.10 of the criminal 25 procedure law, as amended by section 2 of part MMM of chapter 59 of 26 laws 27 follows: of the 2019, is amended and a new subdivision (k) is added to read as 05/30/19 1 14 13065-01-9 (j) The judgment is a conviction for a class A or unclassified 2 meanor 3 fies the ground prescribed in paragraph (h) of this subdivision. 4 shall 5 offense 6 collateral 7 consequences, 8 conviction by verdict constitutes cruel 9 section 10 misde- entered prior to the effective date of this paragraph and satis- be There a rebuttable presumption that a conviction by plea to such an was not knowing, consequences, five and of there voluntary and intelligent, based on ongoing including potential shall a article one be or rebuttable and unusual actual immigration presumption that a punishment under of the state constitution based on such consequences[.]; ____ or 11 ______________________________________________________________________ (k) The judgment is a conviction for a violation of article two 12 ________________________________________________________________________ hundred thirty or section 240.37 of the penal law, as in effect prior to 13 ________________________________________________________________________ the effective date of this paragraph, provided that the court shall 14 ________________________________________________________________________ decline to vacate any portion of the judgment of conviction that is for 15 ________________________________________________________________________ conduct that is an offense under law in effect at the time of the 16 ______________________________________________________________ conduct and on and after the effective date of this paragraph. 17 18 § 4. Section 440.10 of the criminal procedure law is amended by adding a new subdivision 6-a to read as follows: 19 ______________________________________________________________________ 6-a. If the court grants a motion under paragraph (k) of subdivision 20 ________________________________________________________________________ one of this section, it must vacate the judgment and dismiss the accusa- 21 ________________________________________________________________________ tory instrument, to the extent it has vacated the judgment, and may take 22 ______________________________________________________________ such additional action as is appropriate in the circumstances. 23 § 5. Subdivision 5 of section 1310 of the civil practice law and 24 rules, as added by chapter 669 of the laws of 1984, is amended 25 as follows: 26 5. to read "Post-conviction forfeiture crime" means any felony defined in the 27 penal law or any other chapter of the consolidated laws of the state. 28 ________________________________________________________________________ However, this shall not include any felony under article two hundred 05/30/19 15 13065-01-9 1 ________________________________________________________________________ thirty of the penal law in effect prior to the effective date of a chap- 2 ________________________________________________________________________ ter of the laws of two thousand nineteen which amended this subdivision, 3 _____________________________________________________________________ unless it was also a felony under that article on or after that date. 4 § 6. Section 60.47 of the criminal procedure law is REPEALED. 5 § 7. Paragraphs (c) and (d) of subdivision 1 of section 160.10 of the 6 criminal procedure law, paragraph (c) as amended by chapter 762 7 laws 8 2010, are amended to read as follows: 9 (c) A misdemeanor defined outside the penal law which would constitute a felony if such person had a previous 11 crime[; or 12 judgment of conviction for defined in subdivision two of section 240.37 of the penal law]. § 8. Subdivision 4 of section 170.30 of the criminal procedure law is REPEALED. 16 § 9. Section 170.80 of the criminal procedure law is REPEALED. 17 § 10. Subdivision 2 of section 420.35 of the criminal 18 as 19 follows: 20 a (d) Loitering for the purpose of engaging in a prostitution offense as 14 15 the of 1971 and paragraph (d) as amended by chapter 232 of the laws of 10 13 of amended by chapter procedure law, 189 of the laws of 2018, is amended to read as 2. Under no circumstances shall the mandatory surcharge, sex offender 21 registration fee, DNA databank fee or the crime victim assistance fee be 22 waived 23 assistance fee if such defendant is an 24 subdivision two of section 720.10 of this chapter, and the imposition of 25 such 26 her immediate family, or any other 27 defendant 28 surcharge, DNA databank fee and crime victim assistance provided, fee would for however, that a court may eligible waive the crime victim youth as defined in work an unreasonable hardship on the defendant, his or financial support. person A who court is dependent on such shall waive any mandatory fee when: (i) 05/30/19 16 13065-01-9 1 the defendant is convicted of [loitering for the purpose of engaging in 2 prostitution under section 240.37 of the penal law 3 defendant 4 a person for prostitution); (ii) the defendant is convicted of prostitu- 5 tion 6 convicted of a violation in the event such conviction is in 7 plea to or conviction for loitering for the purpose of engaging in pros- 8 titution 9 defendant was not alleged to be loitering for the purpose of patronizing (provided that the was not convicted of loitering for the purpose of patronizing under section under 230.00 section of 240.37 the of penal law; (iii) the defendant is the penal lieu of a law (provided that the 10 a person for prostitution) or prostitution under section 230.00 11 penal 12 ________________________________________________________________________ of the penal law, as in effect prior to the effective date of a chapter 13 ________________________________________________________________________ of the laws of two thousand nineteen which amended this subdivision, 14 ________________________________________________________________________ unless the violation is an offense under law in effect on and after that 15 ______________ effective date or [(iv)] ____ (ii) the court finds 16 victim 17 ________________________________________________________________ trafficking of a child under section 230.34-a of the penal law, 18 victim 19 protection act (United States Code, Title 22, Chapter 78)[; or 20 court finds that the defendant is a victim of sex trafficking of a child 21 under section 230.34-a of the penal law]. 22 23 24 of sex of] trafficking trafficking in that a defendant is a under section 230.34 of the penal law, _____ sex persons under the trafficking or [a victims (v) the § 11. Subdivision 4 of section 720.15 of the criminal procedure law is REPEALED. § 12. Subdivision 1 of section 720.35 of the criminal procedure law, as amended by chapter 402 of the laws of 2014, is 26 follows: 28 the law;] ___________________________________________________________ a violation of article two hundred thirty or section 240.37 25 27 of 1. A youthful amended to read as offender adjudication is not a judgment of conviction for a crime or any other offense, and does not operate as a disquali- 05/30/19 17 of 1 fication 2 employment or to receive any license granted 3 shall be deemed a conviction only for the purposes of transfer of super- 4 vision 5 executive law. [A defendant for whom a 6 was substituted, who was originally charged with prostitution as defined 7 in 8 prostitution as defined in subdivision two 9 penal law provided that the person does not stand charged with loitering and section person so adjudged to hold public office or public by public authority but custody pursuant to section two hundred fifty-nine-m of the 230.00 the offender adjudication penal law or loitering for the purposes of of section 240.37 of the for 11 committed when he or she was sixteen or seventeen years of age, shall be 12 deemed a "sexually exploited child" as defined 13 section four hundred forty-seven-a of the social services law and there- 14 fore shall not be considered an adult for purposes related to the charg- 15 es 16 170.80 of this chapter.] in purpose of youthful 10 17 the any 13065-01-9 the of patronizing a prostitute, for an offense allegedly youthful 19 amended to read as follows: 22 23 24 the (c) is a victim of the crime of compelling prostitution as defined in section 230.33 of the penal law; __ or (d) engages in acts or conduct described in article two hundred sixty-three [or section 240.37] of the penal law. § 14. The third undesignated paragraph of subdivision a of 3-118 26 chapter 189 of the laws of 2018, is amended to read as follows: 28 of services law, as amended by chapter 189 of the laws of 2018, are 25 27 one § 13. Paragraphs (c) and (d) of subdivision 1 of section 447-a of social 21 subdivision offender proceeding or a proceeding under section 18 20 in section of the administrative code of the city of New York, as amended by Sexually exploited youth. The term "sexually exploited youth" means persons under the age of 18 who have been subject to sexual exploitation 05/30/19 18 they 1 because 2 defined in section 230.34 of the penal law; (b) engage 3 defined 4 crime 5 penal law; (d) are a victim of the crime of sex trafficking of 6 as 7 or conduct described in article 263 [or section 8 law. 9 subject to incest in the third degree, second degree or first degree, as 10 defined in sections 255.25, 255.26, and 255.27 of the penal law, respec- 11 tively, 12 penal law. in are of section compelling defined 13 (a) the 230.00 victim 13065-01-9 of of the crime of sex trafficking as in any prostitution as defined in section 230.33 of the a child in section 230.34-a of the penal law; or (e) engage in acts 240.37] of the penal The term shall also mean persons under the age of 18 who have been or any of the § 15. The office of court all necessary sex offenses enumerated in article 130 of the administration shall establish available 15 than sixty days following the effective date of this section. 16 § 16. This act shall take effect on the thirtieth day after and make forms for proceedings under this act no later it shall have become a law. 18 PART C 19 OTHER CONFORMING CHANGES 20 21 as the penal law; (c) are a victim of the 14 17 act Section 1. Subdivision 1 of section 12 of the multiple dwelling law is amended to read as follows: 22 1. It shall be unlawful to use any multiple dwelling or any part of 23 the lot or premises thereof for the purpose of _________________________ criminal conduct related 24 __ to 25 ________________________________________________________________________ hundred thirty of the penal law. This subdivision shall only apply to 26 ________________________________________________________________________ conduct involving prostitution activity in violation of article two prostitution [or assignation of any description] _________________ under article two 05/30/19 19 13065-01-9 1 ________________________________________________________________________ hundred thirty of the penal law on or after the effective date of a 2 ________________________________________________________________________ chapter of the laws of two thousand nineteen that amended this subdivi- 3 ____ sion. 4 § 2. Sections 351 and 352 of the multiple dwelling law, section 352 as 5 amended 6 follows: 7 by chapter § 351. Lien. 310 of the laws of 1962, are amended to read as A multiple dwelling shall be subject to a penalty of one 8 thousand dollars if it or any part of it shall be used 9 prostitution [or assignation] __________________________________________ in violation of article two hundred thirty a house of 10 ___________________ of the penal law 11 shall be a lien upon the dwelling and lot upon 12 ________________________________________________________________________ This section shall only apply to conduct involving prostitution activity 13 ________________________________________________________________________ in violation of article two hundred thirty of the penal law on or after 14 ________________________________________________________________________ the effective date of a chapter of the laws of two thousand nineteen 15 __________________________ that amended this section. 16 § 352. Recovery with as of the permission of the owner, and such penalty premises. which it is situated. If a multiple dwelling, or any part 17 thereof, shall be used as a house of prostitution 18 _______________________________________________________________ violation of article two hundred thirty of the penal law with the 19 permission of the lessee or [his] ____________ the lessee's agent, the lease shall be 20 terminable at the election of the lessor, and the owner shall 21 tled 22 ________________________________________________________________________ This section shall only apply to conduct involving prostitution activity 23 ________________________________________________________________________ in violation of article two hundred thirty of the penal law on or after 24 ________________________________________________________________________ the effective date of a chapter of the laws of two thousand nineteen 25 __________________________ that amended this section. 26 27 to recover possession of assignation] be __ in enti- said premises by summary proceedings. § 3. Section 2320 of the public health follows: [or law is amended to read as 05/30/19 1 20 13065-01-9 § 2320. Houses of prostitution; equipment; nuisance. 2 erect, 3 erection, or place used for the purpose of [lewdness, 4 prostitution 5 _________ penal law is guilty of maintaining a nuisance. 6 2. establish, 1. Whoever shall continue, maintain, use, own, or lease any building, assignation, or] __________________________________________________________ activity in violation of article two hundred thirty of the The building, erection, or place, or the ground itself, in or upon 7 which any [lewdness, assignation, or] prostitution _____________________ activity in violation 8 ______________________________________________ of article two hundred thirty of the penal law is conducted, 9 or carried on, continued, or exists, and permitted, the furniture, fixtures, 10 musical instruments, and movable property used in conducting or main- 11 taining such nuisance, are hereby declared to be a nuisance and shall be 12 enjoined and abated as hereafter provided. 13 ______________________________________________________________________ 3. This article shall only apply to conduct involving prostitution 14 ________________________________________________________________________ activity in violation of article two hundred thirty of the penal law on 15 ________________________________________________ or after the effective date of this subdivision. 16 § 4. Subdivision 5 of section 711 of the real property actions and 17 proceedings law, as added by section 312 of the laws of 1962, is amended 18 to read as follows: 19 5. The premises, or any part thereof, are used or occupied [as a 20 bawdy-house, 21 purposes of prostitution _______________________________________________ activity in violation of article two hundred 22 ___________________________ thirty of the penal law, or for any illegal trade or manufacture, or 23 other illegal business. 24 ________________________________________________________________________ activity" shall only mean conduct in violation of article two hundred 25 ________________________________________________________________________ thirty of the penal law on or after the effective date of a chapter of 26 ________________________________________________________________ the laws of two thousand nineteen that amended this subdivision. 27 28 § or house or place of assignation for lewd persons, or] for _______________________________________________ As used in this subdivision, "prostitution 5. Subdivisions 1 and 2 of section 715 of the real property actions and proceedings law, subdivision 1 as amended by chapter 555 of the laws 05/30/19 21 13065-01-9 1 of 1978, subdivision 2 as amended by chapter 368 of the 2 are amended to read as follows: 3 1. An laws of 2015, owner or tenant, including a tenant of one or more rooms of an 4 apartment house, tenement house or multiple dwelling, of any premises 5 within 6 pied in whole or in part as a bawdy-house, or house or place of assigna- 7 tion for lewd persons, or] for 8 ____________________________________________________________ violation of article two hundred thirty of the penal law, or for any 9 illegal trade, business or two hundred feet from other demised real property [used or occu- for the purposes manufacture, of or prostitution any ____________ activity in domestic corporation 10 organized 11 visitation by the state department of social services 12 certificate 13 regulations of the department, or any duly authorized enforcement agency 14 of the state or of a subdivision thereof, under a duty 15 provisions 16 code, rule or regulation relating to 17 upon 18 [his] ____________ the lessee's agent, a written notice requiring the owner or 19 lord 20 occupying the same. If the owner or landlord or [his] ____________ the lessee's agent 21 does not make such application within five days thereafter; 22 made 23 corporation or enforcement agency giving the notice may bring a proceed- 24 ing under this article for such removal as though 25 the 26 any similar proceeding thereafter brought by such owner or 27 to one theretofore brought by [him] ______________________ such owner or landlord and not pros- 28 ecuted from suppression of vice, subject to or which submits to of such the department penal and possesses a of such fact and of conformity with to enforce the law or of any state or local law, ordinance, buildings, may serve personally the owner or landlord of the premises so used or occupied, or upon to make it, owner does or land- an application for the removal of the person so using or not or, having in good faith diligently prosecute it, the person, the petitioner were landlord of the premises, and shall have precedence over diligently and in landlord or good faith. [Proof of the ill repute of the 05/30/19 22 13065-01-9 1 demised premises or of the inmates thereof or of those resorting thereto 2 shall constitute presumptive evidence of the unlawful use of the demised 3 premises required to be stated in the petition for 4 person 5 made respondents in the proceeding. 6 ________________________________________________________________________ titution activity" shall only mean conduct in violation of article two 7 ________________________________________________________________________ hundred thirty of the penal law on or after the effective date of a 8 ________________________________________________________________________ chapter of the laws of two thousand nineteen that amended this subdivi- 9 _____ sion. 10 removal.] Both the in possession of the property and the owner or landlord shall be ___________________________________ As used in this subdivision, "pros- 2. For purposes of this section, two or more convictions of any person 11 or 12 described in section [230.00,] 230.05, 230.06, 230.11, 13 [230.20, 14 of conduct engaged in at the same real property consisting of a dwelling 15 as that term is defined in subdivision 16 multiple 17 tuting use of the premises for purposes of prostitution. 18 ________________________________________________________________________ subdivision shall only apply to an offense under article two hundred 19 ________________________________________________________________________ thirty of the penal law in effect on or after the effective date of a 20 _______________________________________________________________________ chapter of laws of two thousand nineteen that amended this subdivision. 21 22 23 persons had, within a period of one year, for any of the offenses 230.12, 230.13, 230.25,] 230.30, 230.32 or 230.40 of the penal law arising out dwelling four of section four of the law shall be presumptive evidence of conduct consti______________ However, this § 6. Subdivision 3 of section 231 of the real property law, as amended by chapter 368 of the laws of 2015, is amended to read as follows: 3. For the purposes of this section, two or more convictions of any 24 person or persons had, within a period of one year, for any of 25 offenses 26 230.13, [230.20, 230.25,] 230.30, 230.32 or 27 arising 28 dwelling as that term is defined in subdivision four of section four the described in section [230.00,] 230.05, 230.06, 230.11, 230.12, out 230.40 of the penal law of conduct engaged in at the same premises consisting of a of 05/30/19 23 13065-01-9 1 the multiple dwelling law shall be presumptive evidence of unlawful use 2 of such premises and of the owners knowledge of the same. 3 ________________________________________________________________________ subdivision shall only apply to an offense under article two hundred 4 ________________________________________________________________________ thirty of the penal law in effect on or after the effective date of a 5 ________________________________________________________________________ chapter of the laws of two thousand nineteen that amended this subdivi- 6 _____ sion. 7 § _____________ However, this 7. Paragraph 3 of subdivision b of section 233 of the real property 8 law, as added by chapter 566 of the laws of 1996, is amended to read 9 follows: 10 3. The premises, or any part as thereof, are used or occupied [as a 11 bawdy-house, or house or place of assignation for lewd purposes or] 12 purposes 13 _______________________ thirty of the penal law, or for any illegal trade or business. 14 ________________________________________________________________________ in this paragraph, "prostitution activity" shall only mean conduct in 15 ________________________________________________________________________ violation of article two hundred thirty of the penal law on or after the 16 ________________________________________________________________________ effective date of a chapter of the laws of two thousand nineteen that 17 _______________________ amended this paragraph. 18 § of prostitution for ____________________________________________ activity in violation of article two hundred ________ As used 8. Paragraphs (b) and (c) of subdivision 4 of section 509-cc of the 19 vehicle and traffic law, paragraph (b) as amended by chapter 400 of 20 laws 21 2015, are amended to read as follows: 22 of 2011, paragraph the (c) as amended by chapter 368 of the laws of (b) The offenses referred to in subparagraph (ii) of paragraph (a) one 23 subdivision 24 that result in permanent disqualification 25 under 26 125.11, 130.40, 27 220.21, 220.39, 220.41, 220.43, 220.44, [230.25,] 260.00, 265.04 of the 28 penal law or an attempt to commit any of the sections and paragraph of (b) of subdivision two of this section shall include a conviction 100.13, 105.15, 105.17, 115.08, 120.12, 120.70, 125.10, 130.53, 130.60, 130.65-a, 135.20, aforesaid 160.15, offenses 220.18, under 05/30/19 the penal law, or any offenses committed under a section 2 former section of the penal law which would constitute violations of the 3 aforesaid sections of the penal law, or any offenses 4 this 5 of the penal law. state of 13065-01-9 1 6 110.00 24 committed outside which would constitute violations of the aforesaid sections (c) The offenses referred to in subparagraph (i) of paragraph (b) of 7 subdivision one and subparagraph (i) of paragraph (c) of subdivision two 8 of 9 years shall include a conviction under sections 100.10, 105.13, 115.05, 10 120.03, 11 [125.40, 12 140.17, 13 220.09, 220.16, 220.31, 220.34, 220.60, 220.65, 221.30, 221.50, 14 [230.00,] 15 235.05, 235.06, 235.07, 235.21, 240.06, 245.00, 260.10, subdivision 16 of 17 265.10, 265.12, 265.35 of the penal law or an attempt to commit 18 the 19 similar offenses committed under a former section of the penal 20 any 21 would constitute violations of the aforesaid sections of the penal 22 or 23 violations of the aforesaid sections of the penal law. 24 this section 120.04, 230.05, 120.10, 120.25, 121.12, 121.13, 130.25, 130.52, 130.55, 135.10, 135.55, 230.06, 230.11, 230.12, offenses offenses committed offenses 230.13, 230.19, [230.20,] under as follows: two under committed any of section 110.00 of the penal law, or any law, or a former section of the penal law which outside law, this state which would constitute § 9. Subdivisions 1 and 2 of section 510-d of the vehicle and 26 221.55, 260.20 and sections 260.25, 265.02, 265.03, 265.08, 265.09, aforesaid law, 28 130.20, 120.05, 140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06, 25 27 result in disqualification for a period of five 120.04-a, 125.45,] section any that traffic as amended by chapter 189 of the laws of 2018, are amended to read 1. A class E driver's license shall be suspended by the commissioner for a period of one year where the holder is convicted of a violation of 05/30/19 25 13065-01-9 1 section 2 the penal law and the holder used a for hire 3 such crime. 4 2. [230.20, 230.25,] 230.30, 230.32, 230.34, 230.34-a or 230.40 of motor vehicle to commit A class E driver's license may be revoked by the commissioner when 5 the holder, who had his or her driver's license suspended under subdivi- 6 sion one of this section within the last ten years, is 7 second 8 230.34-a or 230.40 of the penal law and the holder used a for hire motor 9 vehicle to commit such crime. 10 11 12 violation of convicted of a section [230.20, 230.25,] 230.30, 230.32, 230.34, § 10. Subdivision (a) of section 7-703 of the administrative code of the city of New York is amended to read as follows: (a) Any building, erection or place, including one- or two-family 13 dwellings, used for the purpose of prostitution [as defined in section 14 230.00] ___________________________________________________ activity in violation of article two hundred thirty of the penal 15 law. Two or more criminal convictions of persons for [acts of] prostitu- 16 tion 17 ___ law in the building, erection or place, 18 dwellings, 19 action under this chapter, shall be presumptive evidence that the build- 20 ing, erection or place, including one- or 21 public 22 common fame and general reputation of the building, erection 23 including 24 thereof, or of those resorting thereto, shall be competent 25 prove 26 reputation of the building, erection or place, including one- or two-fa- 27 mily dwellings, or of the inmates or occupants thereof, is sufficient to 28 establish the existence of the public nuisance, it shall be prima __________________________________________________________________ activity in violation of article two hundred thirty of the penal within the one- or two-family the one-year period preceding the commencement of an nuisance. one- including two-family dwellings, is a In any action under this subdivision, evidence of the or two-family dwellings, or place, of the inmates or occupants evidence to existence of the public nuisance. If evidence of the general facie 05/30/19 26 13065-01-9 1 evidence of knowledge thereof and acquiescence and participation therein 2 and responsibility for the nuisance, on the part of the owners, lessors, 3 lessees 4 otherwise, 5 personal, used in conducting or maintaining the public nuisance. _________ As used 6 ________________________________________________________________________ in this subdivision, "prostitution activity" shall only mean conduct in 7 ________________________________________________________________________ violation of article two hundred thirty of the penal law on or after the 8 ________________________________________________________________________ effective date of a chapter of the laws of two thousand nineteen that 9 ________________________ amended this subdivision; 10 11 and all those in possession of or having charge of, as agent or or having any interest in any form in the property, real or § 11. Subdivision f of section 20-247 of the administrative code of the city of New York is amended to read as follows: 12 f. It shall be unlawful for any licensee to guide or direct any person 13 to 14 house or place of amusement kept for immoral purposes, or to] any 15 resorted 16 ___________________________________________ article two hundred thirty of the penal law or 17 unlawful 18 location or address of any such houses or 19 patronage 20 boarding house or place of temporary or 21 place 22 ________________________________________________________________________ As used in this subdivision, "prostitution activity" shall only mean 23 ________________________________________________________________________ conduct in violation of article two hundred thirty of the penal law on 24 ________________________________________________________________________ or after the effective date of a chapter of the laws of two thousand 25 _______________________________________ nineteen that amended this subdivision. 26 27 [a § place of ill repute, house of ill fame or assignation, or to any to for of where 12. for any any the place purpose of prostitution ________________________ activity in violation of such person licensee or to persons gambling. It shall be impart any information as to the places, or to solicit the for any hotel, lodging house or permanent abode, or for any refreshments are served or amusement of any type provided. This act shall take effect on the thirtieth day after it shall have become a law. 05/30/19 27 13065-01-9 1 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 2 sion, section or part of this act shall be adjudged by a court of compo- 3 nent jurisdiction to be invalid, such judgment shall not affect, 4 or invalidate the remainder thereof, but shall be confined in its opera- 5 tion 6 thereof directly involved in the 7 shall 8 legislature that this act would have been enacted even if 9 provisions had not been included herein. 10 to the impair clause, sentence, paragraph, subdivision, section or part controversy in which such judgment have been rendered. It is hereby declared to be the intent of the § 3. This act shall take effect immediately. such invalid