S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8509
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    October 9, 2015
                                      ___________
       Introduced  by  M.  of A. ORTIZ, COLTON -- read once and referred to the
         Committee on Codes
       AN ACT to amend the penal law, in relation to prohibiting the display of
         pornographic magazines or materials by street vendors in cities of one
         million or more
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. The penal law is amended by adding a new section 410.05 to
    2  read as follows:
    3  S 410.05 PUBLIC DISPLAY OF PORNOGRAPHIC MAGAZINES OR MATERIALS BY STREET
    4             VENDORS.
    5     1. IT SHALL BE UNLAWFUL FOR STREET VENDORS IN CITIES OF  ONE  MILLION
    6  OR MORE TO DISPLAY PORNOGRAPHIC MAGAZINES OR MATERIALS.
    7     2. FOR PURPOSES OF THIS SECTION ONLY, PORNOGRAPHIC MAGAZINES OR MATE-
    8  RIALS,  ARE  DEFINED  AS  MAGAZINES  OR MATERIALS SHOWING ACTS OF SEXUAL
    9  INTERCOURSE OR ACTS OF SEXUAL PERVERSION.  THIS  SECTION  SHALL  NOT  BE
   10  CONSTRUED AS APPLYING TO BONA FIDE MEDICAL PHOTOGRAPHS OR MATERIALS.
   11     3.  A  VIOLATION OF THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION
   12  SHALL BE PUNISHABLE BY A FINE OF ONE HUNDRED DOLLARS, A SECOND VIOLATION
   13  BY A FINE OF TWO HUNDRED FIFTY DOLLARS, AND FOR A  THIRD  OR  SUBSEQUENT
   14  VIOLATION BY SUSPENSION OF SUCH VENDOR'S LICENSE.
   15    S 2. This act shall take effect on the first of November next succeed-
   16  ing the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04335-01-5