S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        2172--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   January 14, 2013
                                      ___________
       Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
         printed to be  committed  to  the  Committee  on  Codes  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       AN  ACT  to  amend the penal law, in relation to promoting prostitution,
         patronizing a prostitute and permitting prostitution; and to amend the
         correction law, in relation to designating permitting prostitution  in
         the first degree as a sex offense for the purposes of the sex offender
         registration act
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraphs (a), (b),  (c)  and  (d)  of  subdivision  1  of
    2  section  70.02 of the penal law, paragraph (a) as amended by chapter 320
    3  of the laws of 2006, paragraph (b) as amended by chapter 148 of the laws
    4  of 2011, paragraph (c) as amended by chapter 405 of the laws of 2010 and
    5  paragraph (d) as amended by chapter 7 of the laws of 2007,  are  amended
    6  to read as follows:
    7    (a)  Class  B  violent felony offenses: an attempt to commit the class
    8  A-I felonies of murder in  the  second  degree  as  defined  in  section
    9  125.25, kidnapping in the first degree as defined in section 135.25, and
   10  arson  in the first degree as defined in section 150.20; manslaughter in
   11  the first degree as defined in section 125.20,  aggravated  manslaughter
   12  in  the  first  degree  as  defined in section 125.22, rape in the first
   13  degree as defined in section 130.35, criminal sexual act  in  the  first
   14  degree  as  defined  in  section  130.50, aggravated sexual abuse in the
   15  first degree as defined in section  130.70,  course  of  sexual  conduct
   16  against  a  child  in  the first degree as defined in section 130.75[;],
   17  PROMOTING PROSTITUTION IN THE FIRST DEGREE AS DEFINED IN SECTION 230.32,
   18  assault in the first degree as defined in section 120.10, kidnapping  in
   19  the  second  degree  as defined in section 135.20, burglary in the first
   20  degree as defined in section 140.30,  arson  in  the  second  degree  as
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04003-02-3
       S. 2172--A                          2
    1  defined  in  section  150.15,  robbery in the first degree as defined in
    2  section 160.15, incest in the first degree as defined in section 255.27,
    3  criminal possession of a weapon  in  the  first  degree  as  defined  in
    4  section 265.04, criminal use of a firearm in the first degree as defined
    5  in  section  265.09,  criminal  sale of a firearm in the first degree as
    6  defined in section 265.13, aggravated assault upon a police officer or a
    7  peace officer as defined in section 120.11, gang assault  in  the  first
    8  degree as defined in section 120.07, intimidating a victim or witness in
    9  the  first degree as defined in section 215.17, hindering prosecution of
   10  terrorism in the first degree as defined  in  section  490.35,  criminal
   11  possession  of  a  chemical  weapon  or  biological weapon in the second
   12  degree as defined in section 490.40, and  criminal  use  of  a  chemical
   13  weapon  or  biological  weapon in the third degree as defined in section
   14  490.47.
   15    (b) Class C violent felony offenses: an attempt to commit any  of  the
   16  class  B felonies set forth in paragraph (a) of this subdivision; aggra-
   17  vated criminally negligent homicide as defined in section 125.11, aggra-
   18  vated manslaughter in the second degree as defined  in  section  125.21,
   19  aggravated  sexual  abuse  in  the  second  degree as defined in section
   20  130.67, PATRONIZING A PROSTITUTE IN  THE  FIRST  DEGREE  AS  DEFINED  IN
   21  SECTION  230.06,  PROMOTING PROSTITUTION IN THE SECOND DEGREE AS DEFINED
   22  IN SUBDIVISION TWO OF SECTION 230.30, assault on a peace officer, police
   23  officer, fireman or emergency medical services professional  as  defined
   24  in section 120.08, assault on a judge as defined in section 120.09, gang
   25  assault in the second degree as defined in section 120.06, strangulation
   26  in the first degree as defined in section 121.13, burglary in the second
   27  degree  as  defined  in  section 140.25, robbery in the second degree as
   28  defined in section 160.10, criminal possession of a weapon in the second
   29  degree as defined in section 265.03, criminal use of a  firearm  in  the
   30  second  degree  as defined in section 265.08, criminal sale of a firearm
   31  in the second degree as defined in section 265.12, criminal  sale  of  a
   32  firearm with the aid of a minor as defined in section 265.14, soliciting
   33  or  providing  support  for  an  act of terrorism in the first degree as
   34  defined in section 490.15, hindering prosecution  of  terrorism  in  the
   35  second degree as defined in section 490.30, and criminal possession of a
   36  chemical  weapon  or biological weapon in the third degree as defined in
   37  section 490.37.
   38    (c) Class D violent felony offenses: an attempt to commit any  of  the
   39  class C felonies set forth in paragraph (b); reckless assault of a child
   40  as defined in section 120.02, assault in the second degree as defined in
   41  section 120.05, menacing a police officer or peace officer as defined in
   42  section  120.18, stalking in the first degree, as defined in subdivision
   43  one of section 120.60, strangulation in the second degree as defined  in
   44  section  121.12, rape in the second degree as defined in section 130.30,
   45  criminal sexual act in the second degree as defined in  section  130.45,
   46  sexual abuse in the first degree as defined in section 130.65, course of
   47  sexual  conduct  against  a  child  in  the  second degree as defined in
   48  section 130.80, aggravated sexual abuse in the third degree  as  defined
   49  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
   50  substance as defined in section 130.90, PATRONIZING A PROSTITUTE IN  THE
   51  SECOND  DEGREE  AS  DEFINED IN SECTION 230.05, PROMOTING PROSTITUTION IN
   52  THE THIRD DEGREE AS DEFINED IN SUBDIVISION TWO OF SECTION 230.25, crimi-
   53  nal possession of a weapon in the third degree as defined in subdivision
   54  five, six, seven or eight of section 265.02, criminal sale of a  firearm
   55  in  the third degree as defined in section 265.11, intimidating a victim
   56  or witness in the second degree as defined in section 215.16, soliciting
       S. 2172--A                          3
    1  or providing support for an act of terrorism in  the  second  degree  as
    2  defined in section 490.10, and making a terroristic threat as defined in
    3  section  490.20,  falsely  reporting  an incident in the first degree as
    4  defined  in  section 240.60, placing a false bomb or hazardous substance
    5  in the first degree as defined in section 240.62, placing a  false  bomb
    6  or hazardous substance in a sports stadium or arena, mass transportation
    7  facility  or  enclosed  shopping  mall as defined in section 240.63, and
    8  aggravated unpermitted use of indoor pyrotechnics in the first degree as
    9  defined in section 405.18.
   10    (d) Class E violent felony offenses: an attempt to commit any  of  the
   11  felonies  of  criminal  possession  of  a  weapon in the third degree as
   12  defined in subdivision five, six, seven or eight of section 265.02 as  a
   13  lesser  included offense of that section as defined in section 220.20 of
   14  the criminal procedure  law,  persistent  sexual  abuse  as  defined  in
   15  section  130.53, aggravated sexual abuse in the fourth degree as defined
   16  in section 130.65-a, PATRONIZING A PROSTITUTE IN  THE  THIRD  DEGREE  AS
   17  DEFINED  IN  SECTION 230.04, falsely reporting an incident in the second
   18  degree as defined in section 240.55 and placing a false bomb or  hazard-
   19  ous substance in the second degree as defined in section 240.61.
   20    S  2.  Paragraphs (b) and (c) of subdivision 1 of section 70.02 of the
   21  penal law, as amended by chapter 1 of the laws of 2013, are  amended  to
   22  read as follows:
   23    (b)  Class  C violent felony offenses: an attempt to commit any of the
   24  class B felonies set forth in paragraph (a) of this subdivision;  aggra-
   25  vated criminally negligent homicide as defined in section 125.11, aggra-
   26  vated  manslaughter  in  the second degree as defined in section 125.21,
   27  aggravated sexual abuse in the  second  degree  as  defined  in  section
   28  130.67,  PATRONIZING  A  PROSTITUTE  IN  THE  FIRST DEGREE AS DEFINED IN
   29  SECTION 230.06, PROMOTING PROSTITUTION IN THE SECOND DEGREE  AS  DEFINED
   30  IN SUBDIVISION TWO OF SECTION 230.30, assault on a peace officer, police
   31  officer,  fireman  or emergency medical services professional as defined
   32  in section 120.08, assault on a judge as defined in section 120.09, gang
   33  assault in the second degree as defined in section 120.06, strangulation
   34  in the first degree as defined in section 121.13, burglary in the second
   35  degree as defined in section 140.25, robbery in  the  second  degree  as
   36  defined in section 160.10, criminal possession of a weapon in the second
   37  degree  as  defined  in section 265.03, criminal use of a firearm in the
   38  second degree as defined in section 265.08, criminal sale of  a  firearm
   39  in  the  second  degree as defined in section 265.12, criminal sale of a
   40  firearm with the aid of a minor as defined in section 265.14, aggravated
   41  criminal possession of a weapon as defined in section 265.19, soliciting
   42  or providing support for an act of terrorism  in  the  first  degree  as
   43  defined  in  section  490.15,  hindering prosecution of terrorism in the
   44  second degree as defined in section 490.30, and criminal possession of a
   45  chemical weapon or biological weapon in the third degree as  defined  in
   46  section 490.37.
   47    (c)  Class  D violent felony offenses: an attempt to commit any of the
   48  class C felonies set forth in paragraph (b); reckless assault of a child
   49  as defined in section 120.02, assault in the second degree as defined in
   50  section 120.05, menacing a police officer or peace officer as defined in
   51  section 120.18, stalking in the first degree, as defined in  subdivision
   52  one  of section 120.60, strangulation in the second degree as defined in
   53  section 121.12, rape in the second degree as defined in section  130.30,
   54  criminal  sexual  act in the second degree as defined in section 130.45,
   55  sexual abuse in the first degree as defined in section 130.65, course of
   56  sexual conduct against a child  in  the  second  degree  as  defined  in
       S. 2172--A                          4
    1  section  130.80,  aggravated sexual abuse in the third degree as defined
    2  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
    3  substance  as defined in section 130.90, PATRONIZING A PROSTITUTE IN THE
    4  SECOND  DEGREE  AS  DEFINED IN SECTION 230.05, PROMOTING PROSTITUTION IN
    5  THE THIRD DEGREE AS DEFINED IN SUBDIVISION TWO OF SECTION 230.25, crimi-
    6  nal possession of a weapon in the third degree as defined in subdivision
    7  five, six, seven, eight, nine or ten of section 265.02, criminal sale of
    8  a firearm in the third degree as defined in section 265.11, intimidating
    9  a victim or witness in the second degree as defined in  section  215.16,
   10  soliciting  or  providing  support for an act of terrorism in the second
   11  degree as defined in section 490.10, and making a terroristic threat  as
   12  defined  in  section  490.20, falsely reporting an incident in the first
   13  degree as defined in section 240.60, placing a false bomb  or  hazardous
   14  substance  in  the  first degree as defined in section 240.62, placing a
   15  false bomb or hazardous substance in a sports  stadium  or  arena,  mass
   16  transportation  facility or enclosed shopping mall as defined in section
   17  240.63, and aggravated unpermitted use of  indoor  pyrotechnics  in  the
   18  first degree as defined in section 405.18.
   19    S  3.  Subdivision  5 of section 60.05 of the penal law, as amended by
   20  chapter 405 of the laws of 2010, is amended to read as follows:
   21    5. Certain class D felonies. Except as provided in subdivision six  of
   22  this  section, every person convicted of the class D felonies of assault
   23  in the second degree as defined in section 120.05, strangulation in  the
   24  second degree as defined in section 121.12 [or attempt to commit a class
   25  C  felony  as  defined  in  section  230.30  of  this  chapter,] must be
   26  sentenced in accordance with section 70.00 or 85.00 of this title.
   27    S 4. The closing paragraph of section 230.04  of  the  penal  law,  as
   28  amended  by  chapter  74  of  the  laws  of  2007, is amended to read as
   29  follows:
   30    Patronizing a prostitute in the third degree is a class  [A  misdemea-
   31  nor] E FELONY.
   32    S  5.  The  closing  paragraph  of section 230.05 of the penal law, as
   33  added by chapter 627 of the laws of 1978, is amended to read as follows:
   34    Patronizing a prostitute in the second degree is a class [E] D felony.
   35    S 6. The closing paragraph of section 230.06  of  the  penal  law,  as
   36  added by chapter 627 of the laws of 1978, is amended to read as follows:
   37    Patronizing a prostitute in the first degree is a class [D] C felony.
   38    S 7. Section 230.40 of the penal law is amended to read as follows:
   39  S 230.40 Permitting prostitution IN THE SECOND DEGREE.
   40    A  person  is  guilty  of permitting prostitution IN THE SECOND DEGREE
   41  when, having possession or control of premises which he OR SHE knows are
   42  being used for prostitution purposes, he OR SHE fails to make reasonable
   43  effort to halt or abate such use.
   44    Permitting prostitution IN THE SECOND DEGREE is a class [B]  A  misde-
   45  meanor.
   46    S  8.  The penal law is amended by adding a new section 230.45 to read
   47  as follows:
   48  S 230.45 PERMITTING PROSTITUTION IN THE FIRST DEGREE.
   49    A PERSON IS GUILTY OF PERMITTING PROSTITUTION IN THE FIRST DEGREE WHEN
   50  HAVING POSSESSION OR CONTROL OF PREMISES WHICH HE OR SHE KNOWS ARE BEING
   51  USED FOR PROSTITUTION PURPOSES INCLUDING THE  PROSTITUTION  OF  A  CHILD
   52  LESS  THAN  SEVENTEEN  YEARS  OF AGE, HE OR SHE FAILS TO MAKE REASONABLE
   53  EFFORT TO HALT OR ABATE SUCH USE.
   54    PERMITTING PROSTITUTION IN THE FIRST DEGREE IS A CLASS E FELONY.
       S. 2172--A                          5
    1    S 9. Subparagraph (i) of paragraph (a) of  subdivision  2  of  section
    2  168-a  of  the  correction law, as amended by chapter 405 of the laws of
    3  2008, is amended to read as follows:
    4    (i)  a  conviction of or a conviction for an attempt to commit any [of
    5  the provisions] PROVISION of [sections] SECTION 120.70, 130.20,  130.25,
    6  130.30,  130.40, 130.45, 130.60, 230.34, 250.50, 255.25, 255.26 [and] OR
    7  255.27 or article two hundred sixty-three of the penal law,  or  section
    8  135.05,  135.10,  135.20  or  135.25  of such law relating to kidnapping
    9  offenses, provided the victim of such kidnapping or related  offense  is
   10  less  than seventeen years old and the offender is not the parent of the
   11  victim, or section 230.04, where the person patronized is in  fact  less
   12  than  seventeen  years  of  age, 230.05 or 230.06, or subdivision two of
   13  section 230.30 [or] section 230.32 [or], 230.33 OR 230.45 of  the  penal
   14  law, or
   15    S  10.  This  act  shall  take  effect  on  the first of November next
   16  succeeding the date on which it shall have become a law;  provided  that
   17  if  the amendments to paragraphs (b) and (c) of subdivision 1 of section
   18  70.02 of the penal law made by section 27 of chapter 1 of  the  laws  of
   19  2013  shall  not  have  taken effect by such date then the provisions of
   20  section two of this act shall take effect on the same date  and  in  the
   21  same manner as such section takes effect.