S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2172
                              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
       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
   21  defined in section 150.15, robbery in the first  degree  as  defined  in
   22  section 160.15, incest in the first degree as defined in section 255.27,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04003-01-3
       S. 2172                             2
    1  criminal  possession  of  a  weapon  in  the  first degree as defined in
    2  section 265.04, criminal use of a firearm in the first degree as defined
    3  in section 265.09, criminal sale of a firearm in  the  first  degree  as
    4  defined in section 265.13, aggravated assault upon a police officer or a
    5  peace  officer  as  defined in section 120.11, gang assault in the first
    6  degree as defined in section 120.07, intimidating a victim or witness in
    7  the first degree as defined in section 215.17, hindering prosecution  of
    8  terrorism  in  the  first  degree as defined in section 490.35, criminal
    9  possession of a chemical weapon  or  biological  weapon  in  the  second
   10  degree  as  defined  in  section  490.40, and criminal use of a chemical
   11  weapon or biological weapon in the third degree as  defined  in  section
   12  490.47.
   13    (b)  Class  C violent felony offenses: an attempt to commit any of the
   14  class B felonies set forth in paragraph (a) of this subdivision;  aggra-
   15  vated criminally negligent homicide as defined in section 125.11, aggra-
   16  vated  manslaughter  in  the second degree as defined in section 125.21,
   17  aggravated sexual abuse in the  second  degree  as  defined  in  section
   18  130.67,  PATRONIZING  A  PROSTITUTE  IN  THE  FIRST DEGREE AS DEFINED IN
   19  SECTION 230.06, PROMOTING PROSTITUTION IN THE SECOND DEGREE  AS  DEFINED
   20  IN SUBDIVISION TWO OF SECTION 230.30, assault on a peace officer, police
   21  officer,  fireman  or emergency medical services professional as defined
   22  in section 120.08, assault on a judge as defined in section 120.09, gang
   23  assault in the second degree as defined in section 120.06, strangulation
   24  in the first degree as defined in section 121.13, burglary in the second
   25  degree as defined in section 140.25, robbery in  the  second  degree  as
   26  defined in section 160.10, criminal possession of a weapon in the second
   27  degree  as  defined  in section 265.03, criminal use of a firearm in the
   28  second degree as defined in section 265.08, criminal sale of  a  firearm
   29  in  the  second  degree as defined in section 265.12, criminal sale of a
   30  firearm with the aid of a minor as defined in section 265.14, soliciting
   31  or providing support for an act of terrorism  in  the  first  degree  as
   32  defined  in  section  490.15,  hindering prosecution of terrorism in the
   33  second degree as defined in section 490.30, and criminal possession of a
   34  chemical weapon or biological weapon in the third degree as  defined  in
   35  section 490.37.
   36    (c)  Class  D violent felony offenses: an attempt to commit any of the
   37  class C felonies set forth in paragraph (b); reckless assault of a child
   38  as defined in section 120.02, assault in the second degree as defined in
   39  section 120.05, menacing a police officer or peace officer as defined in
   40  section 120.18, stalking in the first degree, as defined in  subdivision
   41  one  of section 120.60, strangulation in the second degree as defined in
   42  section 121.12, rape in the second degree as defined in section  130.30,
   43  criminal  sexual  act in the second degree as defined in section 130.45,
   44  sexual abuse in the first degree as defined in section 130.65, course of
   45  sexual conduct against a child  in  the  second  degree  as  defined  in
   46  section  130.80,  aggravated sexual abuse in the third degree as defined
   47  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
   48  substance  as defined in section 130.90, PATRONIZING A PROSTITUTE IN THE
   49  SECOND DEGREE AS DEFINED IN SECTION 230.05,  PROMOTING  PROSTITUTION  IN
   50  THE THIRD DEGREE AS DEFINED IN SUBDIVISION TWO OF SECTION 230.25, crimi-
   51  nal possession of a weapon in the third degree as defined in subdivision
   52  five,  six, seven or eight of section 265.02, criminal sale of a firearm
   53  in the third degree as defined in section 265.11, intimidating a  victim
   54  or witness in the second degree as defined in section 215.16, soliciting
   55  or  providing  support  for  an act of terrorism in the second degree as
   56  defined in section 490.10, and making a terroristic threat as defined in
       S. 2172                             3
    1  section 490.20, falsely reporting an incident in  the  first  degree  as
    2  defined  in  section 240.60, placing a false bomb or hazardous substance
    3  in the first degree as defined in section 240.62, placing a  false  bomb
    4  or hazardous substance in a sports stadium or arena, mass transportation
    5  facility  or  enclosed  shopping  mall as defined in section 240.63, and
    6  aggravated unpermitted use of indoor pyrotechnics in the first degree as
    7  defined in section 405.18.
    8    (d) Class E violent felony offenses: an attempt to commit any  of  the
    9  felonies  of  criminal  possession  of  a  weapon in the third degree as
   10  defined in subdivision five, six, seven or eight of section 265.02 as  a
   11  lesser  included offense of that section as defined in section 220.20 of
   12  the criminal procedure  law,  persistent  sexual  abuse  as  defined  in
   13  section  130.53, aggravated sexual abuse in the fourth degree as defined
   14  in section 130.65-a, PATRONIZING A PROSTITUTE IN  THE  THIRD  DEGREE  AS
   15  DEFINED  IN  SECTION 230.04, falsely reporting an incident in the second
   16  degree as defined in section 240.55 and placing a false bomb or  hazard-
   17  ous substance in the second degree as defined in section 240.61.
   18    S  2.  Subdivision  5 of section 60.05 of the penal law, as amended by
   19  chapter 405 of the laws of 2010, is amended to read as follows:
   20    5. Certain class D felonies. Except as provided in subdivision six  of
   21  this  section, every person convicted of the class D felonies of assault
   22  in the second degree as defined in section 120.05, strangulation in  the
   23  second degree as defined in section 121.12 [or attempt to commit a class
   24  C  felony  as  defined  in  section  230.30  of  this  chapter,] must be
   25  sentenced in accordance with section 70.00 or 85.00 of this title.
   26    S 3. The closing paragraph of section 230.04  of  the  penal  law,  as
   27  amended  by  chapter  74  of  the  laws  of  2007, is amended to read as
   28  follows:
   29    Patronizing a prostitute in the third degree is a class  [A  misdemea-
   30  nor] E FELONY.
   31    S  4.  The  closing  paragraph  of section 230.05 of the penal law, as
   32  added by chapter 627 of the laws of 1978, is amended to read as follows:
   33    Patronizing a prostitute in the second degree is a class [E] D felony.
   34    S 5. The closing paragraph of section 230.06  of  the  penal  law,  as
   35  added by chapter 627 of the laws of 1978, is amended to read as follows:
   36    Patronizing a prostitute in the first degree is a class [D] C felony.
   37    S 6. Section 230.40 of the penal law is amended to read as follows:
   38  S 230.40 Permitting prostitution IN THE SECOND DEGREE.
   39    A  person  is  guilty  of permitting prostitution IN THE SECOND DEGREE
   40  when, having possession or control of premises which he OR SHE knows are
   41  being used for prostitution purposes, he OR SHE fails to make reasonable
   42  effort to halt or abate such use.
   43    Permitting prostitution IN THE SECOND DEGREE is a class [B]  A  misde-
   44  meanor.
   45    S  7.  The penal law is amended by adding a new section 230.45 to read
   46  as follows:
   47  S 230.45 PERMITTING PROSTITUTION IN THE FIRST DEGREE.
   48    A PERSON IS GUILTY OF PERMITTING PROSTITUTION IN THE FIRST DEGREE WHEN
   49  HAVING POSSESSION OR CONTROL OF PREMISES WHICH HE OR SHE KNOWS ARE BEING
   50  USED FOR PROSTITUTION PURPOSES INCLUDING THE  PROSTITUTION  OF  A  CHILD
   51  LESS  THAN  SEVENTEEN  YEARS  OF AGE, HE OR SHE FAILS TO MAKE REASONABLE
   52  EFFORT TO HALT OR ABATE SUCH USE.
   53    PERMITTING PROSTITUTION IN THE FIRST DEGREE IS A CLASS E FELONY.
   54    S 8. Subparagraph (i) of paragraph (a) of  subdivision  2  of  section
   55  168-a  of  the  correction law, as amended by chapter 405 of the laws of
   56  2008, is amended to read as follows:
       S. 2172                             4
    1    (i) a conviction of or a conviction for an attempt to commit  any  [of
    2  the  provisions] PROVISION of [sections] SECTION 120.70, 130.20, 130.25,
    3  130.30, 130.40, 130.45, 130.60, 230.34, 250.50, 255.25, 255.26 [and]  OR
    4  255.27  or  article two hundred sixty-three of the penal law, or section
    5  135.05,  135.10,  135.20  or  135.25  of such law relating to kidnapping
    6  offenses, provided the victim of such kidnapping or related  offense  is
    7  less  than seventeen years old and the offender is not the parent of the
    8  victim, or section 230.04, where the person patronized is in  fact  less
    9  than  seventeen  years  of  age, 230.05 or 230.06, or subdivision two of
   10  section 230.30 [or] section 230.32 [or], 230.33 OR 230.45 of  the  penal
   11  law, or
   12    S 9. This act shall take effect on the first of November next succeed-
   13  ing the date on which it shall have become a law.