NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8605A
SPONSOR: Forrest TITLE OF BILL:
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 and the civil practice law
and rules, 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 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)
PURPOSE OR GENERAL IDEA OF BILL:
To repeal statutes that criminalize sex work between consenting
adults,but keep laws relating to minors or trafficking, and to provide
for criminal record relief for people convicted of crimes repealed under
this bill.
SUMMARY OF SPECIFIC PROVISIONS:
Part A repeals and amends parts of Penal Law Article 230 that make sex
work between consenting adults illegal.All existing statutory provisions
that prohibit sex work involving minors, force, intimidation, coercion,
and trafficking remain in effect. This bill does not repeal any of these
provisions.
Part B repeals and amends parts of the Criminal Procedure Law and Civil
Practice Law and Rules to provide for criminal record relief for indi-
viduals previously convicted of crimes that are repealed under this
bill.
Part C repeals and amends parts of the Multiple Dwelling Law, Public
Health Law, Real Property Actions and Proceedings Law, Real Property
Law, Vehicle and Traffic Law, and the Administrative Code of the City of
New York to make conforming changes and clarifications.
JUSTIFICATION:
New York state law contains over a dozen criminal and civil provisions
that punish adults who consent to sell or buy sex, as well as those who
help and depend on them, not to mention the numerous prohibitions and
punishments for prostitution in a wide variety of laws. Trying to stop
sex work between.consenting adults should not be the business of our
criminal justice system. Criminalizing sex work criminalizes a means of
survival for marginalized people, and it makes LGBTQ people especially
vulnerable to police harassment and arrest based on their gender
expression and sexuality.
Research on the impact of full decriminalization of sex work in New
Zealand and New South Wales, Australia has found:
-90 percent of sex workers believe decriminalization gave them more
employment, legal, and health rights.
-60 percent of sex workers stated they were better able to screen and
refuse potentially dangerous clients.
-73 percent of sex workers entered the industry to pay for household
expenses, while another 82 percent stayed in the industry for the same
reason.
-Sex workers also have greater access to and use of condoms.
Criminalization drives sex work into the shadows in an underground ille-
gal environment where sex workers face increased violence, abuse, and
exploitation, and are more vulnerable to trafficking. Though anti-sex
work laws may have originally been conceived as a protection of socie-
ty's morals and perhaps even women, these laws now criminalize women and
LGBTQ people for acts of survival and resistance to the force of econom-
ic insecurity. Decriminalizing sex work upholds the rights of those who
trade sex, reduces violence and trafficking, and increases labor
protections.
France's 2016 implementation of "End Demand" (also referred to as the
Nordic model) re-defined the criminalization of sex work so as to end
the arrests and prosecutions of sex workers, but also maintained all
penalties for patronizing or "promoting" sex work. As a result, research
shows that:
-63 percent of sex workers reported worse living condition
-42 percent reported increased workplace violence
-38 percent reported increased difficulty negotiating condom use with
clients
This model is not as effective as decriminalization and does not provide
safer conditions for those involved.
Decriminalization of sex work is supported by the World Health Organiza-
tion, Amnesty International, Human Rights Watch, the Global Alliance
Against Trafficking in Women, Lambda Legal, the ACLU, GMHC, the NYC
Anti-Violence Project, Make the Road NY, NYCLU, the Association of Legal
Aid Attorneys, the Urban justice Center, Womankind, VOCAL-NY, Center for
Constitutional Rights, Center for HIV Law and Policy, UNAIDS, Housing
Works, Scientists for Sex Worker Rights, Sylvia Rivera Law Project, and
a growing list of other organizations.
This bill does not alter the criminal and civil legal provisions under
which individuals who engage in trafficking, coercion; sexual abuse,
abuse of minors, or rape may be prosecuted. In fact, when the law
differentiates between sex work between consenting adults and situations
where a party does not consent or that involve minors, sex workers will
have an increased ability to report abuse, rape, theft, and other crimes
perpetrated against them that today go ignored and are exacerbated by
law enforcement activity.
The bill allows individuals who have been previously convicted of
offenses that are repealed in this bill to vacate those judgments of
conviction.
This will enable them to access housing, health, and economic resources
that are currently off-limits to them because of their criminal records.
Record relief will also allow people to transition into other employment
if they choose, without the stigma and harassment that often follows
from having a criminal record with prostitution convictions.
The decriminalization of sex work in New Zealand shows us that criminal-
izing. sex work between consenting adults does not end the demand for
sex work, and it certainly does not improve the lives of people who
participate in the sex trades by choice; circumstance, or coercion, or
people who are profiled as sex workers. Instead of treating all people
in the sex trades as criminals, victims, or both, it is time to create a
more nuanced legal approach to the sex trades. Sex workers want decri-
minalization so they can work in a legal environment, work without fear
of the police, report any violence they experience, and report traffick-
ing when it affects their peers. It is time to put people before anti-
quated moral judgments.
SOCIAL JUSTICE IMPACT:
This legislation would further advance the human rights of sex workers
who are doing what they can to make an income to support themselves and
their families. This legislation would humanize sex workers who deserve
to work in a safe, secure, and clean environment without fear of judg-
ment or arrest. The existing laws create crimes that primarily victimize
women and LGBTQ+ individuals, particularly women and LGBTQ+ individuals
of color, those that are in poverty, and immigrants. The advocacy group,
Survivors Against SESTA, says:
"For an issue which encompasses issues of economic justice, labor,
criminalization and policing, sexuality, racial justice, immigration,
gender identity, and complex other frameworks, sex worker rights can be
a lynchpin issue impacting the most marginalized in our communi-
ties.Caring about LGBTQ survival means caring about the lives, health
and safety of sex workers"
PRIOR LEGISLATIVE HISTORY:
SENATE:
2021-22 - S 3075 (Salazar) Referred to Codes in 2021 and 2022.
2019-20 - S 6419 (Salazar) Referred to Rules in 2019, referred to Codes
in 2020.
ASSEMBLY:
2021-22 - A849 (Gottfried) - Referred to Codes.
2019-20 - A8230 (Gottfried)- Referred to Codes.
FISCAL IMPLICATIONS:
No negative fiscal implications. This bill, by eliminating arrests,
prosecutions, and incarceration of sex workers or alleged sex workers
would result in significant fiscal savings for local and state govern-
ment.
EFFECTIVE DATE:
This act shall take effect thirty days after it becomes law, though each
Part contains an effective date applicable to that Part - Part A imme-
diately, Part B and C 30 days after enactment.
STATE OF NEW YORK
________________________________________________________________________
8605--A
IN ASSEMBLY
January 12, 2024
___________
Introduced by M. of A. FORREST, BURDICK -- read once and referred 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 decriminalizing sex work;
and to repeal certain provisions of such law relating to prostitution
(Part A); to amend the criminal procedure law and the civil practice
law and rules, 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
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 Assem-bly, do enact as follows:
1 Section 1. This 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 Part identified as
4 Parts A through C. The effective date for each particular provision
5 contained within such Part is set forth in the last section of such
6 Part. Any provision in any section contained within a Part, including
7 the effective date of the Part, which makes reference to a section "of
8 this act", when used in connection with that particular component, shall
9 be deemed to mean and refer to the corresponding section of the Part in
10 which it is found. Section three of this act sets forth the general
11 effective date of this act.
12 PART A
13 DECRIMINALIZATION
14 Section 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00381-04-4
A. 8605--A 2
1 [A person is guilty of prostitution when such person engages or agrees
2 or offers to engage in sexual conduct with another person in return for
3 a fee.
4 Prostitution is a class B Misdemeanor]
5 As used in this chapter, the following terms have the following mean-
6 ings:
7 1. "Prostitution" means engaging or agreeing to engage in sexual
8 conduct with another person in return for a fee.
9 2. A person "patronizes a person for prostitution" when: (a) pursuant
10 to a prior understanding, the actor pays a fee to another person as
11 compensation for such other person or a third person having engaged in
12 sexual conduct with the actor; or
13 (b) the person pays or agrees to pay a fee to another person pursuant
14 to an understanding that in return therefor such other person or a third
15 person will engage in sexual conduct with the actor; or
16 (c) the person solicits or requests another person to engage in sexual
17 conduct with the actor in return for a fee.
18 3. "Person who is patronized" means the person with whom the actor
19 engaged in sexual conduct or was to have engaged in sexual conduct
20 pursuant to the understanding, or the person who was solicited or
21 requested by the actor to engage in sexual conduct.
22 4. "School zone" means (a) in or on or within any building, structure,
23 athletic playing field, playground or land contained within the real
24 property boundary line of a public or private elementary, parochial,
25 intermediate, junior high, vocational, or high school, or (b) any public
26 sidewalk, street, parking lot, park, playground or private land, located
27 immediately adjacent to the boundary line of such school.
28 5. (a) "Advance prostitution" a person "advances prostitution" when,
29 acting other than as a person in prostitution or as a patron thereof,
30 and with intent to cause prostitution, the actor directly engages in
31 conduct that facilitates an act or enterprise of prostitution.
32 (b) Conduct by a person under twenty-one years of age shall not
33 constitute advancing prostitution unless the person participated in
34 compulsion by force or intimidation or in sex trafficking, or the person
35 whose prostitution was advanced is under seventeen years of age.
36 6. "Profit from prostitution" a person "profits from prostitution"
37 when, acting other than as a person in prostitution receiving compen-
38 sation for personally rendered prostitution services, the actor accepts
39 or receives money or other property pursuant to an agreement or under-
40 standing with any person whereby the actor participates or is to partic-
41 ipate in the proceeds of prostitution activity.
42 § 2. Section 230.01 of the penal law, as amended by chapter 23 of the
43 laws of 2021, is amended to read as follows:
44 § 230.01 Prostitution; affirmative defense.
45 In any prosecution under [section 230.00, section 230.03,] section
46 230.19, [section 230.20, subdivision 2 of section 230.25,] subdivision 2
47 of section 230.30 or section 230.34-a of this article, it is an affirma-
48 tive defense that the defendant's participation in the offense was a
49 result of having been a victim of compelling prostitution under section
50 230.33 of this article, a victim of sex trafficking under section 230.34
51 of this article, a victim of sex trafficking of a child under section
52 230.34-a of this article or a victim of trafficking in persons under the
53 trafficking victims protection act (United States Code, Title 22, Chap-
54 ter 78).
55 § 3. Section 230.02 of the penal law is REPEALED.
56 § 4. Section 230.03 of the penal law is REPEALED.
A. 8605--A 3
1 § 5. Sections 230.04, 230.05, 230.06, 230.07 and 230.08 of the penal
2 law, sections 230.04, 230.05, 230.06 and 230.07 as amended and section
3 230.08 as added by chapter 368 of the laws of 2015, are amended to read
4 as follows:
5 § 230.04 Patronizing a person for prostitution in the third degree.
6 A person is guilty of patronizing a person for prostitution in the
7 third degree when [he or she] the actor patronizes a person for prosti-
8 tution and the person patronized is less than eighteen years old.
9 Patronizing a person for prostitution in the third degree is a class A
10 misdemeanor.
11 § 230.05 Patronizing a person for prostitution in the second degree.
12 A person is guilty of patronizing a person for prostitution in the
13 second degree when, being eighteen years old or more, [he or she] the
14 actor patronizes a person for prostitution and the person patronized is
15 less than fifteen years old.
16 Patronizing a person for prostitution in the second degree is a class
17 E felony.
18 § 230.06 Patronizing a person for prostitution in the first degree.
19 A person is guilty of patronizing a person for prostitution in the
20 first degree when:
21 1. [He or she] The actor patronizes a person for prostitution and the
22 person patronized is less than eleven years old; or
23 2. Being eighteen years old or more, [he or she] the actor patronizes
24 a person for prostitution and the person patronized is less than thir-
25 teen years old.
26 Patronizing a person for prostitution in the first degree is a class D
27 felony.
28 § 230.07 Patronizing a person for prostitution; defense.
29 In any prosecution for patronizing a person for prostitution in the
30 first [or], second or third degrees or patronizing a person for prosti-
31 tution in a school zone, it is a defense that the defendant did not have
32 reasonable grounds to believe that the person was less than the age
33 specified.
34 § 230.08 Patronizing a person for prostitution in a school zone.
35 [1.] A person is guilty of patronizing a person for prostitution in a
36 school zone when, being twenty-one years old or more, [he or she] the
37 actor patronizes a person for prostitution and the person patronized is
38 less than eighteen years old at a place that [he or she] the actor
39 knows, or reasonably should know, is in a school zone.
40 [2. For purposes of this section, "school zone" shall mean "school
41 zone" as defined in subdivision two of section 230.03 of this article.]
42 Patronizing a person for prostitution in a school zone is a class E
43 felony.
44 § 6. Section 230.10 of the penal law, the section heading and the
45 opening paragraph as amended by chapter 368 of the laws of 2015, is
46 amended to read as follows:
47 § 230.10 Prostitution and patronizing a person for prostitution; no
48 defense.
49 In any prosecution for prostitution or patronizing a person for pros-
50 titution, the sex of [the two] any of the parties or prospective parties
51 to the sexual conduct engaged in, contemplated or solicited is immateri-
52 al[, and it is no defense that:
53 1. Such persons were of the same sex; or
54 2. The person who received, agreed to receive or solicited a fee was a
55 male and the person who paid or agreed or offered to pay such fee was a
56 female].
A. 8605--A 4
1 § 7. Sections 230.11, 230.12 and 230.13 of the penal law, as added by
2 chapter 368 of the laws of 2015, are amended to read as follows:
3 § 230.11 Aggravated patronizing a minor for prostitution in the third
4 degree.
5 A person is guilty of aggravated patronizing a minor for prostitution
6 in the third degree when, being twenty-one years old or more, [he or
7 she] the actor patronizes a person for prostitution and the person
8 patronized is less than seventeen years old and the person guilty of
9 patronizing engages in sexual intercourse, oral sexual conduct, anal
10 sexual conduct, or aggravated sexual conduct as those terms are defined
11 in section 130.00 of this part, with the person patronized.
12 Aggravated patronizing a minor for prostitution in the third degree is
13 a class E felony.
14 § 230.12 Aggravated patronizing a minor for prostitution in the second
15 degree.
16 A person is guilty of aggravated patronizing a minor for prostitution
17 in the second degree when, being eighteen years old or more, [he or she]
18 the actor patronizes a person for prostitution and the person patronized
19 is less than fifteen years old and the person guilty of patronizing
20 engages in sexual intercourse, oral sexual conduct, anal sexual conduct,
21 or aggravated sexual conduct as those terms are defined in section
22 130.00 of this part, with the person patronized.
23 Aggravated patronizing a minor for prostitution in the second degree
24 is a class D felony.
25 § 230.13 Aggravated patronizing a minor for prostitution in the first
26 degree.
27 A person is guilty of aggravated patronizing a minor for prostitution
28 in the first degree when [he or she] the actor patronizes a person for
29 prostitution and the person patronized is less than eleven years old, or
30 being eighteen years old or more, [he or she] the actor patronizes a
31 person for prostitution and the person patronized is less than thirteen
32 years old, and the person guilty of patronizing engages in sexual inter-
33 course, oral sexual conduct, anal sexual conduct, or aggravated sexual
34 conduct as those terms are defined in section 130.00 of this part, with
35 the person patronized.
36 Aggravated patronizing a minor for prostitution in the first degree is
37 a class B felony.
38 § 8. Section 230.15 of the penal law is REPEALED.
39 § 9. Section 230.19 of the penal law, as added by chapter 191 of the
40 laws of 2011, subdivision 1 as amended by chapter 368 of the laws of
41 2015, is amended to read as follows:
42 § 230.19 Promoting prostitution in a school zone.
43 [1.] A person is guilty of promoting prostitution in a school zone
44 when, being nineteen years old or more, [he or she] the actor knowingly
45 advances or profits from prostitution that [he or she] the actor knows
46 or reasonably should know is or will be committed [in violation of
47 section 230.03 of this article] in a school zone during the hours that
48 school is in session.
49 [2. For purposes of this section, "school zone" shall mean "school
50 zone" as defined in subdivision two of section 230.03 of this article.]
51 Promoting prostitution in a school zone is a class E felony.
52 § 10. Sections 230.20 and 230.25 of the penal law are REPEALED.
53 § 11. Section 230.30 of the penal law, as amended by chapter 368 of
54 the laws of 2015, is amended to read as follows:
55 § 230.30 Promoting prostitution in the second degree.
A. 8605--A 5
1 A person is guilty of promoting prostitution in the second degree when
2 [he or she] the actor knowingly:
3 1. Advances prostitution by compelling a person by force or intim-
4 idation to engage in prostitution, or profits from such coercive conduct
5 by another; or
6 2. Advances or profits from prostitution of a person less than eigh-
7 teen years old.
8 Promoting prostitution in the second degree is a class C felony.
9 § 12. Section 230.32 of the penal law, as added by chapter 627 of the
10 laws of 1978, the opening paragraph and subdivisions 1 and 2 as amended
11 by chapter 368 of the laws of 2015, is amended to read as follows:
12 § 230.32 Promoting prostitution in the first degree.
13 A person is guilty of promoting prostitution in the first degree when
14 [he or she] the actor:
15 1. knowingly advances or profits from prostitution of a person less
16 than thirteen years old; or
17 2. being twenty-one years old or more, [he or she] the actor knowingly
18 advances or profits from prostitution of a person less than fifteen
19 years old.
20 Promoting prostitution in the first degree is a class B felony.
21 § 13. Section 230.33 of the penal law, as amended by chapter 368 of
22 the laws of 2015, is amended to read as follows:
23 § 230.33 Compelling prostitution.
24 A person is guilty of compelling prostitution when, being eighteen
25 years old or more, [he or she] the actor knowingly advances prostitution
26 by compelling a person less than eighteen years old, by force or intim-
27 idation, to engage in prostitution.
28 Compelling prostitution is a class B felony.
29 § 14. The opening paragraph of section 230.34 of the penal law, as
30 added by chapter 74 of the laws of 2007, is amended to read as follows:
31 A person is guilty of sex trafficking if [he or she] the actor inten-
32 tionally advances or profits from prostitution by:
33 § 15. Section 230.34-a of the penal law, as added by chapter 189 of
34 the laws of 2018, is amended to read as follows:
35 § 230.34-a Sex trafficking of a child.
36 [1.] A person is guilty of sex trafficking of a child when [he or she]
37 the actor, being twenty-one years old or more, intentionally advances or
38 profits from prostitution of another person and such person is a child
39 less than eighteen years old. Knowledge by the defendant of the age of
40 such child is not an element of this offense and it is not a defense to
41 a prosecution therefor that the defendant did not know the age of the
42 child or believed such age to be eighteen or over.
43 [2. For purposes of this section:
44 (a) A person "advances prostitution" when, acting other than as a
45 person in prostitution or as a patron thereof, and with intent to cause
46 prostitution, he or she directly engages in conduct that facilitates an
47 act or enterprise of prostitution.
48 (b) A person "profits from prostitution" when, acting other than as a
49 person in prostitution receiving compensation for personally rendered
50 prostitution services, and with intent to facilitate prostitution, he or
51 she accepts or receives money or other property pursuant to an agreement
52 or understanding with any person whereby he or she participates in the
53 proceeds of prostitution activity.]
54 Sex trafficking of a child is a class B felony.
55 § 16. Section 230.35 of the penal law, as amended by chapter 368 of
56 the laws of 2015, is amended to read as follows:
A. 8605--A 6
1 § 230.35 Promoting or compelling prostitution; accomplice.
2 In a prosecution for promoting prostitution or compelling prostitu-
3 tion, a person [less than eighteen years old] from whose prostitution
4 activity another person is alleged to have advanced or attempted to
5 advance or profited or attempted to profit shall not be deemed to be an
6 accomplice.
7 § 17. Section 230.40 of the penal law is REPEALED.
8 § 18. This act shall take effect immediately.
9 PART B
10 ELIMINATING PRIOR CRIMINAL RECORDS AND OTHER RELATED PROVISIONS
11 Section 1. Paragraph (k) of subdivision 3 of section 160.50 of the
12 criminal procedure law, as amended by chapter 92 of the laws of 2021, is
13 amended to read as follows:
14 (k) (i) The conviction was for a violation of article two hundred
15 twenty or section 240.36 of the penal law prior to the effective date of
16 former article two hundred twenty-one of the penal law, and the sole
17 controlled substance involved was marihuana and the conviction was only
18 for a misdemeanor and/or violation; or
19 (ii) the conviction is for an offense defined in section 221.05 or
20 221.10 of the penal law prior to the effective date of chapter one
21 hundred thirty-two of the laws of two thousand nineteen; or
22 (iii) the conviction is for an offense defined in former section
23 221.05, 221.10, 221.15, 221.20, 221.35, or 221.40 of the penal law; or
24 (iv) the conviction was for an offense defined in section 240.37 of
25 the penal law; or
26 (v) the conviction was for a violation of section 220.03 or 220.06 of
27 the penal law prior to the effective date of the chapter of the laws of
28 two thousand twenty-one that amended this paragraph, and the sole
29 controlled substance involved was concentrated cannabis; or
30 (vi) the conviction was for an offense defined in section 222.10,
31 222.15, 222.25 or 222.45 of the penal law[.]; or
32 (vii) the conviction was for a violation of penal law section 230.00,
33 230.03, 230.20, 230.25, or 230.40 as in effect prior to the effective
34 date of part A of the chapter of the laws of two thousand twenty-four
35 that amended this section; or
36 (viii) an order pursuant to subdivision six of this section was
37 entered.
38 No defendant shall be required or permitted to waive eligibility for
39 sealing or expungement pursuant to this section as part of a plea of
40 guilty, sentence or any agreement related to a conviction [for a
41 violation of section 222.10, 222.15, 222.25 or 222.45 of the penal law]
42 or disposition and any such waiver shall be deemed void and wholly unen-
43 forceable.
44 § 2. Paragraph (a) of subdivision 5 of section 160.50 of the criminal
45 procedure law, as amended by chapter 132 of the laws of 2019, is amended
46 to read as follows:
47 (a) Expungement of certain [marihuana-related] records. A conviction
48 for an offense described in paragraph (k) of subdivision three of this
49 section shall, on and after the effective date of this paragraph, in
50 accordance with the provisions of this paragraph, be vacated and
51 dismissed, and all records of such conviction or convictions and related
52 to such conviction or convictions shall be expunged, as described in
53 subdivision forty-five of section 1.20 of this chapter, and the matter
54 shall be considered terminated in favor of the accused and deemed a
A. 8605--A 7
1 nullity, having been rendered by this paragraph legally invalid. All
2 such records for an offense described in this paragraph where the
3 conviction was entered on or before the effective date of the chapter of
4 the laws of [2019] 2024 that amended this paragraph shall be expunged
5 promptly and, in any event, no later than one year after such effective
6 date.
7 § 3. Section 160.50 of the criminal procedure law is amended by adding
8 a new subdivision 6 to read as follows:
9 6. A person convicted under article two hundred thirty of the penal
10 law for what no longer constitutes an offense on or after the effective
11 date of part A of the chapter of the laws of two thousand twenty-four
12 that added this subdivision may upon motion apply to the court in which
13 such conviction occurred, upon not less than twenty days notice to the
14 district attorney, for an order finding that the criminal action or
15 proceeding was terminated in favor of such person, and such order shall
16 be granted unless the district attorney demonstrates to the satisfaction
17 of the court that the interests of justice require otherwise.
18 § 4. Paragraph (k) of subdivision 1 of section 440.10 of the criminal
19 procedure law, as amended by chapter 92 of the laws of 2021, is amended
20 to read as follows:
21 (k) The judgment occurred prior to the effective date of part A of the
22 chapter of the laws of two thousand [twenty-one] twenty-three that
23 amended this paragraph and is a conviction for an offense as defined in
24 subparagraphs (i), (ii), (iii) [or], (iv), or (vii) of paragraph (k) of
25 subdivision three of section 160.50 of this part, in which case the
26 court shall presume that a conviction by plea for the aforementioned
27 offenses was not knowing, voluntary and intelligent if it has severe or
28 ongoing consequences, including but not limited to potential or actual
29 immigration consequences, and shall presume that a conviction by verdict
30 for the aforementioned offenses constitutes cruel and unusual punishment
31 under section five of article one of the state constitution, based on
32 those consequences. The people may rebut these presumptions.
33 § 5. Subdivision 5 of section 1310 of the civil practice law and
34 rules, as added by chapter 669 of the laws of 1984, is amended to read
35 as follows:
36 5. "Post-conviction forfeiture crime" means any felony defined in the
37 penal law or any other chapter of the consolidated laws of the state.
38 However, this shall not include any felony under article two hundred
39 thirty of the penal law in effect prior to the effective date of a chap-
40 ter of the laws of two thousand twenty-four which amended this subdivi-
41 sion, unless it was also a felony under that article on or after that
42 date.
43 § 6. Section 60.47 of the criminal procedure law is REPEALED.
44 § 7. Subdivision 4 of section 170.30 of the criminal procedure law is
45 REPEALED.
46 § 8. Section 170.80 of the criminal procedure law is REPEALED.
47 § 9. Subdivision 2 of section 420.35 of the criminal procedure law, as
48 amended by chapter 23 of the laws of 2021, is amended to read as
49 follows:
50 2. Except as provided in this subdivision or subdivision two-a of this
51 section, under no circumstances shall the mandatory surcharge, sex
52 offender registration fee, DNA databank fee or the crime victim assist-
53 ance fee be waived. A court shall waive any mandatory surcharge, DNA
54 databank fee and crime victim assistance fee when: (i) the defendant is
55 convicted of [prostitution under section 230.00 of the penal law; (ii)
56 the defendant is convicted of a violation in the event such conviction
A. 8605--A 8
1 is in lieu of a plea to or conviction for prostitution under section
2 230.00 of the penal law; (iii)] a violation of article two hundred thir-
3 ty or section 240.37 of the penal law, as in effect prior to the effec-
4 tive date of a chapter of the laws of two thousand twenty-four which
5 amended this subdivision, unless the violation is an offense under law
6 in effect on and after that effective date; or (ii) the court finds that
7 a defendant is a victim of sex trafficking under section 230.34 of the
8 penal law, sex trafficking of a child under section 230.34-a of the
9 penal law, or [a victim of] trafficking in persons under the trafficking
10 victims protection act (United States Code, Title 22, Chapter 78)[; or
11 (iv) the court finds that the defendant is a victim of sex trafficking
12 of a child under section 230.34-a of the penal law].
13 § 10. Subdivision 4 of section 720.15 of the criminal procedure law is
14 REPEALED.
15 § 11. Subdivision 1 of section 720.35 of the criminal procedure law,
16 as amended by chapter 23 of the laws of 2021, is amended to read as
17 follows:
18 1. A youthful offender adjudication is not a judgment of conviction
19 for a crime or any other offense, and does not operate as a disquali-
20 fication of any person so adjudged to hold public office or public
21 employment or to receive any license granted by public authority but
22 shall be deemed a conviction only for the purposes of transfer of super-
23 vision and custody pursuant to section two hundred fifty-nine-m of the
24 executive law. [A defendant for whom a youthful offender adjudication
25 was substituted, who was originally charged with prostitution as defined
26 in section 230.00 of the penal law, shall be deemed a "sexually
27 exploited child" as defined in subdivision one of section four hundred
28 forty-seven-a of the social services law and therefore shall not be
29 considered an adult for purposes related to the charges in the youthful
30 offender proceeding or a proceeding under section 170.80 of this chap-
31 ter.]
32 § 12. The office of court administration shall establish and make
33 available all necessary forms for proceedings under this act no later
34 than sixty days following the effective date of this section.
35 § 13. This act shall take effect on the thirtieth day after it shall
36 have become a law.
37 PART C
38 OTHER CONFORMING CHANGES
39 Section 1. Subdivision 1 of section 12 of the multiple dwelling law is
40 amended to read as follows:
41 1. It shall be unlawful to use any multiple dwelling or any part of
42 the lot or premises thereof for the purpose of criminal conduct related
43 to prostitution [or assignation of any description] under article two
44 hundred thirty of the penal law. This subdivision shall only apply to
45 conduct involving prostitution activity in violation of article two
46 hundred thirty of the penal law on or after the effective date of a
47 chapter of the laws of two thousand twenty-four that amended this subdi-
48 vision.
49 § 2. Sections 351 and 352 of the multiple dwelling law, section 352 as
50 amended by chapter 310 of the laws of 1962, are amended to read as
51 follows:
52 § 351. Lien. A multiple dwelling shall be subject to a penalty of one
53 thousand dollars if it or any part of it shall be used as a house of
54 prostitution [or assignation] in violation of article two hundred thirty
A. 8605--A 9
1 of the penal law with the permission of the owner, and such penalty
2 shall be a lien upon the dwelling and lot upon which it is situated.
3 This section shall only apply to conduct involving prostitution activity
4 in violation of article two hundred thirty of the penal law on or after
5 the effective date of a chapter of the laws of two thousand twenty-four
6 that amended this section.
7 § 352. Recovery of premises. If a multiple dwelling, or any part
8 thereof, shall be used as a house of prostitution [or assignation] in
9 violation of article two hundred thirty of the penal law with the
10 permission of the lessee or [his] the lessee's agent, the lease shall be
11 terminable at the election of the lessor, and the owner shall be enti-
12 tled to recover possession of said premises by summary proceedings.
13 This section shall only apply to conduct involving prostitution activity
14 in violation of article two hundred thirty of the penal law on or after
15 the effective date of a chapter of the laws of two thousand twenty-four
16 that amended this section.
17 § 3. Section 2320 of the public health law is amended to read as
18 follows:
19 § 2320. Houses of prostitution; equipment; nuisance. 1. Whoever shall
20 erect, establish, continue, maintain, use, own, or lease any building,
21 erection, or place used for the purpose of [lewdness, assignation, or]
22 prostitution activity in violation of article two hundred thirty of the
23 penal law is guilty of maintaining a nuisance.
24 2. The building, erection, or place, or the ground itself, in or upon
25 which any [lewdness, assignation, or] prostitution activity in violation
26 of article two hundred thirty of the penal law is conducted, permitted,
27 or carried on, continued, or exists, and the furniture, fixtures,
28 musical instruments, and movable property used in conducting or main-
29 taining such nuisance, are hereby declared to be a nuisance and shall be
30 enjoined and abated as hereafter provided.
31 3. This article shall only apply to conduct involving prostitution
32 activity in violation of article two hundred thirty of the penal law on
33 or after the effective date of this subdivision.
34 § 4. Subdivision 5 of section 711 of the real property actions and
35 proceedings law, as added by section 312 of the laws of 1962, is amended
36 to read as follows:
37 5. The premises, or any part thereof, are used or occupied [as a
38 bawdy-house, or house or place of assignation for lewd persons, or] for
39 purposes of prostitution activity in violation of article two hundred
40 thirty of the penal law, or for any illegal trade or manufacture, or
41 other illegal business. As used in this subdivision, "prostitution
42 activity" shall only mean conduct in violation of article two hundred
43 thirty of the penal law on or after the effective date of a chapter of
44 the laws of two thousand twenty-four that amended this subdivision.
45 § 5. Subdivisions 1 and 2 of section 715 of the real property actions
46 and proceedings law, subdivision 1 as amended by chapter 555 of the laws
47 of 1978, subdivision 2 as amended by chapter 368 of the laws of 2015,
48 are amended to read as follows:
49 1. An owner or tenant, including a tenant of one or more rooms of an
50 apartment house, tenement house or multiple dwelling, of any premises
51 within two hundred feet from other demised real property [used or occu-
52 pied in whole or in part as a bawdy-house, or house or place of assigna-
53 tion for lewd persons, or] for purposes of prostitution activity in
54 violation of article two hundred thirty of the penal law, or for any
55 illegal trade, business or manufacture, or any domestic corporation
56 organized for the suppression of vice, subject to or which submits to
A. 8605--A 10
1 visitation by the state department of social services and possesses a
2 certificate from such department of such fact and of conformity with
3 regulations of the department, or any duly authorized enforcement agency
4 of the state or of a subdivision thereof, under a duty to enforce the
5 provisions of the penal law or of any state or local law, ordinance,
6 code, rule or regulation relating to buildings, may serve personally
7 upon the owner or landlord of the premises so used or occupied, or upon
8 [his] the lessee's agent, a written notice requiring the owner or land-
9 lord to make an application for the removal of the person so using or
10 occupying the same. If the owner or landlord or [his] the lessee's agent
11 does not make such application within five days thereafter; or, having
12 made it, does not in good faith diligently prosecute it, the person,
13 corporation or enforcement agency giving the notice may bring a proceed-
14 ing under this article for such removal as though the petitioner were
15 the owner or landlord of the premises, and shall have precedence over
16 any similar proceeding thereafter brought by such owner or landlord or
17 to one theretofore brought by [him] such owner or landlord and not pros-
18 ecuted diligently and in good faith. [Proof of the ill repute of the
19 demised premises or of the inmates thereof or of those resorting thereto
20 shall constitute presumptive evidence of the unlawful use of the demised
21 premises required to be stated in the petition for removal.] Both the
22 person in possession of the property and the owner or landlord shall be
23 made respondents in the proceeding. As used in this subdivision, "pros-
24 titution activity" shall only mean conduct in violation of article two
25 hundred thirty of the penal law on or after the effective date of a
26 chapter of the laws of two thousand twenty-four that amended this subdi-
27 vision.
28 2. For purposes of this section, two or more convictions of any person
29 or persons had, within a period of one year, for any of the offenses
30 described in section [230.00,] 230.05, 230.06, 230.11, 230.12, 230.13,
31 [230.20, 230.25,] 230.30, or 230.32 [or 230.40] of the penal law arising
32 out of conduct engaged in at the same real property consisting of a
33 dwelling as that term is defined in subdivision four of section four of
34 the multiple dwelling law shall be presumptive evidence of conduct
35 constituting use of the premises for purposes of prostitution activity.
36 However, this subdivision shall only apply to an offense under article
37 two hundred thirty of the penal law in effect on or after the effective
38 date of a chapter of the laws of two thousand twenty-four that amended
39 this subdivision.
40 § 6. Subdivision 3 of section 231 of the real property law, as amended
41 by chapter 368 of the laws of 2015, is amended to read as follows:
42 3. For the purposes of this section, two or more convictions of any
43 person or persons had, within a period of one year, for any of the
44 offenses described in section [230.00,] 230.05, 230.06, 230.11, 230.12,
45 230.13, [230.20, 230.25,] 230.30, or 230.32 [or 230.40] of the penal law
46 arising out of conduct engaged in at the same premises consisting of a
47 dwelling as that term is defined in subdivision four of section four of
48 the multiple dwelling law shall be presumptive evidence of unlawful use
49 of such premises and of the owners knowledge of the same. However, this
50 subdivision shall only apply to an offense under article two hundred
51 thirty of the penal law in effect on or after the effective date of a
52 chapter of the laws of two thousand twenty-four that amended this subdi-
53 vision.
54 § 7. Paragraph 3 of subdivision b of section 233 of the real property
55 law, as amended by chapter 566 of the laws of 1996, is amended to read
56 as follows:
A. 8605--A 11
1 3. The premises, or any part thereof, are used or occupied [as a
2 bawdy-house, or house or place of assignation for lewd purposes or] for
3 purposes of prostitution activity in violation of article two hundred
4 thirty of the penal law, or for any illegal trade or business. As used
5 in this paragraph, "prostitution activity" shall only mean conduct in
6 violation of article two hundred thirty of the penal law on or after the
7 effective date of a chapter of the laws of two thousand twenty-four that
8 amended this paragraph.
9 § 8. Paragraphs (b) and (c) of subdivision 4 of section 509-cc of the
10 vehicle and traffic law, paragraph (b) as amended by chapter 400 of the
11 laws of 2011, paragraph (c) as amended by chapter 92 of the laws of
12 2021, are amended to read as follows:
13 (b) The offenses referred to in subparagraph (ii) of paragraph (a) of
14 subdivision one and paragraph (b) of subdivision two of this section
15 that result in permanent disqualification shall include a conviction
16 under sections 100.13, 105.15, 105.17, 115.08, 120.12, 120.70, 125.10,
17 125.11, 130.40, 130.53, 130.60, 130.65-a, 135.20, 160.15, 220.18,
18 220.21, 220.39, 220.41, 220.43, 220.44, [230.25,] 260.00, 265.04 of the
19 penal law or an attempt to commit any of the aforesaid offenses under
20 section 110.00 of the penal law, or any offenses committed under a
21 former section of the penal law which would constitute violations of the
22 aforesaid sections of the penal law, or any offenses committed outside
23 this state which would constitute violations of the aforesaid sections
24 of the penal law.
25 (c) The offenses referred to in subparagraph (i) of paragraph (b) of
26 subdivision one and subparagraph (i) of paragraph (c) of subdivision two
27 of this section that result in disqualification for a period of five
28 years shall include a conviction under sections 100.10, 105.13, 115.05,
29 120.03, 120.04, 120.04-a, 120.05, 120.10, 120.25, 121.12, 121.13,
30 [125.40, 125.45,] 130.20, 130.25, 130.52, 130.55, 135.10, 135.55,
31 140.17, 140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06,
32 220.09, 220.16, 220.31, 220.34, 220.60, 220.65, subdivision two of
33 section 222.50, subdivision two of section 222.55, [230.00,] 230.05,
34 230.06, 230.11, 230.12, 230.13, 230.19, [230.20,] 235.05, 235.06,
35 235.07, 235.21, 240.06, 245.00, 260.10, subdivision two of section
36 260.20 and sections 260.25, 265.02, 265.03, 265.08, 265.09, 265.10,
37 265.12, 265.35 of the penal law or an attempt to commit any of the afor-
38 esaid offenses under section 110.00 of the penal law, or any similar
39 offenses committed under a former section of the penal law, or any
40 offenses committed under a former section of the penal law which would
41 constitute violations of the aforesaid sections of the penal law, or any
42 offenses committed outside this state which would constitute violations
43 of the aforesaid sections of the penal law.
44 § 9. Subdivisions 1 and 2 of section 510-d of the vehicle and traffic
45 law, as amended by chapter 189 of the laws of 2018, are amended to read
46 as follows:
47 1. A class E driver's license shall be suspended by the commissioner
48 for a period of one year where the holder is convicted of a violation of
49 section [230.20, 230.25,] 230.30, 230.32, 230.34, or 230.34-a [or
50 230.40] of the penal law and the holder used a for hire motor vehicle to
51 commit such crime.
52 2. A class E driver's license may be revoked by the commissioner when
53 the holder, who had his or her driver's license suspended under subdivi-
54 sion one of this section within the last ten years, is convicted of a
55 second violation of section [230.20, 230.25,] 230.30, 230.32, 230.34, or
A. 8605--A 12
1 230.34-a [or 230.40] of the penal law and the holder used a for hire
2 motor vehicle to commit such crime.
3 § 10. Subdivision (a) of section 7-703 of the administrative code of
4 the city of New York is amended to read as follows:
5 (a) Any building, erection or place, including one- or two-family
6 dwellings, used for the purpose of prostitution [as defined in section
7 230.00] activity in violation of article two hundred thirty of the penal
8 law. Two or more criminal convictions of persons for [acts of] prostitu-
9 tion activity in violation of article two hundred thirty of the penal
10 law in the building, erection or place, including one- or two-family
11 dwellings, within the one-year period preceding the commencement of an
12 action under this chapter, shall be presumptive evidence that the build-
13 ing, erection or place, including one- or two-family dwellings, is a
14 public nuisance. In any action under this subdivision, evidence of the
15 common fame and general reputation of the building, erection or place,
16 including one- or two-family dwellings, of the inmates or occupants
17 thereof, or of those resorting thereto, shall be competent evidence to
18 prove the existence of the public nuisance. If evidence of the general
19 reputation of the building, erection or place, including one- or two-fa-
20 mily dwellings, or of the inmates or occupants thereof, is sufficient to
21 establish the existence of the public nuisance, it shall be prima facie
22 evidence of knowledge thereof and acquiescence and participation therein
23 and responsibility for the nuisance, on the part of the owners, lessors,
24 lessees and all those in possession of or having charge of, as agent or
25 otherwise, or having any interest in any form in the property, real or
26 personal, used in conducting or maintaining the public nuisance. As used
27 in this subdivision, "prostitution activity" shall only mean conduct in
28 violation of article two hundred thirty of the penal law on or after the
29 effective date of a chapter of the laws of two thousand twenty-four that
30 amended this subdivision;
31 § 11. Subdivision f of section 20-247 of the administrative code of
32 the city of New York is amended to read as follows:
33 f. It shall be unlawful for any licensee to guide or direct any person
34 to [a place of ill repute, house of ill fame or assignation, or to any
35 house or place of amusement kept for immoral purposes, or to] any place
36 resorted to for the purpose of prostitution activity in violation of
37 article two hundred thirty of the penal law or gambling. It shall be
38 unlawful for any such licensee to impart any information as to the
39 location or address of any such houses or places, or to solicit the
40 patronage of any person or persons for any hotel, lodging house or
41 boarding house or place of temporary or permanent abode, or for any
42 place where refreshments are served or amusement of any type provided.
43 As used in this subdivision, "prostitution activity" shall only mean
44 conduct in violation of article two hundred thirty of the penal law on
45 or after the effective date of a chapter of the laws of two thousand
46 twenty-four that amended this subdivision.
47 § 12. This act shall take effect on the thirtieth day after it shall
48 have become a law.
49 § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
50 sion, section or part of this act shall be adjudged by a court of compo-
51 nent jurisdiction to be invalid, such judgment shall not affect, impair
52 or invalidate the remainder thereof, but shall be confined in its opera-
53 tion to the clause, sentence, paragraph, subdivision, section or part
54 thereof directly involved in the controversy in which such judgment
55 shall have been rendered. It is hereby declared to be the intent of the
A. 8605--A 13
1 legislature that this act would have been enacted even if such invalid
2 provisions had not been included herein.
3 § 3. This act shall take effect immediately; provided, however, that
4 the applicable effective date of Parts A through C of this act shall be
5 as specifically set forth in the last section of such Parts.
