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S03075 Summary:

BILL NOS03075
 
SAME ASSAME AS A00849
 
SPONSORSALAZAR
 
COSPNSRBRISPORT, JACKSON, MYRIE, RAMOS, RIVERA, SEPULVEDA
 
MLTSPNSR
 
Rpld §§230.02, 230.15, 230.20, 230.25 & 240.37, Pen L; rpld §§60.47 & 170.80, §170.30 sub 4, §720.15 sub 4, CP L; amd Various Laws, generally
 
Decriminalizes certain prostitution offenses; amends provisions relating to prosecution of such offenses and vacating judgments.
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S03075 Actions:

BILL NOS03075
 
01/27/2021REFERRED TO CODES
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S03075 Memo:

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S03075 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3075
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                    January 27, 2021
                                       ___________
 
        Introduced  by  Sens.  SALAZAR, BRISPORT, JACKSON, MYRIE, RAMOS, RIVERA,
          SEPULVEDA -- 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 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
          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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00419-02-1

        S. 3075                             2
 
     1    Section 1. Section 230.00 of the penal law, as amended by chapter  169
     2  of the laws of 1969, is amended to read as follows:
     3  § 230.00 Prostitution; definitions.
     4    [A person is guilty of prostitution when such person engages or agrees
     5  or  offers to engage in sexual conduct with another person in return for
     6  a fee.
     7    Prostitution is a class B Misdemeanor]
     8    As used in this chapter, the following terms have the following  mean-
     9  ings:
    10    1.  "Prostitution"  means  engaging  or  agreeing  to engage in sexual
    11  conduct with another person in return for a fee.
    12    2. A person "patronizes a person for prostitution" when: (a)  pursuant
    13  to  a  prior  understanding,  the  actor pays a fee to another person as
    14  compensation for such other person or a third person having  engaged  in
    15  sexual conduct with the actor; or
    16    (b)  the person pays or agrees to pay a fee to another person pursuant
    17  to an understanding that in return therefor such other person or a third
    18  person will engage in sexual conduct with the actor; or
    19    (c) the person solicits or requests another person to engage in sexual
    20  conduct with the actor in return for a fee.
    21    3. "Person who is patronized" means the person  with  whom  the  actor
    22  engaged  in  sexual  conduct  or  was  to have engaged in sexual conduct
    23  pursuant to the understanding,  or  the  person  who  was  solicited  or
    24  requested by the actor to engage in sexual conduct.
    25    4. "School zone" means (a) in or on or within any building, structure,
    26  athletic  playing  field,  playground  or land contained within the real
    27  property boundary line of a public  or  private  elementary,  parochial,
    28  intermediate, junior high, vocational, or high school, or (b) any public
    29  sidewalk, street, parking lot, park, playground or private land, located
    30  immediately adjacent to the boundary line of such school.
    31    5.  (a) "Advance prostitution." A person "advances prostitution" when,
    32  acting other than as a person in prostitution or as  a  patron  thereof,
    33  and  with  intent  to  cause prostitution, the actor directly engages in
    34  conduct that facilitates an act or enterprise of prostitution.
    35    (b) Conduct by a person  under  twenty-one  years  of  age  shall  not
    36  constitute  advancing  prostitution  unless  the  person participated in
    37  compulsion by force or intimidation or in sex trafficking, or the person
    38  whose prostitution was advanced is under seventeen years of age.
    39    6. "Profit from prostitution."  A  person  profits  from  prostitution
    40  when,  acting  other  than as a person in prostitution receiving compen-
    41  sation for personally rendered prostitution services, the actor  accepts
    42  or  receives  money or other property pursuant to an agreement or under-
    43  standing with any person whereby the actor participates or is to partic-
    44  ipate in the proceeds of prostitution activity.
    45    § 2. Section 230.01 of the penal law, as amended by chapter 189 of the
    46  laws of 2018, is amended to read as follows:
    47  § 230.01 Prostitution; affirmative defense.
    48    In any prosecution under [section  230.00,]  section  230.03,  section
    49  230.19,  [230.20,  subdivision  2  of  section 230.25,] subdivision 2 of
    50  section 230.30, or section  230.34-a  [or  subdivision  two  of  section
    51  240.37]  of  this  [part] article, it is an affirmative defense that the
    52  defendant's participation in the offense was a result of having  been  a
    53  victim  of compelling prostitution under section 230.33, a victim of sex
    54  trafficking under section 230.34 of this article, a victim of sex  traf-
    55  ficking of a child under section 230.34-a of this article or a victim of

        S. 3075                             3
 
     1  trafficking  in  persons  under  the  trafficking victims protection act
     2  (United States Code, Title 22, Chapter 78).
     3    § 3. Section 230.02 of the penal law is REPEALED.
     4    §  4.  Section 230.03 of the penal law, as added by chapter 191 of the
     5  laws of 2011, subdivision 2 as amended by chapter 368  of  the  laws  of
     6  2015, is amended to read as follows:
     7  § 230.03 Prostitution in a school zone.
     8    [1.]  A  person is guilty of prostitution in a school zone when, being
     9  nineteen years of age or older, and acting during the hours that  school
    10  is in session, [he or she] the actor commits [the crime] an act of pros-
    11  titution  [in  violation  of  section 230.00 of this article] at a place
    12  that [he or she] the actor knows, or reasonably should  know,  is  in  a
    13  school zone, and [he or she] the actor knows, or reasonably should know,
    14  that  such  act  of  prostitution  is within the direct view of children
    15  attending such school.
    16    [2. For the purposes of  this  section,  section  230.08  and  section
    17  230.19  of  this article, "school zone" means (a) in or on or within any
    18  building,  structure,  athletic  playing  field,  playground   or   land
    19  contained  within the real property boundary line of a public or private
    20  elementary, parochial, intermediate, junior high,  vocational,  or  high
    21  school,  or  (b)  any  public sidewalk, street, parking lot, park, play-
    22  ground or private land, located immediately  adjacent  to  the  boundary
    23  line of such school.]
    24    Prostitution in a school zone is a class A misdemeanor.
    25    §  5.  Sections 230.04, 230.05, 230.06, 230.07 and 230.08 of the penal
    26  law, sections 230.04, 230.05, 230.06 and 230.07 as amended  and  section
    27  230.08  as added by chapter 368 of the laws of 2015, are amended to read
    28  as follows:
    29  § 230.04 Patronizing a person for prostitution in the third degree.
    30    A person is guilty of patronizing a person  for  prostitution  in  the
    31  third  degree when [he or she] the actor patronizes a person for prosti-
    32  tution and the person patronized is less than eighteen years old.
    33    Patronizing a person for prostitution in the third degree is a class A
    34  misdemeanor.
    35  § 230.05 Patronizing a person for prostitution in the second degree.
    36    A person is guilty of patronizing a person  for  prostitution  in  the
    37  second  degree  when,  being eighteen years old or more, [he or she] the
    38  actor patronizes a person for prostitution and the person patronized  is
    39  less than fifteen years old.
    40    Patronizing  a person for prostitution in the second degree is a class
    41  E felony.
    42  § 230.06 Patronizing a person for prostitution in the first degree.
    43    A person is guilty of patronizing a person  for  prostitution  in  the
    44  first degree when:
    45    1.  [He or she] The actor patronizes a person for prostitution and the
    46  person patronized is less than eleven years old; or
    47    2. Being eighteen years old or more, [he or she] the actor  patronizes
    48  a  person  for prostitution and the person patronized is less than thir-
    49  teen years old.
    50    Patronizing a person for prostitution in the first degree is a class D
    51  felony.
    52  § 230.07 Patronizing a person for prostitution; defense.
    53    In any prosecution for patronizing a person for  prostitution  in  the
    54  first  [or], second or third degrees or patronizing a person for prosti-
    55  tution in a school zone, it is a defense that the defendant did not have

        S. 3075                             4
 
     1  reasonable grounds to believe that the person  was  less  than  the  age
     2  specified.
     3  § 230.08 Patronizing a person for prostitution in a school zone.
     4    [1.]  A person is guilty of patronizing a person for prostitution in a
     5  school zone when, being twenty-one years old or more, [he  or  she]  the
     6  actor  patronizes a person for prostitution and the person patronized is
     7  less than eighteen years old at a place  that  [he  or  she]  the  actor
     8  knows, or reasonably should know, is in a school zone.
     9    [2.  For  purposes  of  this section, "school zone" shall mean "school
    10  zone" as defined in subdivision two of section 230.03 of this article.]
    11    Patronizing a person for prostitution in a school zone is  a  class  E
    12  felony.
    13    §  6.  Section  230.10  of  the penal law, the section heading and the
    14  opening paragraph as amended by chapter 368 of  the  laws  of  2015,  is
    15  amended to read as follows:
    16  § 230.10 Prostitution  and  patronizing  a  person  for prostitution; no
    17             defense.
    18    In any prosecution for prostitution or patronizing a person for  pros-
    19  titution, the sex of [the two] any of the parties or prospective parties
    20  to the sexual conduct engaged in, contemplated or solicited is immateri-
    21  al[, and it is no defense that:
    22    1. Such persons were of the same sex; or
    23    2. The person who received, agreed to receive or solicited a fee was a
    24  male  and the person who paid or agreed or offered to pay such fee was a
    25  female].
    26    § 7. Sections 230.11, 230.12 and 230.13 of the penal law, as added  by
    27  chapter 368 of the laws of 2015, are amended to read as follows:
    28  § 230.11 Aggravated  patronizing  a  minor for prostitution in the third
    29             degree.
    30    A person is guilty of aggravated patronizing a minor for  prostitution
    31  in  the  third  degree  when, being twenty-one years old or more, [he or
    32  she] the actor patronizes a  person  for  prostitution  and  the  person
    33  patronized  is  less  than  seventeen years old and the person guilty of
    34  patronizing engages in sexual intercourse,  oral  sexual  conduct,  anal
    35  sexual  conduct, or aggravated sexual conduct as those terms are defined
    36  in section 130.00 of this part, with the person patronized.
    37    Aggravated patronizing a minor for prostitution in the third degree is
    38  a class E felony.
    39  § 230.12 Aggravated patronizing a minor for prostitution in  the  second
    40             degree.
    41    A  person is guilty of aggravated patronizing a minor for prostitution
    42  in the second degree when, being eighteen years old or more, [he or she]
    43  the actor patronizes a person for prostitution and the person patronized
    44  is less than fifteen years old and  the  person  guilty  of  patronizing
    45  engages in sexual intercourse, oral sexual conduct, anal sexual conduct,
    46  or  aggravated  sexual  conduct  as  those  terms are defined in section
    47  130.00 of this part, with the person patronized.
    48    Aggravated patronizing a minor for prostitution in the  second  degree
    49  is a class D felony.
    50  § 230.13 Aggravated  patronizing  a  minor for prostitution in the first
    51             degree.
    52    A person is guilty of aggravated patronizing a minor for  prostitution
    53  in  the  first degree when [he or she] the actor patronizes a person for
    54  prostitution and the person patronized is less than eleven years old, or
    55  being eighteen years old or more, [he or she]  the  actor  patronizes  a
    56  person  for prostitution and the person patronized is less than thirteen

        S. 3075                             5
 
     1  years old, and the person guilty of patronizing engages in sexual inter-
     2  course, oral sexual conduct, anal sexual conduct, or  aggravated  sexual
     3  conduct  as those terms are defined in section 130.00 of this part, with
     4  the person patronized.
     5    Aggravated patronizing a minor for prostitution in the first degree is
     6  a class B felony.
     7    § 8. Section 230.15 of the penal law is REPEALED.
     8    §  9.  Section 230.19 of the penal law, as added by chapter 191 of the
     9  laws of 2011, subdivision 1 as amended by chapter 368  of  the  laws  of
    10  2015, is amended to read as follows:
    11  § 230.19 Promoting prostitution in a school zone.
    12    [1.]  A  person  is  guilty of promoting prostitution in a school zone
    13  when, being nineteen years old or more, [he or she] the actor  knowingly
    14  advances  or  profits from prostitution that [he or she] the actor knows
    15  or reasonably should know is  or  will  be  committed  in  violation  of
    16  section  230.03  of  this article in a school zone during the hours that
    17  school is in session.
    18    [2. For purposes of this section, "school  zone"  shall  mean  "school
    19  zone" as defined in subdivision two of section 230.03 of this article.]
    20    Promoting prostitution in a school zone is a class E felony.
    21    § 10. Sections 230.20 and 230.25 of the penal law are REPEALED.
    22    §  11.  Section  230.30 of the penal law, as amended by chapter 368 of
    23  the laws of 2015, is amended to read as follows:
    24  § 230.30 Promoting prostitution in the second degree.
    25    A person is guilty of promoting prostitution in the second degree when
    26  [he or she] the actor knowingly:
    27    1. Advances prostitution by compelling a person  by  force  or  intim-
    28  idation to engage in prostitution, or profits from such coercive conduct
    29  by another; or
    30    2.  Advances  or profits from prostitution of a person less than eigh-
    31  teen years old.
    32    Promoting prostitution in the second degree is a class C felony.
    33    § 12. Section 230.32 of the penal law, as added by chapter 627 of  the
    34  laws  of 1978, the opening paragraph and subdivisions 1 and 2 as amended
    35  by chapter 368 of the laws of 2015, is amended to read as follows:
    36  § 230.32 Promoting prostitution in the first degree.
    37    A person is guilty of promoting prostitution in the first degree  when
    38  [he or she] the actor:
    39    1.  knowingly  advances  or profits from prostitution of a person less
    40  than thirteen years old; or
    41    2. being twenty-one years old or more, [he or she] the actor knowingly
    42  advances or profits from prostitution of  a  person  less  than  fifteen
    43  years old.
    44    Promoting prostitution in the first degree is a class B felony.
    45    §  13.  Section  230.33 of the penal law, as amended by chapter 368 of
    46  the laws of 2015, is amended to read as follows:
    47  § 230.33 Compelling prostitution.
    48    A person is guilty of compelling  prostitution  when,  being  eighteen
    49  years old or more, [he or she] the actor knowingly advances prostitution
    50  by  compelling a person less than eighteen years old, by force or intim-
    51  idation, to engage in prostitution.
    52    Compelling prostitution is a class B felony.
    53    § 14. The opening paragraph of section 230.34 of  the  penal  law,  as
    54  added by chapter 74 of the laws of 2007, is amended to read as follows:
    55    A  person is guilty of sex trafficking if [he or she] the actor inten-
    56  tionally advances or profits from prostitution by:

        S. 3075                             6
 
     1    § 15. Section 230.34-a of the penal law, as added by  chapter  189  of
     2  the laws of 2018, is amended to read as follows:
     3  § 230.34-a Sex trafficking of a child.
     4    [1.] A person is guilty of sex trafficking of a child when [he or she]
     5  the actor, being twenty-one years old or more, intentionally advances or
     6  profits  from  prostitution of another person and such person is a child
     7  less than eighteen years old. Knowledge by the defendant of the  age  of
     8  such  child is not an element of this offense and it is not a defense to
     9  a prosecution therefor that the defendant did not know the  age  of  the
    10  child or believed such age to be eighteen or over.
    11    [2. For purposes of this section:
    12    (a)  A  person  "advances  prostitution"  when, acting other than as a
    13  person in prostitution or as a patron thereof, and with intent to  cause
    14  prostitution,  he or she directly engages in conduct that facilitates an
    15  act or enterprise of prostitution.
    16    (b) A person "profits from prostitution" when, acting other than as  a
    17  person  in  prostitution  receiving compensation for personally rendered
    18  prostitution services, and with intent to facilitate prostitution, he or
    19  she accepts or receives money or other property pursuant to an agreement
    20  or understanding with any person whereby he or she participates  in  the
    21  proceeds of prostitution activity.]
    22    Sex trafficking of a child is a class B felony.
    23    §  16.  Section  230.35 of the penal law, as amended by chapter 368 of
    24  the laws of 2015, is amended to read as follows:
    25  § 230.35 Promoting or compelling prostitution; accomplice.
    26    In a prosecution for promoting prostitution  or  compelling  prostitu-
    27  tion,  a  person  [less than eighteen years old] from whose prostitution
    28  activity another person is alleged to  have  advanced  or  attempted  to
    29  advance  or profited or attempted to profit shall not be deemed to be an
    30  accomplice.
    31    § 17. Section 230.40 of  the  penal  law,  the  opening  paragraph  as
    32  amended  by  chapter  368  of  the  laws  of 2015, is amended to read as
    33  follows:
    34  § 230.40 Permitting prostitution.
    35    A person is guilty of permitting prostitution when, having  possession
    36  or  control of premises or vehicle which [he or she] the actor knows are
    37  being used for prostitution purposes or for  the  purpose  of  advancing
    38  prostitution,  [he or she] in violation of this article, the actor fails
    39  to make reasonable effort to halt or abate such use.
    40    Permitting prostitution is a class B misdemeanor.
    41    § 18. Section 240.37 of the penal law is REPEALED.
    42    § 19. This act shall take effect on the thirtieth day after  it  shall
    43  have become a law.
 
    44                                   PART B
    45       ELIMINATING PRIOR CRIMINAL RECORDS AND OTHER RELATED PROVISIONS
 
    46    Section  1.  Subdivision 3 of section 160.50 of the criminal procedure
    47  law is amended by adding a new paragraph (m) to read as follows:
    48    (m) The accusatory instrument  alleged  a  violation  of  article  two
    49  hundred thirty or section 240.37 of the penal law, as in effect prior to
    50  the  effective  date  of  this paragraph, and the accusatory instrument,
    51  initially or as amended, does not allege  conduct  that  is  an  offense
    52  under  law  in effect on and after the effective date of this paragraph.
    53  No defendant shall be required or permitted  to  waive  eligibility  for
    54  sealing  pursuant  to  this  paragraph  as  part  of a plea of guilty, a

        S. 3075                             7
 
     1  sentence or any agreement related to a conviction or other  disposition.
     2  Any such waiver shall be deemed void and wholly unenforceable.
     3    § 2. Section 160.50 of the criminal procedure law is amended by adding
     4  a new subdivision 6 to read as follows:
     5    6.  A person in whose favor a criminal action or proceeding was termi-
     6  nated, as defined in paragraph (m) of subdivision three of this section,
     7  may upon motion apply to the court in which such  termination  occurred,
     8  upon  not  less than twenty days notice to the district attorney, for an
     9  order granting to such person the relief set forth in subdivision one of
    10  this section, and such order shall be granted unless the district attor-
    11  ney demonstrates to the satisfaction of the court that the interests  of
    12  justice require otherwise.
    13    §  3. Paragraph (k) of subdivision 1 of section 440.10 of the criminal
    14  procedure law, as added by chapter 132 of the laws of 2019,  is  amended
    15  and a new subdivision (l) is added to read as follows:
    16    (k)  The  judgment  occurred prior to the effective date of this para-
    17  graph and is a conviction for an offense as defined in subparagraph  (i)
    18  or  (ii) of paragraph (k) of subdivision three of section 160.50 of this
    19  part, in which case the court shall presume that a  conviction  by  plea
    20  for  the aforementioned offenses was not knowing, voluntary and intelli-
    21  gent if it has severe or ongoing consequences, including but not limited
    22  to potential or actual immigration consequences, and shall presume  that
    23  a  conviction  by  verdict  for  the aforementioned offenses constitutes
    24  cruel and unusual punishment under section five of article  one  of  the
    25  state  constitution,  based  on those consequences. The people may rebut
    26  these presumptions[.]; or
    27    (l) The judgment is a  conviction  for  a  violation  of  article  two
    28  hundred thirty or section 240.37 of the penal law, as in effect prior to
    29  the  effective  date  of  this  paragraph, provided that the court shall
    30  decline to vacate any portion of the judgment of conviction that is  for
    31  conduct  that  is  an  offense  under  law  in effect at the time of the
    32  conduct and on and after the effective date of this paragraph.
    33    § 4. Section 440.10 of the criminal procedure law is amended by adding
    34  a new subdivision 6-a to read as follows:
    35    6-a. If the court grants a motion under paragraph (l)  of  subdivision
    36  one of this section, it must vacate the judgment and dismiss the accusa-
    37  tory instrument, to the extent it has vacated the judgment, and may take
    38  such additional action as is appropriate in the circumstances.
    39    §  5.  Subdivision  5  of  section  1310 of the civil practice law and
    40  rules, as added by chapter 669 of the laws of 1984, is amended  to  read
    41  as follows:
    42    5.  "Post-conviction forfeiture crime" means any felony defined in the
    43  penal law or any other chapter of the consolidated laws  of  the  state.
    44  However,  this  shall  not  include any felony under article two hundred
    45  thirty of the penal law in effect prior to the effective date of a chap-
    46  ter of the laws of two thousand twenty-one which amended  this  subdivi-
    47  sion,  unless  it  was also a felony under that article on or after that
    48  date.
    49    § 6. Section 60.47 of the criminal procedure law is REPEALED.
    50    § 7. Paragraphs (c) and (d) of subdivision 1 of section 160.10 of  the
    51  criminal  procedure  law, paragraph (c) as amended by chapter 762 of the
    52  laws of 1971 and paragraph (d) as amended by chapter 232 of the laws  of
    53  2010, are amended to read as follows:
    54    (c) A misdemeanor defined outside the penal law which would constitute
    55  a  felony  if  such  person  had a previous judgment of conviction for a
    56  crime[; or

        S. 3075                             8

     1    (d) Loitering for the purpose of engaging in a prostitution offense as
     2  defined in subdivision two of section 240.37 of the penal law].
     3    §  8. Subdivision 4 of section 170.30 of the criminal procedure law is
     4  REPEALED.
     5    § 9. Section 170.80 of the criminal procedure law is REPEALED.
     6    § 10.  Subdivision 2 of section 420.35 of the criminal procedure  law,
     7  as  amended  by  chapter  144 of the laws of 2020, is amended to read as
     8  follows:
     9    2. Except as provided in this subdivision or subdivision two-a of this
    10  section, under no  circumstances  shall  the  mandatory  surcharge,  sex
    11  offender  registration fee, DNA databank fee or the crime victim assist-
    12  ance fee be waived. A court shall waive  any  mandatory  surcharge,  DNA
    13  databank  fee and crime victim assistance fee when: (i) the defendant is
    14  convicted of [loitering for the  purpose  of  engaging  in  prostitution
    15  under  section  240.37 of the penal law (provided that the defendant was
    16  not convicted of loitering for the purpose of patronizing a  person  for
    17  prostitution);  (ii)  the  defendant  is convicted of prostitution under
    18  section 230.00 of the penal law; (iii) the defendant is convicted  of  a
    19  violation  in  the  event  such  conviction  is  in lieu of a plea to or
    20  conviction for loitering for the purpose  of  engaging  in  prostitution
    21  under  section  240.37 of the penal law (provided that the defendant was
    22  not alleged to be loitering for the purpose of patronizing a person  for
    23  prostitution)  or prostitution under section 230.00 of the penal law;] a
    24  violation of article two hundred thirty or section 240.37 of  the  penal
    25  law,  as  in effect prior to the effective date of a chapter of the laws
    26  of two thousand twenty-one which amended this  subdivision,  unless  the
    27  violation  is an offense under law in effect on and after that effective
    28  date or [(iv)] the court finds that a defendant is a victim of sex traf-
    29  ficking under section 230.34 of the penal  law,  sex  trafficking  of  a
    30  child  under  section  230.34-a of the penal law, or [a victim of] traf-
    31  ficking in persons under the trafficking victims protection act  (United
    32  States  Code,  Title  22,  Chapter 78)[; or (v) the court finds that the
    33  defendant is a victim of  sex  trafficking  of  a  child  under  section
    34  230.34-a of the penal law].
    35    § 11. Subdivision 4 of section 720.15 of the criminal procedure law is
    36  REPEALED.
    37    §  12.  Subdivision 1 of section 720.35 of the criminal procedure law,
    38  as amended by chapter 402 of the laws of 2014, is  amended  to  read  as
    39  follows:
    40    1.  A  youthful  offender adjudication is not a judgment of conviction
    41  for a crime or any other offense, and does not operate  as  a  disquali-
    42  fication  of  any  person  so  adjudged  to hold public office or public
    43  employment or to receive any license granted  by  public  authority  but
    44  shall be deemed a conviction only for the purposes of transfer of super-
    45  vision  and  custody pursuant to section two hundred fifty-nine-m of the
    46  executive law. [A defendant for whom a  youthful  offender  adjudication
    47  was substituted, who was originally charged with prostitution as defined
    48  in  section  230.00  of  the  penal law or loitering for the purposes of
    49  prostitution as defined in subdivision two  of  section  240.37  of  the
    50  penal law provided that the person does not stand charged with loitering
    51  for  the  purpose  of patronizing a prostitute, for an offense allegedly
    52  committed when he or she was sixteen or seventeen years of age, shall be
    53  deemed a "sexually exploited child" as defined  in  subdivision  one  of
    54  section four hundred forty-seven-a of the social services law and there-
    55  fore shall not be considered an adult for purposes related to the charg-

        S. 3075                             9

     1  es  in  the  youthful  offender proceeding or a proceeding under section
     2  170.80 of this chapter.]
     3    §  13. Paragraphs (c) and (d) of subdivision 1 of section 447-a of the
     4  social services law, as amended by chapter 189 of the laws of 2018,  are
     5  amended to read as follows:
     6    (c)  is a victim of the crime of compelling prostitution as defined in
     7  section 230.33 of the penal law; or
     8    (d) engages in acts  or  conduct  described  in  article  two  hundred
     9  sixty-three [or section 240.37] of the penal law.
    10    §  14.  The  third  undesignated paragraph of subdivision a of section
    11  3-118 of the administrative code of the city of New York, as amended  by
    12  chapter 189 of the laws of 2018, is amended to read as follows:
    13    Sexually  exploited  youth.  The term "sexually exploited youth" means
    14  persons under the age of 18 who have been subject to sexual exploitation
    15  because they (a) are the victim of  the  crime  of  sex  trafficking  as
    16  defined  in  section  230.34  of the penal law; (b) engage in any act as
    17  defined in section 230.00 of the penal law; (c)  are  a  victim  of  the
    18  crime  of  compelling  prostitution  as defined in section 230.33 of the
    19  penal law; (d) are a victim of the crime of sex trafficking of  a  child
    20  as  defined  in section 230.34-a of the penal law; or (e) engage in acts
    21  or conduct described in article 263 [or section  240.37]  of  the  penal
    22  law.  The term shall also mean persons under the age of 18 who have been
    23  subject to incest in the third degree, second degree or first degree, as
    24  defined in sections 255.25, 255.26, and 255.27 of the penal law, respec-
    25  tively,  or  any  of  the  sex offenses enumerated in article 130 of the
    26  penal law.
    27    § 15. The office of court  administration  shall  establish  and  make
    28  available  all  necessary  forms for proceedings under this act no later
    29  than sixty days following the effective date of this section.
    30    § 16. This act shall take effect on the thirtieth day after  it  shall
    31  have become a law.
 
    32                                   PART C
    33                          OTHER CONFORMING CHANGES
 
    34    Section 1. Subdivision 1 of section 12 of the multiple dwelling law is
    35  amended to read as follows:
    36    1.  It  shall  be unlawful to use any multiple dwelling or any part of
    37  the lot or premises thereof for the purpose of criminal conduct  related
    38  to  prostitution  [or  assignation of any description] under article two
    39  hundred thirty of the penal law. This subdivision shall  only  apply  to
    40  conduct  involving  prostitution  activity  in  violation of article two
    41  hundred thirty of the penal law on or after  the  effective  date  of  a
    42  chapter  of the laws of two thousand twenty-one that amended this subdi-
    43  vision.
    44    § 2. Sections 351 and 352 of the multiple dwelling law, section 352 as
    45  amended by chapter 310 of the laws of  1962,  are  amended  to  read  as
    46  follows:
    47    § 351. Lien.  A multiple dwelling shall be subject to a penalty of one
    48  thousand  dollars  if  it  or any part of it shall be used as a house of
    49  prostitution [or assignation] in violation of article two hundred thirty
    50  of the penal law with the permission of  the  owner,  and  such  penalty
    51  shall  be  a  lien  upon the dwelling and lot upon which it is situated.
    52  This section shall only apply to conduct involving prostitution activity
    53  in violation of article two hundred thirty of the penal law on or  after

        S. 3075                            10
 
     1  the  effective  date of a chapter of the laws of two thousand twenty-one
     2  that amended this section.
     3    §  352.  Recovery  of  premises.   If a multiple dwelling, or any part
     4  thereof, shall be used as a house of prostitution  [or  assignation]  in
     5  violation  of  article  two  hundred  thirty  of  the penal law with the
     6  permission of the lessee or [his] the lessee's agent, the lease shall be
     7  terminable at the election of the lessor, and the owner shall  be  enti-
     8  tled  to  recover  possession  of  said premises by summary proceedings.
     9  This section shall only apply to conduct involving prostitution activity
    10  in violation of article two hundred thirty of the penal law on or  after
    11  the  effective  date of a chapter of the laws of two thousand twenty-one
    12  that amended this section.
    13    § 3. Section 2320 of the public health  law  is  amended  to  read  as
    14  follows:
    15    § 2320. Houses of prostitution; equipment; nuisance.  1. Whoever shall
    16  erect,  establish,  continue, maintain, use, own, or lease any building,
    17  erection, or place used for the purpose of [lewdness,  assignation,  or]
    18  prostitution  activity in violation of article two hundred thirty of the
    19  penal law is guilty of maintaining a nuisance.
    20    2. The building, erection, or place, or the ground itself, in or  upon
    21  which any [lewdness, assignation, or] prostitution activity in violation
    22  of  article two hundred thirty of the penal law is conducted, permitted,
    23  or carried on,  continued,  or  exists,  and  the  furniture,  fixtures,
    24  musical  instruments,  and  movable property used in conducting or main-
    25  taining such nuisance, are hereby declared to be a nuisance and shall be
    26  enjoined and abated as hereafter provided.
    27    3. This article shall only apply  to  conduct  involving  prostitution
    28  activity  in violation of article two hundred thirty of the penal law on
    29  or after the effective date of this subdivision.
    30    § 4. Subdivision 5 of section 711 of the  real  property  actions  and
    31  proceedings law, as added by section 312 of the laws of 1962, is amended
    32  to read as follows:
    33    5.  The  premises,  or  any  part  thereof, are used or occupied [as a
    34  bawdy-house, or house or place of assignation for lewd persons, or]  for
    35  purposes  of  prostitution  activity in violation of article two hundred
    36  thirty of the penal law, or for any illegal  trade  or  manufacture,  or
    37  other  illegal  business.  As  used  in  this subdivision, "prostitution
    38  activity" shall only mean conduct in violation of  article  two  hundred
    39  thirty  of  the penal law on or after the effective date of a chapter of
    40  the laws of two thousand twenty-one that amended this subdivision.
    41    § 5. Subdivisions 1 and 2 of section 715 of the real property  actions
    42  and proceedings law, subdivision 1 as amended by chapter 555 of the laws
    43  of  1978,  subdivision  2 as amended by chapter 368 of the laws of 2015,
    44  are amended to read as follows:
    45    1. An owner or tenant, including a tenant of one or more rooms  of  an
    46  apartment  house,  tenement  house or multiple dwelling, of any premises
    47  within two hundred feet from other demised real property [used or  occu-
    48  pied in whole or in part as a bawdy-house, or house or place of assigna-
    49  tion  for  lewd  persons,  or]  for purposes of prostitution activity in
    50  violation of article two hundred thirty of the penal  law,  or  for  any
    51  illegal  trade,  business  or  manufacture,  or any domestic corporation
    52  organized for the suppression of vice, subject to or  which  submits  to
    53  visitation  by  the  state department of social services and possesses a
    54  certificate from such department of such fact  and  of  conformity  with
    55  regulations of the department, or any duly authorized enforcement agency
    56  of  the  state  or of a subdivision thereof, under a duty to enforce the

        S. 3075                            11
 
     1  provisions of the penal law or of any state  or  local  law,  ordinance,
     2  code,  rule  or  regulation  relating to buildings, may serve personally
     3  upon the owner or landlord of the premises so used or occupied, or  upon
     4  [his]  the lessee's agent, a written notice requiring the owner or land-
     5  lord to make an application for the removal of the person  so  using  or
     6  occupying the same. If the owner or landlord or [his] the lessee's agent
     7  does  not  make such application within five days thereafter; or, having
     8  made it, does not in good faith diligently  prosecute  it,  the  person,
     9  corporation or enforcement agency giving the notice may bring a proceed-
    10  ing  under  this  article for such removal as though the petitioner were
    11  the owner or landlord of the premises, and shall  have  precedence  over
    12  any  similar  proceeding thereafter brought by such owner or landlord or
    13  to one theretofore brought by [him] such owner or landlord and not pros-
    14  ecuted diligently and in good faith. [Proof of the  ill  repute  of  the
    15  demised premises or of the inmates thereof or of those resorting thereto
    16  shall constitute presumptive evidence of the unlawful use of the demised
    17  premises  required  to  be stated in the petition for removal.] Both the
    18  person in possession of the property and the owner or landlord shall  be
    19  made respondents in the proceeding.  As used in this subdivision, "pros-
    20  titution  activity"  shall only mean conduct in violation of article two
    21  hundred thirty of the penal law on or after  the  effective  date  of  a
    22  chapter  of the laws of two thousand twenty-one that amended this subdi-
    23  vision.
    24    2. For purposes of this section, two or more convictions of any person
    25  or persons had, within a period of one year, for  any  of  the  offenses
    26  described  in  section [230.00,] 230.05, 230.06, 230.11, 230.12, 230.13,
    27  [230.20, 230.25,] 230.30, 230.32 or 230.40 of the penal law arising  out
    28  of conduct engaged in at the same real property consisting of a dwelling
    29  as  that  term  is  defined  in  subdivision four of section four of the
    30  multiple dwelling law shall be presumptive evidence of  conduct  consti-
    31  tuting  use of the premises for purposes of prostitution.  However, this
    32  subdivision shall only apply to an offense  under  article  two  hundred
    33  thirty  of  the  penal law in effect on or after the effective date of a
    34  chapter of laws of two thousand twenty-one that  amended  this  subdivi-
    35  sion.
    36    § 6. Subdivision 3 of section 231 of the real property law, as amended
    37  by chapter 368 of the laws of 2015, is amended to read as follows:
    38    3.  For  the  purposes of this section, two or more convictions of any
    39  person or persons had, within a period of  one  year,  for  any  of  the
    40  offenses  described in section [230.00,] 230.05, 230.06, 230.11, 230.12,
    41  230.13, [230.20, 230.25,] 230.30, 230.32 or  230.40  of  the  penal  law
    42  arising  out  of conduct engaged in at the same premises consisting of a
    43  dwelling as that term is defined in subdivision four of section four  of
    44  the  multiple dwelling law shall be presumptive evidence of unlawful use
    45  of such premises and of the owners knowledge of the same.  However, this
    46  subdivision shall only apply to an offense  under  article  two  hundred
    47  thirty  of  the  penal law in effect on or after the effective date of a
    48  chapter of the laws of two thousand twenty-one that amended this  subdi-
    49  vision.
    50    §  7. Paragraph 3 of subdivision b of section 233 of the real property
    51  law, as added by chapter 566 of the laws of 1996, is amended to read  as
    52  follows:
    53    3.  The  premises,  or  any  part  thereof, are used or occupied [as a
    54  bawdy-house, or house or place of assignation for lewd purposes or]  for
    55  purposes  of  prostitution  activity in violation of article two hundred
    56  thirty of the penal law, or for any illegal trade or business.  As  used

        S. 3075                            12
 
     1  in  this  paragraph,  "prostitution activity" shall only mean conduct in
     2  violation of article two hundred thirty of the penal law on or after the
     3  effective date of a chapter of the laws of two thousand twenty-one  that
     4  amended this paragraph.
     5    §  8. Paragraphs (b) and (c) of subdivision 4 of section 509-cc of the
     6  vehicle and traffic law, paragraph (b) as amended by chapter 400 of  the
     7  laws  of  2011,  paragraph  (c) as amended by chapter 368 of the laws of
     8  2015, are amended to read as follows:
     9    (b) The offenses referred to in subparagraph (ii) of paragraph (a)  of
    10  subdivision  one  and  paragraph  (b) of subdivision two of this section
    11  that result in permanent disqualification  shall  include  a  conviction
    12  under  sections  100.13, 105.15, 105.17, 115.08, 120.12, 120.70, 125.10,
    13  125.11,  130.40,  130.53,  130.60,  130.65-a,  135.20,  160.15,  220.18,
    14  220.21,  220.39, 220.41, 220.43, 220.44, [230.25,] 260.00, 265.04 of the
    15  penal law or an attempt to commit any of the  aforesaid  offenses  under
    16  section  110.00  of  the  penal  law,  or any offenses committed under a
    17  former section of the penal law which would constitute violations of the
    18  aforesaid sections of the penal law, or any offenses  committed  outside
    19  this  state  which would constitute violations of the aforesaid sections
    20  of the penal law.
    21    (c) The offenses referred to in subparagraph (i) of paragraph  (b)  of
    22  subdivision one and subparagraph (i) of paragraph (c) of subdivision two
    23  of  this  section  that  result in disqualification for a period of five
    24  years shall include a conviction under sections 100.10, 105.13,  115.05,
    25  120.03,  120.04,  120.04-a,  120.05,  120.10,  120.25,  121.12,  121.13,
    26  [125.40,  125.45,]  130.20,  130.25,  130.52,  130.55,  135.10,  135.55,
    27  140.17,  140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06,
    28  220.09, 220.16, 220.31, 220.34, 220.60, 220.65, 221.30, 221.50,  221.55,
    29  [230.00,]  230.05,  230.06,  230.11,  230.12,  230.13, 230.19, [230.20,]
    30  235.05, 235.06, 235.07, 235.21, 240.06, 245.00, 260.10, subdivision  two
    31  of  section  260.20 and sections 260.25, 265.02, 265.03, 265.08, 265.09,
    32  265.10, 265.12, 265.35 of the penal law or an attempt to commit  any  of
    33  the  aforesaid  offenses  under  section 110.00 of the penal law, or any
    34  similar offenses committed under a former section of the penal  law,  or
    35  any  offenses  committed  under  a former section of the penal law which
    36  would constitute violations of the aforesaid sections of the penal  law,
    37  or  any  offenses  committed  outside  this state which would constitute
    38  violations of the aforesaid sections of the penal law.
    39    § 9. Subdivisions 1 and 2 of section 510-d of the vehicle and  traffic
    40  law,  as amended by chapter 189 of the laws of 2018, are amended to read
    41  as follows:
    42    1. A class E driver's license shall be suspended by  the  commissioner
    43  for a period of one year where the holder is convicted of a violation of
    44  section  [230.20, 230.25,] 230.30, 230.32, 230.34, 230.34-a or 230.40 of
    45  the penal law and the holder used a for hire  motor  vehicle  to  commit
    46  such crime.
    47    2.  A class E driver's license may be revoked by the commissioner when
    48  the holder, who had his or her driver's license suspended under subdivi-
    49  sion one of this section within the last ten years, is  convicted  of  a
    50  second  violation  of  section [230.20, 230.25,] 230.30, 230.32, 230.34,
    51  230.34-a or 230.40 of the penal law and the holder used a for hire motor
    52  vehicle to commit such crime.
    53    § 10. Subdivision (a) of section 7-703 of the administrative  code  of
    54  the city of New York is amended to read as follows:
    55    (a)  Any  building,  erection  or  place, including one- or two-family
    56  dwellings, used for the purpose of prostitution [as defined  in  section

        S. 3075                            13

     1  230.00] activity in violation of article two hundred thirty of the penal
     2  law. Two or more criminal convictions of persons for [acts of] prostitu-
     3  tion  activity  in  violation of article two hundred thirty of the penal
     4  law  in  the  building,  erection or place, including one- or two-family
     5  dwellings, within the one-year period preceding the commencement  of  an
     6  action under this chapter, shall be presumptive evidence that the build-
     7  ing,  erection  or  place,  including one- or two-family dwellings, is a
     8  public nuisance. In any action under this subdivision, evidence  of  the
     9  common  fame  and general reputation of the building, erection or place,
    10  including one- or two-family dwellings,  of  the  inmates  or  occupants
    11  thereof,  or  of those resorting thereto, shall be competent evidence to
    12  prove the existence of the public nuisance. If evidence of  the  general
    13  reputation of the building, erection or place, including one- or two-fa-
    14  mily dwellings, or of the inmates or occupants thereof, is sufficient to
    15  establish  the existence of the public nuisance, it shall be prima facie
    16  evidence of knowledge thereof and acquiescence and participation therein
    17  and responsibility for the nuisance, on the part of the owners, lessors,
    18  lessees and all those in possession of or having charge of, as agent  or
    19  otherwise,  or  having any interest in any form in the property, real or
    20  personal, used in conducting or maintaining the public nuisance. As used
    21  in this subdivision, "prostitution activity" shall only mean conduct  in
    22  violation of article two hundred thirty of the penal law on or after the
    23  effective  date of a chapter of the laws of two thousand twenty-one that
    24  amended this subdivision;
    25    § 11. Subdivision f of section 20-247 of the  administrative  code  of
    26  the city of New York is amended to read as follows:
    27    f. It shall be unlawful for any licensee to guide or direct any person
    28  to  [a  place of ill repute, house of ill fame or assignation, or to any
    29  house or place of amusement kept for immoral purposes, or to] any  place
    30  resorted  to  for  the  purpose of prostitution activity in violation of
    31  article two hundred thirty of the penal law or  gambling.  It  shall  be
    32  unlawful  for  any  such  licensee  to  impart any information as to the
    33  location or address of any such houses or  places,  or  to  solicit  the
    34  patronage  of  any  person  or  persons  for any hotel, lodging house or
    35  boarding house or place of temporary or  permanent  abode,  or  for  any
    36  place  where  refreshments are served or amusement of any type provided.
    37  As used in this subdivision, "prostitution  activity"  shall  only  mean
    38  conduct  in  violation of article two hundred thirty of the penal law on
    39  or after the effective date of a chapter of the  laws  of  two  thousand
    40  twenty-one that amended this subdivision.
    41    §  12.  This act shall take effect on the thirtieth day after it shall
    42  have become a law.
    43    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    44  sion, section or part of this act shall be adjudged by a court of compo-
    45  nent jurisdiction to be invalid, such judgment shall not affect,  impair
    46  or invalidate the remainder thereof, but shall be confined in its opera-
    47  tion  to  the  clause, sentence, paragraph, subdivision, section or part
    48  thereof directly involved in the  controversy  in  which  such  judgment
    49  shall  have been rendered. It is hereby declared to be the intent of the
    50  legislature that this act would have been enacted even if  such  invalid
    51  provisions had not been included herein.
    52    § 3. This act shall take effect immediately.
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