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
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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
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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
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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
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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:
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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
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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
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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.