Rpld S240.35 subs 1, 3 & 7, amd S265.00, Pen L; amd S102, ABC L; amd S160.10, CP L; amd S130, Exec L; amd
S74, Gen Bus L
Clarifies provisions of the penal law describing when a person is guilty of loitering by removing subdivisions that have been declared unconstitutional.
STATE OF NEW YORK
________________________________________________________________________
4593--A
2009-2010 Regular Sessions
IN SENATE
April 24, 2009
___________
Introduced by Sen. SCHNEIDERMAN -- read twice and ordered printed, and
when printed to be committed to the Committee on Codes -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the penal law, the alcoholic beverage control law, the
criminal procedure law, the executive law and the general business
law, in relation to loitering; and to repeal certain provisions of the
penal law relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 1, 3 and 7 of section 240.35 of the penal law
2 are REPEALED.
3 § 2. Paragraph (b) of subdivision 17 of section 265.00 of the penal
4 law, as amended by section 11 of chapter 635 of the laws of 1999, is
5 amended to read as follows:
6 (b) any of the following offenses defined in the penal law: illegally
7 using, carrying or possessing a pistol or other dangerous weapon;
8 possession of burglar's tools; criminal possession of stolen property in
9 the third degree; escape in the third degree; jostling; fraudulent
10 accosting; [that kind of loitering defined in subdivision three of
11 section 240.35;] endangering the welfare of a child; the offenses
12 defined in article two hundred thirty-five; issuing abortional articles;
13 permitting prostitution; promoting prostitution in the third degree;
14 stalking in the fourth degree; stalking in the third degree; the
15 offenses defined in article one hundred thirty; the offenses defined in
16 article two hundred twenty.
17 § 3. Paragraph (b) of subdivision 17 of section 265.00 of the penal
18 law, as amended by section 15 of chapter 635 of the laws of 1999, is
19 amended to read as follows:
20 (b) any of the following offenses defined in the penal law: illegally
21 using, carrying or possessing a pistol or other dangerous weapon;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00089-04-9
S. 4593--A 2
1 possession of burglar's tools; criminal possession of stolen property in
2 the third degree; escape in the third degree; jostling; fraudulent
3 accosting; [that kind of loitering defined in subdivision three of
4 section 240.35;] endangering the welfare of a child; the offenses
5 defined in article two hundred thirty-five; issuing abortional articles;
6 permitting prostitution; promoting prostitution in the third degree;
7 stalking in the third degree; stalking in the fourth degree; the
8 offenses defined in article one hundred thirty; the offenses defined in
9 article two hundred twenty.
10 § 4. Paragraph (g) of subdivision 2 of section 102 of the alcoholic
11 beverage control law, as amended by chapter 340 of the laws of 1972, is
12 amended to read as follows:
13 (g) Violating subdivisions six, [eight,] ten or eleven of section
14 seven hundred twenty-two of the former penal law as in force and effect
15 immediately prior to September first, nineteen hundred sixty-seven, or
16 violating sections 165.25[,] or 165.30 [or subdivision three of section
17 240.35] of the penal law;
18 § 5. Paragraphs (d) and (e) of subdivision 1 of section 160.10 of the
19 criminal procedure law, paragraph (d) as amended and paragraph (e) as
20 added by chapter 344 of the laws of 1976, are amended to read as
21 follows:
22 (d) [Loitering, as defined in subdivision three of section 240.35 of
23 the penal law; or
24 (e)] Loitering for the purpose of engaging in a prostitution offense
25 as defined in subdivision two of section 240.37 of the penal law.
26 § 6. Subdivision (g) of section 130 of the executive law, as amended
27 by chapter 680 of the laws of 1967, is amended to read as follows:
28 (g) violating sections two hundred seventy, two hundred seventy-a, two
29 hundred seventy-b, two hundred seventy-c, two hundred seventy-one, two
30 hundred seventy-five, two hundred seventy-six, five hundred fifty, five
31 hundred fifty-one, five hundred fifty-one-a and subdivisions six,
32 [eight,] ten or eleven of section seven hundred twenty-two of the former
33 penal law as in force and effect immediately prior to September first,
34 nineteen hundred sixty-seven, or violating sections 165.25, 165.30[,] or
35 subdivision one of section 240.30[, subdivision three of section 240.35]
36 of the penal law, or violating sections four hundred seventy-eight, four
37 hundred seventy-nine, four hundred eighty, four hundred eighty-one, four
38 hundred eighty-four, four hundred eighty-nine and four hundred ninety-
39 one of the judiciary law; or
40 § 7. Paragraph (g) of subdivision 2 of section 74 of the general busi-
41 ness law, as amended by chapter 680 of the laws of 1967, is amended to
42 read as follows:
43 (g) violating [subdivisions] subdivision six [or eight,] of section
44 seven hundred twenty-two of the former penal law as in force and effect
45 immediately prior to September first, nineteen hundred sixty-seven, or
46 violating [sections] section 165.25[,] or 165.30 [or subdivision three
47 of section 240.35] of the penal law;
48 § 8. This act shall take effect immediately.
