S T A T E O F N E W Y O R K ________________________________________________________________________ 2275 2013-2014 Regular Sessions I N A S S E M B L Y (PREFILED) January 9, 2013 ___________ Introduced by M. of A. MALLIOTAKIS -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to promoting prostitution, patronizing a prostitute and permitting prostitution; and to amend the correction law, in relation to designating permitting prostitution in the first degree as a sex offense for the purposes of the sex offender registration act THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Paragraphs (a), (b), (c) and (d) of subdivision 1 of 2 section 70.02 of the penal law, paragraph (a) as amended by chapter 320 3 of the laws of 2006, paragraph (b) as amended by chapter 148 of the laws 4 of 2011, paragraph (c) as amended by chapter 405 of the laws of 2010 and 5 paragraph (d) as amended by chapter 7 of the laws of 2007, are amended 6 to read as follows: 7 (a) Class B violent felony offenses: an attempt to commit the class 8 A-I felonies of murder in the second degree as defined in section 9 125.25, kidnapping in the first degree as defined in section 135.25, and 10 arson in the first degree as defined in section 150.20; manslaughter in 11 the first degree as defined in section 125.20, aggravated manslaughter 12 in the first degree as defined in section 125.22, rape in the first 13 degree as defined in section 130.35, criminal sexual act in the first 14 degree as defined in section 130.50, aggravated sexual abuse in the 15 first degree as defined in section 130.70, course of sexual conduct 16 against a child in the first degree as defined in section 130.75[;], 17 PROMOTING PROSTITUTION IN THE FIRST DEGREE AS DEFINED IN SECTION 230.32, 18 assault in the first degree as defined in section 120.10, kidnapping in 19 the second degree as defined in section 135.20, burglary in the first 20 degree as defined in section 140.30, arson in the second degree as 21 defined in section 150.15, robbery in the first degree as defined in EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04003-01-3 A. 2275 2 1 section 160.15, incest in the first degree as defined in section 255.27, 2 criminal possession of a weapon in the first degree as defined in 3 section 265.04, criminal use of a firearm in the first degree as defined 4 in section 265.09, criminal sale of a firearm in the first degree as 5 defined in section 265.13, aggravated assault upon a police officer or a 6 peace officer as defined in section 120.11, gang assault in the first 7 degree as defined in section 120.07, intimidating a victim or witness in 8 the first degree as defined in section 215.17, hindering prosecution of 9 terrorism in the first degree as defined in section 490.35, criminal 10 possession of a chemical weapon or biological weapon in the second 11 degree as defined in section 490.40, and criminal use of a chemical 12 weapon or biological weapon in the third degree as defined in section 13 490.47. 14 (b) Class C violent felony offenses: an attempt to commit any of the 15 class B felonies set forth in paragraph (a) of this subdivision; aggra- 16 vated criminally negligent homicide as defined in section 125.11, aggra- 17 vated manslaughter in the second degree as defined in section 125.21, 18 aggravated sexual abuse in the second degree as defined in section 19 130.67, PATRONIZING A PROSTITUTE IN THE FIRST DEGREE AS DEFINED IN 20 SECTION 230.06, PROMOTING PROSTITUTION IN THE SECOND DEGREE AS DEFINED 21 IN SUBDIVISION TWO OF SECTION 230.30, assault on a peace officer, police 22 officer, fireman or emergency medical services professional as defined 23 in section 120.08, assault on a judge as defined in section 120.09, gang 24 assault in the second degree as defined in section 120.06, strangulation 25 in the first degree as defined in section 121.13, burglary in the second 26 degree as defined in section 140.25, robbery in the second degree as 27 defined in section 160.10, criminal possession of a weapon in the second 28 degree as defined in section 265.03, criminal use of a firearm in the 29 second degree as defined in section 265.08, criminal sale of a firearm 30 in the second degree as defined in section 265.12, criminal sale of a 31 firearm with the aid of a minor as defined in section 265.14, soliciting 32 or providing support for an act of terrorism in the first degree as 33 defined in section 490.15, hindering prosecution of terrorism in the 34 second degree as defined in section 490.30, and criminal possession of a 35 chemical weapon or biological weapon in the third degree as defined in 36 section 490.37. 37 (c) Class D violent felony offenses: an attempt to commit any of the 38 class C felonies set forth in paragraph (b); reckless assault of a child 39 as defined in section 120.02, assault in the second degree as defined in 40 section 120.05, menacing a police officer or peace officer as defined in 41 section 120.18, stalking in the first degree, as defined in subdivision 42 one of section 120.60, strangulation in the second degree as defined in 43 section 121.12, rape in the second degree as defined in section 130.30, 44 criminal sexual act in the second degree as defined in section 130.45, 45 sexual abuse in the first degree as defined in section 130.65, course of 46 sexual conduct against a child in the second degree as defined in 47 section 130.80, aggravated sexual abuse in the third degree as defined 48 in section 130.66, facilitating a sex offense with a controlled 49 substance as defined in section 130.90, PATRONIZING A PROSTITUTE IN THE 50 SECOND DEGREE AS DEFINED IN SECTION 230.05, PROMOTING PROSTITUTION IN 51 THE THIRD DEGREE AS DEFINED IN SUBDIVISION TWO OF SECTION 230.25, crimi- 52 nal possession of a weapon in the third degree as defined in subdivision 53 five, six, seven or eight of section 265.02, criminal sale of a firearm 54 in the third degree as defined in section 265.11, intimidating a victim 55 or witness in the second degree as defined in section 215.16, soliciting 56 or providing support for an act of terrorism in the second degree as A. 2275 3 1 defined in section 490.10, and making a terroristic threat as defined in 2 section 490.20, falsely reporting an incident in the first degree as 3 defined in section 240.60, placing a false bomb or hazardous substance 4 in the first degree as defined in section 240.62, placing a false bomb 5 or hazardous substance in a sports stadium or arena, mass transportation 6 facility or enclosed shopping mall as defined in section 240.63, and 7 aggravated unpermitted use of indoor pyrotechnics in the first degree as 8 defined in section 405.18. 9 (d) Class E violent felony offenses: an attempt to commit any of the 10 felonies of criminal possession of a weapon in the third degree as 11 defined in subdivision five, six, seven or eight of section 265.02 as a 12 lesser included offense of that section as defined in section 220.20 of 13 the criminal procedure law, persistent sexual abuse as defined in 14 section 130.53, aggravated sexual abuse in the fourth degree as defined 15 in section 130.65-a, PATRONIZING A PROSTITUTE IN THE THIRD DEGREE AS 16 DEFINED IN SECTION 230.04, falsely reporting an incident in the second 17 degree as defined in section 240.55 and placing a false bomb or hazard- 18 ous substance in the second degree as defined in section 240.61. 19 S 2. Subdivision 5 of section 60.05 of the penal law, as amended by 20 chapter 405 of the laws of 2010, is amended to read as follows: 21 5. Certain class D felonies. Except as provided in subdivision six of 22 this section, every person convicted of the class D felonies of assault 23 in the second degree as defined in section 120.05, strangulation in the 24 second degree as defined in section 121.12 [or attempt to commit a class 25 C felony as defined in section 230.30 of this chapter,] must be 26 sentenced in accordance with section 70.00 or 85.00 of this title. 27 S 3. The closing paragraph of section 230.04 of the penal law, as 28 amended by chapter 74 of the laws of 2007, is amended to read as 29 follows: 30 Patronizing a prostitute in the third degree is a class [A misdemea- 31 nor] E FELONY. 32 S 4. The closing paragraph of section 230.05 of the penal law, as 33 added by chapter 627 of the laws of 1978, is amended to read as follows: 34 Patronizing a prostitute in the second degree is a class [E] D felony. 35 S 5. The closing paragraph of section 230.06 of the penal law, as 36 added by chapter 627 of the laws of 1978, is amended to read as follows: 37 Patronizing a prostitute in the first degree is a class [D] C felony. 38 S 6. Section 230.40 of the penal law is amended to read as follows: 39 S 230.40 Permitting prostitution IN THE SECOND DEGREE. 40 A person is guilty of permitting prostitution IN THE SECOND DEGREE 41 when, having possession or control of premises which he OR SHE knows are 42 being used for prostitution purposes, he OR SHE fails to make reasonable 43 effort to halt or abate such use. 44 Permitting prostitution IN THE SECOND DEGREE is a class [B] A misde- 45 meanor. 46 S 7. The penal law is amended by adding a new section 230.45 to read 47 as follows: 48 S 230.45 PERMITTING PROSTITUTION IN THE FIRST DEGREE. 49 A PERSON IS GUILTY OF PERMITTING PROSTITUTION IN THE FIRST DEGREE WHEN 50 HAVING POSSESSION OR CONTROL OF PREMISES WHICH HE OR SHE KNOWS ARE BEING 51 USED FOR PROSTITUTION PURPOSES INCLUDING THE PROSTITUTION OF A CHILD 52 LESS THAN SEVENTEEN YEARS OF AGE, HE OR SHE FAILS TO MAKE REASONABLE 53 EFFORT TO HALT OR ABATE SUCH USE. 54 PERMITTING PROSTITUTION IN THE FIRST DEGREE IS A CLASS E FELONY. A. 2275 4 1 S 8. Subparagraph (i) of paragraph (a) of subdivision 2 of section 2 168-a of the correction law, as amended by chapter 405 of the laws of 3 2008, is amended to read as follows: 4 (i) a conviction of or a conviction for an attempt to commit any [of 5 the provisions] PROVISION of [sections] SECTION 120.70, 130.20, 130.25, 6 130.30, 130.40, 130.45, 130.60, 230.34, 250.50, 255.25, 255.26 [and] OR 7 255.27 or article two hundred sixty-three of the penal law, or section 8 135.05, 135.10, 135.20 or 135.25 of such law relating to kidnapping 9 offenses, provided the victim of such kidnapping or related offense is 10 less than seventeen years old and the offender is not the parent of the 11 victim, or section 230.04, where the person patronized is in fact less 12 than seventeen years of age, 230.05 or 230.06, or subdivision two of 13 section 230.30 [or] section 230.32 [or], 230.33 OR 230.45 of the penal 14 law, or 15 S 9. This act shall take effect on the first of November next succeed- 16 ing the date on which it shall have become a law.