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
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    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.
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    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.