NY Prostitution Bill

S T A T E O F N E W Y O R K

________________________________________________________________________

6419 A. 8230

2019-2020 Regular Sessions

S E N A T E – A S S E M B L Y

June 10, 2019

___________

IN SENATE — Introduced by Sens. SALAZAR, RAMOS — read twice and

ordered printed, and when printed to be committed to the Committee on

Rules

IN ASSEMBLY — Introduced by M. of A. GOTTFRIED, NIOU, KIM, QUART, CRUZ

— read once and referred 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:

Section 1. This act enacts into law major components of legislation

relating to the decriminalization of certain prostitution offenses. Each

component of this act is wholly contained within a Part identified as

Parts A through C. The effective date for each particular provision

contained within such Part is set forth in the last section of such

Part. Any provision in any section contained within a Part, including

the effective date of the Part, which makes reference to a section “of

this act”, when used in connection with that particular component, shall

be deemed to mean and refer to the corresponding section of the Part in

which it is found. Section three of this act sets forth the general

effective date of this act.

EXPLANATION–Matter in ITALICS (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD13065-01-9

6419 2 A. 8230

PART A

DECRIMINALIZATION

Section 1. Section 230.00 of the penal law, as amended by chapter 169

of the laws of 1969, is amended to read as follows:

230.00 Prostitution; DEFINITIONS.

[A person is guilty of prostitution when such person engages or agrees

or offers to engage in sexual conduct with another person in return for

a fee.

Prostitution is a class B Misdemeanor]

AS USED IN THIS CHAPTER, THE FOLLOWING TERMS HAVE THE FOLLOWING MEAN-

INGS:

“PROSTITUTION” MEANS ENGAGING OR AGREEING TO ENGAGE IN SEXUAL

CONDUCT WITH ANOTHER PERSON IN RETURN FOR A FEE.

A PERSON “PATRONIZES A PERSON FOR PROSTITUTION” WHEN: (A) PURSUANT

TO A PRIOR UNDERSTANDING, THE ACTOR PAYS A FEE TO ANOTHER PERSON AS

COMPENSATION FOR SUCH OTHER PERSON OR A THIRD PERSON HAVING ENGAGED IN

SEXUAL CONDUCT WITH THE ACTOR; OR

(B) THE PERSON PAYS OR AGREES TO PAY A FEE TO ANOTHER PERSON PURSUANT

TO AN UNDERSTANDING THAT IN RETURN THEREFOR SUCH OTHER PERSON OR A THIRD

PERSON WILL ENGAGE IN SEXUAL CONDUCT WITH THE ACTOR; OR

CONDUCT WITH THE ACTOR IN RETURN FOR A FEE.

“PERSON WHO IS PATRONIZED” MEANS THE PERSON WITH WHOM THE ACTOR

ENGAGED IN SEXUAL CONDUCT OR WAS TO HAVE ENGAGED IN SEXUAL CONDUCT

PURSUANT TO THE UNDERSTANDING, OR THE PERSON WHO WAS SOLICITED OR

REQUESTED BY THE ACTOR TO ENGAGE IN SEXUAL CONDUCT.

“SCHOOL ZONE” MEANS (A) IN OR ON OR WITHIN ANY BUILDING, STRUCTURE,

ATHLETIC PLAYING FIELD, PLAYGROUND OR LAND CONTAINED WITHIN THE REAL

PROPERTY BOUNDARY LINE OF A PUBLIC OR PRIVATE ELEMENTARY, PAROCHIAL,

INTERMEDIATE, JUNIOR HIGH, VOCATIONAL, OR HIGH SCHOOL, OR (B) ANY PUBLIC

SIDEWALK, STREET, PARKING LOT, PARK, PLAYGROUND OR PRIVATE LAND, LOCATED

IMMEDIATELY ADJACENT TO THE BOUNDARY LINE OF SUCH SCHOOL.

(A) “ADVANCE PROSTITUTION.” A PERSON “ADVANCES PROSTITUTION” WHEN,

ACTING OTHER THAN AS A PERSON IN PROSTITUTION OR AS A PATRON THEREOF,

AND WITH INTENT TO CAUSE PROSTITUTION, THE ACTOR DIRECTLY ENGAGES IN

CONDUCT THAT FACILITATES AN ACT OR ENTERPRISE OF PROSTITUTION.

(B) CONDUCT BY A PERSON UNDER TWENTY-ONE YEARS OF AGE SHALL NOT

CONSTITUTE ADVANCING PROSTITUTION UNLESS THE PERSON PARTICIPATED IN

COMPULSION BY FORCE OR INTIMIDATION OR IN SEX TRAFFICKING, OR THE PERSON

WHOSE PROSTITUTION WAS ADVANCED IS UNDER SEVENTEEN YEARS OF AGE.

“PROFIT FROM PROSTITUTION.” A PERSON PROFITS FROM PROSTITUTION

WHEN, ACTING OTHER THAN AS A PERSON IN PROSTITUTION RECEIVING COMPEN-

SATION FOR PERSONALLY RENDERED PROSTITUTION SERVICES, THE ACTOR ACCEPTS

OR RECEIVES MONEY OR OTHER PROPERTY PURSUANT TO AN AGREEMENT OR UNDER-

STANDING WITH ANY PERSON WHEREBY THE ACTOR PARTICIPATES OR IS TO PARTIC-

IPATE IN THE PROCEEDS OF PROSTITUTION ACTIVITY.

2. Section 230.01 of the penal law, as amended by chapter 189 of the

laws of 2018, is amended to read as follows:

230.01 Prostitution; affirmative defense.

In any prosecution under [section 230.00,] section 230.03, section

230.19, [230.20, subdivision 2 of section 230.25,] subdivision 2 of

section 230.30, OR section 230.34-a [or subdivision two of section

240.37] of this [part] ARTICLE, it is an affirmative defense that the

defendant’s participation in the offense was a result of having been a

victim of compelling prostitution under section 230.33, a victim of sex

6419 3 A. 8230

trafficking under section 230.34 of this article, a victim of sex traf-

ficking of a child under section 230.34-a of this article or a victim of

trafficking in persons under the trafficking victims protection act

(United States Code, Title 22, Chapter 78).

3. Section 230.02 of the penal law is REPEALED.
4. Section 230.03 of the penal law, as added by chapter 191 of the

laws of 2011, subdivision 2 as amended by chapter 368 of the laws of

2015, is amended to read as follows:

230.03 Prostitution in a school zone.

[1.] A person is guilty of prostitution in a school zone when, being

nineteen years of age or older, and acting during the hours that school

is in session, [he or she] THE ACTOR commits [the crime] AN ACT of pros-

titution [in violation of section 230.00 of this article] at a place

that [he or she] THE ACTOR knows, or reasonably should know, is in a

school zone, and [he or she] THE ACTOR knows, or reasonably should know,

that such act of prostitution is within the direct view of children

attending such school.

[2. For the purposes of this section, section 230.08 and section

230.19 of this article, “school zone” means (a) in or on or within any

building, structure, athletic playing field, playground or land

contained within the real property boundary line of a public or private

elementary, parochial, intermediate, junior high, vocational, or high

school, or (b) any public sidewalk, street, parking lot, park, play-

ground or private land, located immediately adjacent to the boundary

line of such school.]

Prostitution in a school zone is a class A misdemeanor.

5. Sections 230.04, 230.05, 230.06, 230.07 and 230.08 of the penal

law, as amended by chapter 368 of the laws of 2015, are amended to read

as follows:

230.04 Patronizing a person for prostitution in the third degree.

A person is guilty of patronizing a person for prostitution in the

third degree when [he or she] THE ACTOR patronizes a person for prosti-

tution AND THE PERSON PATRONIZED IS LESS THAN EIGHTEEN YEARS OLD.

Patronizing a person for prostitution in the third degree is a class A

misdemeanor.

230.05 Patronizing a person for prostitution in the second degree.

A person is guilty of patronizing a person for prostitution in the

second degree when, being eighteen years old or more, [he or she] THE

ACTOR patronizes a person for prostitution and the person patronized is

less than fifteen years old.

Patronizing a person for prostitution in the second degree is a class

E felony.

230.06 Patronizing a person for prostitution in the first degree.

A person is guilty of patronizing a person for prostitution in the

first degree when:

[He or she] THE ACTOR patronizes a person for prostitution and the

person patronized is less than eleven years old; or

Being eighteen years old or more, [he or she] THE ACTOR patronizes

a person for prostitution and the person patronized is less than thir-

teen years old.

Patronizing a person for prostitution in the first degree is a class D

felony.

230.07 Patronizing a person for prostitution; defense.

In any prosecution for patronizing a person for prostitution in the

first [or], second OR THIRD degrees or patronizing a person for prosti-

tution in a school zone, it is a defense that the defendant did not have

6419 4 A. 8230

reasonable grounds to believe that the person was less than the age

specified.

230.08 Patronizing a person for prostitution in a school zone.

[1.] A person is guilty of patronizing a person for prostitution in a

school zone when, being twenty-one years old or more, [he or she] THE

ACTOR patronizes a person for prostitution and the person patronized is

less than eighteen years old at a place that [he or she] THE ACTOR

knows, or reasonably should know, is in a school zone.

[2. For purposes of this section, “school zone” shall mean “school

zone” as defined in subdivision two of section 230.03 of this article.]

Patronizing a person for prostitution in a school zone is a class E

felony.

6. Section 230.10 of the penal law, the section heading and the

opening paragraph as amended by chapter 368 of the laws of 2015, is

amended to read as follows:

230.10 Prostitution and patronizing a person for prostitution; no

defense.

In any prosecution for prostitution or patronizing a person for pros-

titution, the sex of [the two] ANY OF THE parties or prospective parties

to the sexual conduct engaged in, contemplated or solicited is immateri-

al[, and it is no defense that:

Such persons were of the same sex; or
The person who received, agreed to receive or solicited a fee was a

male and the person who paid or agreed or offered to pay such fee was a

female].

7. Sections 230.11, 230.12 and 230.13 of the penal law, as added by

chapter 368 of the laws of 2015, are amended to read as follows:

230.11 Aggravated patronizing a minor for prostitution in the third

degree.

A person is guilty of aggravated patronizing a minor for prostitution

in the third degree when, being twenty-one years old or more, [he or

she] THE ACTOR patronizes a person for prostitution and the person

patronized is less than seventeen years old and the person guilty of

patronizing engages in sexual intercourse, oral sexual conduct, anal

sexual conduct, or aggravated sexual conduct as those terms are defined

in section 130.00 of this part, with the person patronized.

Aggravated patronizing a minor for prostitution in the third degree is

a class E felony.

230.12 Aggravated patronizing a minor for prostitution in the second

degree.

A person is guilty of aggravated patronizing a minor for prostitution

in the second degree when, being eighteen years old or more, [he or she]

THE ACTOR patronizes a person for prostitution and the person patronized

is less than fifteen years old and the person guilty of patronizing

engages in sexual intercourse, oral sexual conduct, anal sexual conduct,

or aggravated sexual conduct as those terms are defined in section

130.00 of this part, with the person patronized.

Aggravated patronizing a minor for prostitution in the second degree

is a class D felony.

230.13 Aggravated patronizing a minor for prostitution in the first

degree.

A person is guilty of aggravated patronizing a minor for prostitution

in the first degree when [he or she] THE ACTOR patronizes a person for

prostitution and the person patronized is less than eleven years old, or

being eighteen years old or more, [he or she] THE ACTOR patronizes a

person for prostitution and the person patronized is less than thirteen

6419 5 A. 8230

years old, and the person guilty of patronizing engages in sexual inter-

course, oral sexual conduct, anal sexual conduct, or aggravated sexual

conduct as those terms are defined in section 130.00 of this part, with

the person patronized.

Aggravated patronizing a minor for prostitution in the first degree is

a class B felony.

8. Section 230.15 of the penal law is REPEALED.
9. Section 230.19 of the penal law, as added by chapter 191 of the

laws of 2011, subdivision 1 as amended by chapter 368 of the laws of

2015, is amended to read as follows:

230.19 Promoting prostitution in a school zone.

[1.] A person is guilty of promoting prostitution in a school zone

when, being nineteen years old or more, [he or she] THE ACTOR knowingly

advances or profits from prostitution that [he or she] THE ACTOR knows

or reasonably should know is or will be committed in violation of

section 230.03 of this article in a school zone during the hours that

school is in session.

[2. For purposes of this section, “school zone” shall mean “school

zone” as defined in subdivision two of section 230.03 of this article.]

Promoting prostitution in a school zone is a class E felony.

10. Sections 230.20 and 230.25 of the penal law are REPEALED.
11. Section 230.30 of the penal law, as amended by chapter 368 of

the laws of 2015, is amended to read as follows:

230.30 Promoting prostitution in the second degree.

A person is guilty of promoting prostitution in the second degree when

[he or she] THE ACTOR knowingly:

Advances prostitution by compelling a person by force or intim-

idation to engage in prostitution, or profits from such coercive conduct

by another; or

Advances or profits from prostitution of a person less than eigh-

teen years old.

Promoting prostitution in the second degree is a class C felony.

12. Section 230.32 of the penal law, as added by chapter 627 of the

laws of 1978, the opening paragraph and subdivisions 1 and 2 as amended

by chapter 368 of the laws of 2015, is amended to read as follows:

230.32 Promoting prostitution in the first degree.

A person is guilty of promoting prostitution in the first degree when

[he or she] THE ACTOR:

knowingly advances or profits from prostitution of a person less

than thirteen years old; or

being twenty-one years old or more, [he or she] THE ACTOR knowingly

advances or profits from prostitution of a person less than fifteen

years old.

Promoting prostitution in the first degree is a class B felony.

13. Section 230.33 of the penal law, as amended by chapter 368 of

the laws of 2015, is amended to read as follows:

230.33 Compelling prostitution.

A person is guilty of compelling prostitution when, being eighteen

years old or more, [he or she] THE ACTOR knowingly advances prostitution

by compelling a person less than eighteen years old, by force or intim-

idation, to engage in prostitution.

Compelling prostitution is a class B felony.

14. The opening paragraph of section 230.34 of the penal law, as

added by chapter 74 of the laws of 2007, is amended to read as follows:

A person is guilty of sex trafficking if [he or she] THE ACTOR inten-

tionally advances or profits from prostitution by:

6419 6 A. 8230

15. Section 230.34-a of the penal law, as added by chapter 189 of

the laws of 2018, is amended to read as follows:

230.34-a Sex trafficking of a child.

[1.] A person is guilty of sex trafficking of a child when [he or she]

THE ACTOR, being twenty-one years old or more, intentionally advances or

profits from prostitution of another person and such person is a child

less than eighteen years old. Knowledge by the defendant of the age of

such child is not an element of this offense and it is not a defense to

a prosecution therefor that the defendant did not know the age of the

child or believed such age to be eighteen or over.

[2. For purposes of this section:

(a) A person “advances prostitution” when, acting other than as a

person in prostitution or as a patron thereof, and with intent to cause

prostitution, he or she directly engages in conduct that facilitates an

act or enterprise of prostitution.

(b) A person “profits from prostitution” when, acting other than as a

person in prostitution receiving compensation for personally rendered

prostitution services, and with intent to facilitate prostitution, he or

she accepts or receives money or other property pursuant to an agreement

or understanding with any person whereby he or she participates in the

proceeds of prostitution activity.]

Sex trafficking of a child is a class B felony.

16. Section 230.35 of the penal law, as amended by chapter 368 of

the laws of 2015, is amended to read as follows:

230.35 Promoting or compelling prostitution; accomplice.

In a prosecution for promoting prostitution or compelling prostitu-

tion, a person [less than eighteen years old] from whose prostitution

activity another person is alleged to have advanced or attempted to

advance or profited or attempted to profit shall not be deemed to be an

accomplice.

17. Section 230.40 of the penal law, the opening paragraph as

amended by chapter 368 of the laws of 2015, is amended to read as

follows:

230.40 Permitting prostitution.

A person is guilty of permitting prostitution when, having possession

or control of premises or vehicle which [he or she] THE ACTOR knows are

being used for prostitution purposes or for the purpose of advancing

prostitution, [he or she] IN VIOLATION OF THIS ARTICLE, THE ACTOR fails

to make reasonable effort to halt or abate such use.

Permitting prostitution is a class B misdemeanor.

18. Section 240.37 of the penal law is REPEALED.
19. This act shall take effect on the thirtieth day after it shall

have become a law.

PART B

ELIMINATING PRIOR CRIMINAL RECORDS AND OTHER RELATED PROVISIONS

Section 1. Subdivision 3 of section 160.50 of the criminal procedure

law is amended by adding a new paragraph (m) to read as follows:

(M) THE ACCUSATORY INSTRUMENT ALLEGED A VIOLATION OF ARTICLE TWO

HUNDRED THIRTY OR SECTION 240.37 OF THE PENAL LAW, AS IN EFFECT PRIOR TO

THE EFFECTIVE DATE OF THIS PARAGRAPH, AND THE ACCUSATORY INSTRUMENT,

INITIALLY OR AS AMENDED, DOES NOT ALLEGE CONDUCT THAT IS AN OFFENSE

UNDER LAW IN EFFECT ON AND AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH.

NO DEFENDANT SHALL BE REQUIRED OR PERMITTED TO WAIVE ELIGIBILITY FOR

SEALING PURSUANT TO THIS PARAGRAPH AS PART OF A PLEA OF GUILTY, A

6419 7 A. 8230

SENTENCE OR ANY AGREEMENT RELATED TO A CONVICTION OR OTHER DISPOSITION.

ANY SUCH WAIVER SHALL BE DEEMED VOID AND WHOLLY UNENFORCEABLE.

2. Section 160.50 of the criminal procedure law is amended by adding

a new subdivision 5 to read as follows:

A PERSON IN WHOSE FAVOR A CRIMINAL ACTION OR PROCEEDING WAS TERMI-

NATED, AS DEFINED IN PARAGRAPH (M) OF SUBDIVISION THREE OF THIS SECTION,

MAY UPON MOTION APPLY TO THE COURT IN WHICH SUCH TERMINATION OCCURRED,

UPON NOT LESS THAN TWENTY DAYS NOTICE TO THE DISTRICT ATTORNEY, FOR AN

ORDER GRANTING TO SUCH PERSON THE RELIEF SET FORTH IN SUBDIVISION ONE OF

THIS SECTION, AND SUCH ORDER SHALL BE GRANTED UNLESS THE DISTRICT ATTOR-

NEY DEMONSTRATES TO THE SATISFACTION OF THE COURT THAT THE INTERESTS OF

JUSTICE REQUIRE OTHERWISE.

3. Paragraph (j) of subdivision 1 of section 440.10 of the criminal

procedure law, as amended by section 2 of part MMM of chapter 59 of the

laws of 2019, is amended and a new subdivision (k) is added to read as

follows:

(j) The judgment is a conviction for a class A or unclassified misde-

meanor entered prior to the effective date of this paragraph and satis-

fies the ground prescribed in paragraph (h) of this subdivision. There

shall be a rebuttable presumption that a conviction by plea to such an

offense was not knowing, voluntary and intelligent, based on ongoing

collateral consequences, including potential or actual immigration

consequences, and there shall be a rebuttable presumption that a

conviction by verdict constitutes cruel and unusual punishment under

section five of article one of the state constitution based on such

consequences[.]; OR

(K) THE JUDGMENT IS A CONVICTION FOR A VIOLATION OF ARTICLE TWO

HUNDRED THIRTY OR SECTION 240.37 OF THE PENAL LAW, AS IN EFFECT PRIOR TO

THE EFFECTIVE DATE OF THIS PARAGRAPH, PROVIDED THAT THE COURT SHALL

DECLINE TO VACATE ANY PORTION OF THE JUDGMENT OF CONVICTION THAT IS FOR

CONDUCT THAT IS AN OFFENSE UNDER LAW IN EFFECT AT THE TIME OF THE

CONDUCT AND ON AND AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH.

4. Section 440.10 of the criminal procedure law is amended by adding

a new subdivision 6-a to read as follows:

6-A. IF THE COURT GRANTS A MOTION UNDER PARAGRAPH (K) OF SUBDIVISION

ONE OF THIS SECTION, IT MUST VACATE THE JUDGMENT AND DISMISS THE ACCUSA-

TORY INSTRUMENT, TO THE EXTENT IT HAS VACATED THE JUDGMENT, AND MAY TAKE

SUCH ADDITIONAL ACTION AS IS APPROPRIATE IN THE CIRCUMSTANCES.

5. Subdivision 5 of section 1310 of the civil practice law and

rules, as added by chapter 669 of the laws of 1984, is amended to read

as follows:

“Post-conviction forfeiture crime” means any felony defined in the

penal law or any other chapter of the consolidated laws of the state.

HOWEVER, THIS SHALL NOT INCLUDE ANY FELONY UNDER ARTICLE TWO HUNDRED

THIRTY OF THE PENAL LAW IN EFFECT PRIOR TO THE EFFECTIVE DATE OF A CHAP-

TER OF THE LAWS OF TWO THOUSAND NINETEEN WHICH AMENDED THIS SUBDIVISION,

UNLESS IT WAS ALSO A FELONY UNDER THAT ARTICLE ON OR AFTER THAT DATE.

6. Section 60.47 of the criminal procedure law is REPEALED.
7. Paragraphs (c) and (d) of subdivision 1 of section 160.10 of the

criminal procedure law, paragraph (c) as amended by chapter 762 of the

laws of 1971 and paragraph (d) as amended by chapter 232 of the laws of

2010, are amended to read as follows:

a felony if such person had a previous judgment of conviction for a

crime[; or

6419 8 A. 8230

(d) Loitering for the purpose of engaging in a prostitution offense as

defined in subdivision two of section 240.37 of the penal law].

8. Subdivision 4 of section 170.30 of the criminal procedure law is

REPEALED.

9. Section 170.80 of the criminal procedure law is REPEALED.
10. Subdivision 2 of section 420.35 of the criminal procedure law,

as amended by chapter 189 of the laws of 2018, is amended to read as

follows:

Under no circumstances shall the mandatory surcharge, sex offender

registration fee, DNA databank fee or the crime victim assistance fee be

waived provided, however, that a court may waive the crime victim

assistance fee if such defendant is an eligible youth as defined in

subdivision two of section 720.10 of this chapter, and the imposition of

such fee would work an unreasonable hardship on the defendant, his or

her immediate family, or any other person who is dependent on such

defendant for financial support. A court shall waive any mandatory

surcharge, DNA databank fee and crime victim assistance fee when: (i)

the defendant is convicted of [loitering for the purpose of engaging in

prostitution under section 240.37 of the penal law (provided that the

defendant was not convicted of loitering for the purpose of patronizing

a person for prostitution); (ii) the defendant is convicted of prostitu-

tion under section 230.00 of the penal law; (iii) the defendant is

convicted of a violation in the event such conviction is in lieu of a

plea to or conviction for loitering for the purpose of engaging in pros-

titution under section 240.37 of the penal law (provided that the

defendant was not alleged to be loitering for the purpose of patronizing

a person for prostitution) or prostitution under section 230.00 of the

penal law;] A VIOLATION OF ARTICLE TWO HUNDRED THIRTY OR SECTION 240.37

OF THE PENAL LAW, AS IN EFFECT PRIOR TO THE EFFECTIVE DATE OF A CHAPTER

OF THE LAWS OF TWO THOUSAND NINETEEN WHICH AMENDED THIS SUBDIVISION,

UNLESS THE VIOLATION IS AN OFFENSE UNDER LAW IN EFFECT ON AND AFTER THAT

EFFECTIVE DATE or [(iv)] (II) the court finds that a defendant is a

victim of sex trafficking under section 230.34 of the penal law, SEX

TRAFFICKING OF A CHILD UNDER SECTION 230.34-A OF THE PENAL LAW, or [a

victim of] trafficking in persons under the trafficking victims

protection act (United States Code, Title 22, Chapter 78)[; or (v) the

court finds that the defendant is a victim of sex trafficking of a child

under section 230.34-a of the penal law].

11. Subdivision 4 of section 720.15 of the criminal procedure law is

REPEALED.

12. Subdivision 1 of section 720.35 of the criminal procedure law,

as amended by chapter 402 of the laws of 2014, is amended to read as

follows:

A youthful offender adjudication is not a judgment of conviction

for a crime or any other offense, and does not operate as a disquali-

fication of any person so adjudged to hold public office or public

employment or to receive any license granted by public authority but

shall be deemed a conviction only for the purposes of transfer of super-

vision and custody pursuant to section two hundred fifty-nine-m of the

executive law. [A defendant for whom a youthful offender adjudication

was substituted, who was originally charged with prostitution as defined

in section 230.00 of the penal law or loitering for the purposes of

prostitution as defined in subdivision two of section 240.37 of the

penal law provided that the person does not stand charged with loitering

for the purpose of patronizing a prostitute, for an offense allegedly

committed when he or she was sixteen or seventeen years of age, shall be

6419 9 A. 8230

deemed a “sexually exploited child” as defined in subdivision one of

section four hundred forty-seven-a of the social services law and there-

fore shall not be considered an adult for purposes related to the charg-

es in the youthful offender proceeding or a proceeding under section

170.80 of this chapter.]

13. Paragraphs (c) and (d) of subdivision 1 of section 447-a of the

social services law, as amended by chapter 189 of the laws of 2018, are

amended to read as follows:

section 230.33 of the penal law; OR

(d) engages in acts or conduct described in article two hundred

sixty-three [or section 240.37] of the penal law.

14. The third undesignated paragraph of subdivision a of section

3-118 of the administrative code of the city of New York, as amended by

chapter 189 of the laws of 2018, is amended to read as follows:

Sexually exploited youth. The term “sexually exploited youth” means

persons under the age of 18 who have been subject to sexual exploitation

because they (a) are the victim of the crime of sex trafficking as

defined in section 230.34 of the penal law; (b) engage in any act as

defined in section 230.00 of the penal law; (c) are a victim of the

crime of compelling prostitution as defined in section 230.33 of the

penal law; (d) are a victim of the crime of sex trafficking of a child

as defined in section 230.34-a of the penal law; or (e) engage in acts

or conduct described in article 263 [or section 240.37] of the penal

law. The term shall also mean persons under the age of 18 who have been

subject to incest in the third degree, second degree or first degree, as

defined in sections 255.25, 255.26, and 255.27 of the penal law, respec-

tively, or any of the sex offenses enumerated in article 130 of the

penal law.

15. The office of court administration shall establish and make

available all necessary forms for proceedings under this act no later

than sixty days following the effective date of this section.

16. This act shall take effect on the thirtieth day after it shall

have become a law.

PART C

OTHER CONFORMING CHANGES

Section 1. Subdivision 1 of section 12 of the multiple dwelling law is

amended to read as follows:

It shall be unlawful to use any multiple dwelling or any part of

the lot or premises thereof for the purpose of CRIMINAL CONDUCT RELATED

TO prostitution [or assignation of any description] UNDER ARTICLE TWO

HUNDRED THIRTY OF THE PENAL LAW. THIS SUBDIVISION SHALL ONLY APPLY TO

CONDUCT INVOLVING PROSTITUTION ACTIVITY IN VIOLATION OF ARTICLE TWO

HUNDRED THIRTY OF THE PENAL LAW ON OR AFTER THE EFFECTIVE DATE OF A

CHAPTER OF THE LAWS OF TWO THOUSAND NINETEEN THAT AMENDED THIS SUBDIVI-

SION.

2. Sections 351 and 352 of the multiple dwelling law, section 352 as

amended by chapter 310 of the laws of 1962, are amended to read as

follows:

351. Lien. A multiple dwelling shall be subject to a penalty of one

thousand dollars if it or any part of it shall be used as a house of

prostitution [or assignation] IN VIOLATION OF ARTICLE TWO HUNDRED THIRTY

OF THE PENAL LAW with the permission of the owner, and such penalty

shall be a lien upon the dwelling and lot upon which it is situated.

6419 10 A. 8230

THIS SECTION SHALL ONLY APPLY TO CONDUCT INVOLVING PROSTITUTION ACTIVITY

IN VIOLATION OF ARTICLE TWO HUNDRED THIRTY OF THE PENAL LAW ON OR AFTER

THE EFFECTIVE DATE OF A CHAPTER OF THE LAWS OF TWO THOUSAND NINETEEN

THAT AMENDED THIS SECTION.

352. Recovery of premises. If a multiple dwelling, or any part

thereof, shall be used as a house of prostitution [or assignation] IN

VIOLATION OF ARTICLE TWO HUNDRED THIRTY OF THE PENAL LAW with the

permission of the lessee or [his] THE LESSEE’S agent, the lease shall be

terminable at the election of the lessor, and the owner shall be enti-

tled to recover possession of said premises by summary proceedings.

THIS SECTION SHALL ONLY APPLY TO CONDUCT INVOLVING PROSTITUTION ACTIVITY

IN VIOLATION OF ARTICLE TWO HUNDRED THIRTY OF THE PENAL LAW ON OR AFTER

THE EFFECTIVE DATE OF A CHAPTER OF THE LAWS OF TWO THOUSAND NINETEEN

THAT AMENDED THIS SECTION.

3. Section 2320 of the public health law is amended to read as

follows:

2320. Houses of prostitution; equipment; nuisance. 1. Whoever shall

erect, establish, continue, maintain, use, own, or lease any building,

erection, or place used for the purpose of [lewdness, assignation, or]

prostitution ACTIVITY IN VIOLATION OF ARTICLE TWO HUNDRED THIRTY OF THE

PENAL LAW is guilty of maintaining a nuisance.

The building, erection, or place, or the ground itself, in or upon

which any [lewdness, assignation, or] prostitution ACTIVITY IN VIOLATION

OF ARTICLE TWO HUNDRED THIRTY OF THE PENAL LAW is conducted, permitted,

or carried on, continued, or exists, and the furniture, fixtures,

musical instruments, and movable property used in conducting or main-

taining such nuisance, are hereby declared to be a nuisance and shall be

enjoined and abated as hereafter provided.

THIS ARTICLE SHALL ONLY APPLY TO CONDUCT INVOLVING PROSTITUTION

ACTIVITY IN VIOLATION OF ARTICLE TWO HUNDRED THIRTY OF THE PENAL LAW ON

OR AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION.

4. Subdivision 5 of section 711 of the real property actions and

proceedings law, as added by section 312 of the laws of 1962, is amended

to read as follows:

The premises, or any part thereof, are used or occupied [as a

bawdy-house, or house or place of assignation for lewd persons, or] for

purposes of prostitution ACTIVITY IN VIOLATION OF ARTICLE TWO HUNDRED

THIRTY OF THE PENAL LAW, or for any illegal trade or manufacture, or

other illegal business. AS USED IN THIS SUBDIVISION, “PROSTITUTION

ACTIVITY” SHALL ONLY MEAN CONDUCT IN VIOLATION OF ARTICLE TWO HUNDRED

THIRTY OF THE PENAL LAW ON OR AFTER THE EFFECTIVE DATE OF A CHAPTER OF

THE LAWS OF TWO THOUSAND NINETEEN THAT AMENDED THIS SUBDIVISION.

5. Subdivisions 1 and 2 of section 715 of the real property actions

and proceedings law, subdivision 1 as amended by chapter 555 of the laws

of 1978, subdivision 2 as amended by chapter 368 of the laws of 2015,

are amended to read as follows:

An owner or tenant, including a tenant of one or more rooms of an

apartment house, tenement house or multiple dwelling, of any premises

within two hundred feet from other demised real property [used or occu-

pied in whole or in part as a bawdy-house, or house or place of assigna-

tion for lewd persons, or] for purposes of prostitution ACTIVITY IN

VIOLATION OF ARTICLE TWO HUNDRED THIRTY OF THE PENAL LAW, or for any

illegal trade, business or manufacture, or any domestic corporation

organized for the suppression of vice, subject to or which submits to

visitation by the state department of social services and possesses a

certificate from such department of such fact and of conformity with

6419 11 A. 8230

regulations of the department, or any duly authorized enforcement agency

of the state or of a subdivision thereof, under a duty to enforce the

provisions of the penal law or of any state or local law, ordinance,

code, rule or regulation relating to buildings, may serve personally

upon the owner or landlord of the premises so used or occupied, or upon

[his] THE LESSEE’S agent, a written notice requiring the owner or land-

lord to make an application for the removal of the person so using or

occupying the same. If the owner or landlord or [his] THE LESSEE’S agent

does not make such application within five days thereafter; or, having

made it, does not in good faith diligently prosecute it, the person,

corporation or enforcement agency giving the notice may bring a proceed-

ing under this article for such removal as though the petitioner were

the owner or landlord of the premises, and shall have precedence over

any similar proceeding thereafter brought by such owner or landlord or

to one theretofore brought by [him] SUCH OWNER OR LANDLORD and not pros-

ecuted diligently and in good faith. [Proof of the ill repute of the

demised premises or of the inmates thereof or of those resorting thereto

shall constitute presumptive evidence of the unlawful use of the demised

premises required to be stated in the petition for removal.] Both the

person in possession of the property and the owner or landlord shall be

made respondents in the proceeding. AS USED IN THIS SUBDIVISION, “PROS-

TITUTION ACTIVITY” SHALL ONLY MEAN CONDUCT IN VIOLATION OF ARTICLE TWO

HUNDRED THIRTY OF THE PENAL LAW ON OR AFTER THE EFFECTIVE DATE OF A

CHAPTER OF THE LAWS OF TWO THOUSAND NINETEEN THAT AMENDED THIS SUBDIVI-

SION.

For purposes of this section, two or more convictions of any person

or persons had, within a period of one year, for any of the offenses

described in section [230.00,] 230.05, 230.06, 230.11, 230.12, 230.13,

[230.20, 230.25,] 230.30, 230.32 or 230.40 of the penal law arising out

of conduct engaged in at the same real property consisting of a dwelling

as that term is defined in subdivision four of section four of the

multiple dwelling law shall be presumptive evidence of conduct consti-

tuting use of the premises for purposes of prostitution. HOWEVER, THIS

SUBDIVISION SHALL ONLY APPLY TO AN OFFENSE UNDER ARTICLE TWO HUNDRED

THIRTY OF THE PENAL LAW IN EFFECT ON OR AFTER THE EFFECTIVE DATE OF A

CHAPTER OF LAWS OF TWO THOUSAND NINETEEN THAT AMENDED THIS SUBDIVISION.

6. Subdivision 3 of section 231 of the real property law, as amended

by chapter 368 of the laws of 2015, is amended to read as follows:

For the purposes of this section, two or more convictions of any

person or persons had, within a period of one year, for any of the

offenses described in section [230.00,] 230.05, 230.06, 230.11, 230.12,

230.13, [230.20, 230.25,] 230.30, 230.32 or 230.40 of the penal law

arising out of conduct engaged in at the same premises consisting of a

dwelling as that term is defined in subdivision four of section four of

the multiple dwelling law shall be presumptive evidence of unlawful use

of such premises and of the owners knowledge of the same. HOWEVER, THIS

SUBDIVISION SHALL ONLY APPLY TO AN OFFENSE UNDER ARTICLE TWO HUNDRED

THIRTY OF THE PENAL LAW IN EFFECT ON OR AFTER THE EFFECTIVE DATE OF A

CHAPTER OF THE LAWS OF TWO THOUSAND NINETEEN THAT AMENDED THIS SUBDIVI-

SION.

7. Paragraph 3 of subdivision b of section 233 of the real property

law, as added by chapter 566 of the laws of 1996, is amended to read as

follows:

The premises, or any part thereof, are used or occupied [as a

bawdy-house, or house or place of assignation for lewd purposes or] for

purposes of prostitution ACTIVITY IN VIOLATION OF ARTICLE TWO HUNDRED

6419 12 A. 8230

THIRTY OF THE PENAL LAW, or for any illegal trade or business. AS USED

IN THIS PARAGRAPH, “PROSTITUTION ACTIVITY” SHALL ONLY MEAN CONDUCT IN

VIOLATION OF ARTICLE TWO HUNDRED THIRTY OF THE PENAL LAW ON OR AFTER THE

EFFECTIVE DATE OF A CHAPTER OF THE LAWS OF TWO THOUSAND NINETEEN THAT

AMENDED THIS PARAGRAPH.

8. Paragraphs (b) and (c) of subdivision 4 of section 509-cc of the

vehicle and traffic law, paragraph (b) as amended by chapter 400 of the

laws of 2011, paragraph (c) as amended by chapter 368 of the laws of

2015, are amended to read as follows:

(b) The offenses referred to in subparagraph (ii) of paragraph (a) of

subdivision one and paragraph (b) of subdivision two of this section

that result in permanent disqualification shall include a conviction

under sections 100.13, 105.15, 105.17, 115.08, 120.12, 120.70, 125.10,

125.11, 130.40, 130.53, 130.60, 130.65-a, 135.20, 160.15, 220.18,

220.21, 220.39, 220.41, 220.43, 220.44, [230.25,] 260.00, 265.04 of the

penal law or an attempt to commit any of the aforesaid offenses under

section 110.00 of the penal law, or any offenses committed under a

former section of the penal law which would constitute violations of the

aforesaid sections of the penal law, or any offenses committed outside

this state which would constitute violations of the aforesaid sections

of the penal law.

subdivision one and subparagraph (i) of paragraph (c) of subdivision two

of this section that result in disqualification for a period of five

years shall include a conviction under sections 100.10, 105.13, 115.05,

120.03, 120.04, 120.04-a, 120.05, 120.10, 120.25, 121.12, 121.13,

[125.40, 125.45,] 130.20, 130.25, 130.52, 130.55, 135.10, 135.55,

140.17, 140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06,

220.09, 220.16, 220.31, 220.34, 220.60, 220.65, 221.30, 221.50, 221.55,

[230.00,] 230.05, 230.06, 230.11, 230.12, 230.13, 230.19, [230.20,]

235.05, 235.06, 235.07, 235.21, 240.06, 245.00, 260.10, subdivision two

of section 260.20 and sections 260.25, 265.02, 265.03, 265.08, 265.09,

265.10, 265.12, 265.35 of the penal law or an attempt to commit any of

the aforesaid offenses under section 110.00 of the penal law, or any

similar offenses committed under a former section of the penal law, or

any offenses committed under a former section of the penal law which

would constitute violations of the aforesaid sections of the penal law,

or any offenses committed outside this state which would constitute

violations of the aforesaid sections of the penal law.

9. Subdivisions 1 and 2 of section 510-d of the vehicle and traffic

law, as amended by chapter 189 of the laws of 2018, are amended to read

as follows:

A class E driver’s license shall be suspended by the commissioner

for a period of one year where the holder is convicted of a violation of

section [230.20, 230.25,] 230.30, 230.32, 230.34, 230.34-a or 230.40 of

the penal law and the holder used a for hire motor vehicle to commit

such crime.

A class E driver’s license may be revoked by the commissioner when

the holder, who had his or her driver’s license suspended under subdivi-

sion one of this section within the last ten years, is convicted of a

second violation of section [230.20, 230.25,] 230.30, 230.32, 230.34,

230.34-a or 230.40 of the penal law and the holder used a for hire motor

vehicle to commit such crime.

10. Subdivision (a) of section 7-703 of the administrative code of

the city of New York is amended to read as follows:

6419 13 A. 8230

(a) Any building, erection or place, including one- or two-family

dwellings, used for the purpose of prostitution [as defined in section

230.00] ACTIVITY IN VIOLATION OF ARTICLE TWO HUNDRED THIRTY of the penal

law. Two or more criminal convictions of persons for [acts of] prostitu-

tion ACTIVITY IN VIOLATION OF ARTICLE TWO HUNDRED THIRTY OF THE PENAL

LAW in the building, erection or place, including one- or two-family

dwellings, within the one-year period preceding the commencement of an

action under this chapter, shall be presumptive evidence that the build-

ing, erection or place, including one- or two-family dwellings, is a

public nuisance. In any action under this subdivision, evidence of the

common fame and general reputation of the building, erection or place,

including one- or two-family dwellings, of the inmates or occupants

thereof, or of those resorting thereto, shall be competent evidence to

prove the existence of the public nuisance. If evidence of the general

reputation of the building, erection or place, including one- or two-fa-

mily dwellings, or of the inmates or occupants thereof, is sufficient to

establish the existence of the public nuisance, it shall be prima facie

evidence of knowledge thereof and acquiescence and participation therein

and responsibility for the nuisance, on the part of the owners, lessors,

lessees and all those in possession of or having charge of, as agent or

otherwise, or having any interest in any form in the property, real or

personal, used in conducting or maintaining the public nuisance. AS USED

IN THIS SUBDIVISION, “PROSTITUTION ACTIVITY” SHALL ONLY MEAN CONDUCT IN

VIOLATION OF ARTICLE TWO HUNDRED THIRTY OF THE PENAL LAW ON OR AFTER THE

EFFECTIVE DATE OF A CHAPTER OF THE LAWS OF TWO THOUSAND NINETEEN THAT

AMENDED THIS SUBDIVISION;

11. Subdivision f of section 20-247 of the administrative code of

the city of New York is amended to read as follows:

It shall be unlawful for any licensee to guide or direct any person

to [a place of ill repute, house of ill fame or assignation, or to any

house or place of amusement kept for immoral purposes, or to] any place

resorted to for the purpose of prostitution ACTIVITY IN VIOLATION OF

ARTICLE TWO HUNDRED THIRTY OF THE PENAL LAW or gambling. It shall be

unlawful for any such licensee to impart any information as to the

location or address of any such houses or places, or to solicit the

patronage of any person or persons for any hotel, lodging house or

boarding house or place of temporary or permanent abode, or for any

place where refreshments are served or amusement of any type provided.

AS USED IN THIS SUBDIVISION, “PROSTITUTION ACTIVITY” SHALL ONLY MEAN

CONDUCT IN VIOLATION OF ARTICLE TWO HUNDRED THIRTY OF THE PENAL LAW ON

OR AFTER THE EFFECTIVE DATE OF A CHAPTER OF THE LAWS OF TWO THOUSAND

NINETEEN THAT AMENDED THIS SUBDIVISION.

12. This act shall take effect on the thirtieth day after it shall

have become a law.

2. Severability clause. If any clause, sentence, paragraph, subdivi-

sion, section or part of this act shall be adjudged by a court of compo-

nent jurisdiction to be invalid, such judgment shall not affect, impair

or invalidate the remainder thereof, but shall be confined in its opera-

tion to the clause, sentence, paragraph, subdivision, section or part

thereof directly involved in the controversy in which such judgment

shall have been rendered. It is hereby declared to be the intent of the

legislature that this act would have been enacted even if such invalid

provisions had not been included herein.

3. This act shall take effect immediately.

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