STATE OF NEW YORK ________________________________________________________________________ 4396 2023-2024 Regular Sessions IN SENATE February 8, 2023 ___________ Introduced by Sens. SALAZAR, BRISPORT, CLEARE, GONZALEZ, 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 and the civil practice law and rules, 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. LBD00381-03-3
S. 4396 2 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 23 of the 46 laws of 2021, 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, [section 230.20, subdivision 2 of section 230.25,] subdivision 2 50 of section 230.30 or section 230.34-a of this article, it is an affirma- 51 tive defense that the defendant's participation in the offense was a 52 result of having been a victim of compelling prostitution under section 53 230.33 of this article, a victim of sex trafficking under section 230.34 54 of this article, a victim of sex trafficking of a child under section 55 230.34-a of this article or a victim of trafficking in persons under the
S. 4396 3 1 trafficking victims protection act (United States Code, Title 22, Chap- 2 ter 78). 3 § 3. Section 230.02 of the penal law is REPEALED. 4 § 4. Section 230.03 of the penal law is REPEALED. 5 § 5. Sections 230.04, 230.05, 230.06, 230.07 and 230.08 of the penal 6 law, sections 230.04, 230.05, 230.06 and 230.07 as amended and section 7 230.08 as added by chapter 368 of the laws of 2015, are amended to read 8 as follows: 9 § 230.04 Patronizing a person for prostitution in the third degree. 10 A person is guilty of patronizing a person for prostitution in the 11 third degree when [he or she] the actor patronizes a person for prosti- 12 tution and the person patronized is less than eighteen years old. 13 Patronizing a person for prostitution in the third degree is a class A 14 misdemeanor. 15 § 230.05 Patronizing a person for prostitution in the second degree. 16 A person is guilty of patronizing a person for prostitution in the 17 second degree when, being eighteen years old or more, [he or she] the 18 actor patronizes a person for prostitution and the person patronized is 19 less than fifteen years old. 20 Patronizing a person for prostitution in the second degree is a class 21 E felony. 22 § 230.06 Patronizing a person for prostitution in the first degree. 23 A person is guilty of patronizing a person for prostitution in the 24 first degree when: 25 1. [He or she] The actor patronizes a person for prostitution and the 26 person patronized is less than eleven years old; or 27 2. Being eighteen years old or more, [he or she] the actor patronizes 28 a person for prostitution and the person patronized is less than thir- 29 teen years old. 30 Patronizing a person for prostitution in the first degree is a class D 31 felony. 32 § 230.07 Patronizing a person for prostitution; defense. 33 In any prosecution for patronizing a person for prostitution in the 34 first [or], second or third degrees or patronizing a person for prosti- 35 tution in a school zone, it is a defense that the defendant did not have 36 reasonable grounds to believe that the person was less than the age 37 specified. 38 § 230.08 Patronizing a person for prostitution in a school zone. 39 [1.] A person is guilty of patronizing a person for prostitution in a 40 school zone when, being twenty-one years old or more, [he or she] the 41 actor patronizes a person for prostitution and the person patronized is 42 less than eighteen years old at a place that [he or she] the actor 43 knows, or reasonably should know, is in a school zone. 44 [2. For purposes of this section, "school zone" shall mean "school 45 zone" as defined in subdivision two of section 230.03 of this article.] 46 Patronizing a person for prostitution in a school zone is a class E 47 felony. 48 § 6. Section 230.10 of the penal law, the section heading and the 49 opening paragraph as amended by chapter 368 of the laws of 2015, is 50 amended to read as follows: 51 § 230.10 Prostitution and patronizing a person for prostitution; no 52 defense. 53 In any prosecution for prostitution or patronizing a person for pros- 54 titution, the sex of [the two] any of the parties or prospective parties 55 to the sexual conduct engaged in, contemplated or solicited is immateri- 56 al[, and it is no defense that:
S. 4396 4 1 1. Such persons were of the same sex; or 2 2. The person who received, agreed to receive or solicited a fee was a 3 male and the person who paid or agreed or offered to pay such fee was a 4 female]. 5 § 7. Sections 230.11, 230.12 and 230.13 of the penal law, as added by 6 chapter 368 of the laws of 2015, are amended to read as follows: 7 § 230.11 Aggravated patronizing a minor for prostitution in the third 8 degree. 9 A person is guilty of aggravated patronizing a minor for prostitution 10 in the third degree when, being twenty-one years old or more, [he or 11 she] the actor patronizes a person for prostitution and the person 12 patronized is less than seventeen years old and the person guilty of 13 patronizing engages in sexual intercourse, oral sexual conduct, anal 14 sexual conduct, or aggravated sexual conduct as those terms are defined 15 in section 130.00 of this part, with the person patronized. 16 Aggravated patronizing a minor for prostitution in the third degree is 17 a class E felony. 18 § 230.12 Aggravated patronizing a minor for prostitution in the second 19 degree. 20 A person is guilty of aggravated patronizing a minor for prostitution 21 in the second degree when, being eighteen years old or more, [he or she] 22 the actor patronizes a person for prostitution and the person patronized 23 is less than fifteen years old and the person guilty of patronizing 24 engages in sexual intercourse, oral sexual conduct, anal sexual conduct, 25 or aggravated sexual conduct as those terms are defined in section 26 130.00 of this part, with the person patronized. 27 Aggravated patronizing a minor for prostitution in the second degree 28 is a class D felony. 29 § 230.13 Aggravated patronizing a minor for prostitution in the first 30 degree. 31 A person is guilty of aggravated patronizing a minor for prostitution 32 in the first degree when [he or she] the actor patronizes a person for 33 prostitution and the person patronized is less than eleven years old, or 34 being eighteen years old or more, [he or she] the actor patronizes a 35 person for prostitution and the person patronized is less than thirteen 36 years old, and the person guilty of patronizing engages in sexual inter- 37 course, oral sexual conduct, anal sexual conduct, or aggravated sexual 38 conduct as those terms are defined in section 130.00 of this part, with 39 the person patronized. 40 Aggravated patronizing a minor for prostitution in the first degree is 41 a class B felony. 42 § 8. Section 230.15 of the penal law is REPEALED. 43 § 9. Section 230.19 of the penal law, as added by chapter 191 of the 44 laws of 2011, subdivision 1 as amended by chapter 368 of the laws of 45 2015, is amended to read as follows: 46 § 230.19 Promoting prostitution in a school zone. 47 [1.] A person is guilty of promoting prostitution in a school zone 48 when, being nineteen years old or more, [he or she] the actor knowingly 49 advances or profits from prostitution that [he or she] the actor knows 50 or reasonably should know is or will be committed [in violation of 51 section 230.03 of this article] in a school zone during the hours that 52 school is in session. 53 [2. For purposes of this section, "school zone" shall mean "school 54 zone" as defined in subdivision two of section 230.03 of this article.] 55 Promoting prostitution in a school zone is a class E felony. 56 § 10. Sections 230.20 and 230.25 of the penal law are REPEALED.
S. 4396 5 1 § 11. Section 230.30 of the penal law, as amended by chapter 368 of 2 the laws of 2015, is amended to read as follows: 3 § 230.30 Promoting prostitution in the second degree. 4 A person is guilty of promoting prostitution in the second degree when 5 [he or she] the actor knowingly: 6 1. Advances prostitution by compelling a person by force or intim- 7 idation to engage in prostitution, or profits from such coercive conduct 8 by another; or 9 2. Advances or profits from prostitution of a person less than eigh- 10 teen years old. 11 Promoting prostitution in the second degree is a class C felony. 12 § 12. Section 230.32 of the penal law, as added by chapter 627 of the 13 laws of 1978, the opening paragraph and subdivisions 1 and 2 as amended 14 by chapter 368 of the laws of 2015, is amended to read as follows: 15 § 230.32 Promoting prostitution in the first degree. 16 A person is guilty of promoting prostitution in the first degree when 17 [he or she] the actor: 18 1. knowingly advances or profits from prostitution of a person less 19 than thirteen years old; or 20 2. being twenty-one years old or more, [he or she] the actor knowingly 21 advances or profits from prostitution of a person less than fifteen 22 years old. 23 Promoting prostitution in the first degree is a class B felony. 24 § 13. Section 230.33 of the penal law, as amended by chapter 368 of 25 the laws of 2015, is amended to read as follows: 26 § 230.33 Compelling prostitution. 27 A person is guilty of compelling prostitution when, being eighteen 28 years old or more, [he or she] the actor knowingly advances prostitution 29 by compelling a person less than eighteen years old, by force or intim- 30 idation, to engage in prostitution. 31 Compelling prostitution is a class B felony. 32 § 14. The opening paragraph of section 230.34 of the penal law, as 33 added by chapter 74 of the laws of 2007, is amended to read as follows: 34 A person is guilty of sex trafficking if [he or she] the actor inten- 35 tionally advances or profits from prostitution by: 36 § 15. Section 230.34-a of the penal law, as added by chapter 189 of 37 the laws of 2018, is amended to read as follows: 38 § 230.34-a Sex trafficking of a child. 39 [1.] A person is guilty of sex trafficking of a child when [he or she] 40 the actor, being twenty-one years old or more, intentionally advances or 41 profits from prostitution of another person and such person is a child 42 less than eighteen years old. Knowledge by the defendant of the age of 43 such child is not an element of this offense and it is not a defense to 44 a prosecution therefor that the defendant did not know the age of the 45 child or believed such age to be eighteen or over. 46 [2. For purposes of this section: 47 (a) A person "advances prostitution" when, acting other than as a 48 person in prostitution or as a patron thereof, and with intent to cause 49 prostitution, he or she directly engages in conduct that facilitates an 50 act or enterprise of prostitution. 51 (b) A person "profits from prostitution" when, acting other than as a 52 person in prostitution receiving compensation for personally rendered 53 prostitution services, and with intent to facilitate prostitution, he or 54 she accepts or receives money or other property pursuant to an agreement 55 or understanding with any person whereby he or she participates in the 56 proceeds of prostitution activity.]
S. 4396 6 1 Sex trafficking of a child is a class B felony. 2 § 16. Section 230.35 of the penal law, as amended by chapter 368 of 3 the laws of 2015, is amended to read as follows: 4 § 230.35 Promoting or compelling prostitution; accomplice. 5 In a prosecution for promoting prostitution or compelling prostitu- 6 tion, a person [less than eighteen years old] from whose prostitution 7 activity another person is alleged to have advanced or attempted to 8 advance or profited or attempted to profit shall not be deemed to be an 9 accomplice. 10 § 17. Section 230.40 of the penal law is REPEALED. 11 § 18. This act shall take effect immediately. 12 PART B 13 ELIMINATING PRIOR CRIMINAL RECORDS AND OTHER RELATED PROVISIONS 14 Section 1. Paragraph (k) of subdivision 3 of section 160.50 of the 15 criminal procedure law, as amended by chapter 92 of the laws of 2021, is 16 amended to read as follows: 17 (k) (i) The conviction was for a violation of article two hundred 18 twenty or section 240.36 of the penal law prior to the effective date of 19 former article two hundred twenty-one of the penal law, and the sole 20 controlled substance involved was marihuana and the conviction was only 21 for a misdemeanor and/or violation; or 22 (ii) the conviction is for an offense defined in section 221.05 or 23 221.10 of the penal law prior to the effective date of chapter one 24 hundred thirty-two of the laws of two thousand nineteen; or 25 (iii) the conviction is for an offense defined in former section 26 221.05, 221.10, 221.15, 221.20, 221.35, or 221.40 of the penal law; or 27 (iv) the conviction was for an offense defined in section 240.37 of 28 the penal law; or 29 (v) the conviction was for a violation of section 220.03 or 220.06 of 30 the penal law prior to the effective date of the chapter of the laws of 31 two thousand twenty-one that amended this paragraph, and the sole 32 controlled substance involved was concentrated cannabis; or 33 (vi) the conviction was for an offense defined in section 222.10, 34 222.15, 222.25 or 222.45 of the penal law[.]; or 35 (vii) the conviction was for a violation of penal law section 230.00, 36 230.03, 230.20, 230.25, or 230.40 as in effect prior to the effective 37 date of part A of the chapter of the laws of two thousand twenty-three 38 that amended this section; or 39 (viii) an order pursuant to subdivision six of this section was 40 entered. 41 No defendant shall be required or permitted to waive eligibility for 42 sealing or expungement pursuant to this section as part of a plea of 43 guilty, sentence or any agreement related to a conviction [for a 44 violation of section 222.10, 222.15, 222.25 or 222.45 of the penal law] 45 or disposition and any such waiver shall be deemed void and wholly unen- 46 forceable. 47 § 2. Paragraph (a) of subdivision 5 of section 160.50 of the criminal 48 procedure law, as amended by chapter 132 of the laws of 2019, is amended 49 to read as follows: 50 (a) Expungement of certain [marihuana-related] records. A conviction 51 for an offense described in paragraph (k) of subdivision three of this 52 section shall, on and after the effective date of this paragraph, in 53 accordance with the provisions of this paragraph, be vacated and 54 dismissed, and all records of such conviction or convictions and related
S. 4396 7 1 to such conviction or convictions shall be expunged, as described in 2 subdivision forty-five of section 1.20 of this chapter, and the matter 3 shall be considered terminated in favor of the accused and deemed a 4 nullity, having been rendered by this paragraph legally invalid. All 5 such records for an offense described in this paragraph where the 6 conviction was entered on or before the effective date of the chapter of 7 the laws of [2019] 2023 that amended this paragraph shall be expunged 8 promptly and, in any event, no later than one year after such effective 9 date. 10 § 3. Section 160.50 of the criminal procedure law is amended by adding 11 a new subdivision 6 to read as follows: 12 6. A person convicted under article two hundred thirty of the penal 13 law for what no longer constitutes an offense on or after the effective 14 date of part A of the chapter of the laws of two thousand twenty-three 15 that added this subdivision may upon motion apply to the court in which 16 such conviction occurred, upon not less than twenty days notice to the 17 district attorney, for an order finding that the criminal action or 18 proceeding was terminated in favor of such person, and such order shall 19 be granted unless the district attorney demonstrates to the satisfaction 20 of the court that the interests of justice require otherwise. 21 § 4. Paragraph (k) of subdivision 1 of section 440.10 of the criminal 22 procedure law, as amended by chapter 92 of the laws of 2021, is amended 23 to read as follows: 24 (k) The judgment occurred prior to the effective date of part A of the 25 chapter of the laws of two thousand [twenty-one] twenty-three that 26 amended this paragraph and is a conviction for an offense as defined in 27 subparagraphs (i), (ii), (iii) [or], (iv), or (vii) of paragraph (k) of 28 subdivision three of section 160.50 of this part, in which case the 29 court shall presume that a conviction by plea for the aforementioned 30 offenses was not knowing, voluntary and intelligent if it has severe or 31 ongoing consequences, including but not limited to potential or actual 32 immigration consequences, and shall presume that a conviction by verdict 33 for the aforementioned offenses constitutes cruel and unusual punishment 34 under section five of article one of the state constitution, based on 35 those consequences. The people may rebut these presumptions. 36 § 5. Subdivision 5 of section 1310 of the civil practice law and 37 rules, as added by chapter 669 of the laws of 1984, is amended to read 38 as follows: 39 5. "Post-conviction forfeiture crime" means any felony defined in the 40 penal law or any other chapter of the consolidated laws of the state. 41 However, this shall not include any felony under article two hundred 42 thirty of the penal law in effect prior to the effective date of a chap- 43 ter of the laws of two thousand twenty-three which amended this subdivi- 44 sion, unless it was also a felony under that article on or after that 45 date. 46 § 6. Section 60.47 of the criminal procedure law is REPEALED. 47 § 7. Subdivision 4 of section 170.30 of the criminal procedure law is 48 REPEALED. 49 § 8. Section 170.80 of the criminal procedure law is REPEALED. 50 § 9. Subdivision 2 of section 420.35 of the criminal procedure law, as 51 amended by chapter 23 of the laws of 2021, is amended to read as 52 follows: 53 2. Except as provided in this subdivision or subdivision two-a of this 54 section, under no circumstances shall the mandatory surcharge, sex 55 offender registration fee, DNA databank fee or the crime victim assist- 56 ance fee be waived. A court shall waive any mandatory surcharge, DNA
S. 4396 8 1 databank fee and crime victim assistance fee when: (i) the defendant is 2 convicted of [prostitution under section 230.00 of the penal law; (ii) 3 the defendant is convicted of a violation in the event such conviction 4 is in lieu of a plea to or conviction for prostitution under section 5 230.00 of the penal law; (iii)] a violation of article two hundred thir- 6 ty or section 240.37 of the penal law, as in effect prior to the effec- 7 tive date of a chapter of the laws of two thousand twenty-three which 8 amended this subdivision, unless the violation is an offense under law 9 in effect on and after that effective date; or (ii) the court finds that 10 a defendant is a victim of sex trafficking under section 230.34 of the 11 penal law, sex trafficking of a child under section 230.34-a of the 12 penal law, or [a victim of] trafficking in persons under the trafficking 13 victims protection act (United States Code, Title 22, Chapter 78)[; or 14 (iv) the court finds that the defendant is a victim of sex trafficking 15 of a child under section 230.34-a of the penal law]. 16 § 10. Subdivision 4 of section 720.15 of the criminal procedure law is 17 REPEALED. 18 § 11. Subdivision 1 of section 720.35 of the criminal procedure law, 19 as amended by chapter 23 of the laws of 2021, is amended to read as 20 follows: 21 1. A youthful offender adjudication is not a judgment of conviction 22 for a crime or any other offense, and does not operate as a disquali- 23 fication of any person so adjudged to hold public office or public 24 employment or to receive any license granted by public authority but 25 shall be deemed a conviction only for the purposes of transfer of super- 26 vision and custody pursuant to section two hundred fifty-nine-m of the 27 executive law. [A defendant for whom a youthful offender adjudication 28 was substituted, who was originally charged with prostitution as defined 29 in section 230.00 of the penal law, shall be deemed a "sexually 30 exploited child" as defined in subdivision one of section four hundred 31 forty-seven-a of the social services law and therefore shall not be 32 considered an adult for purposes related to the charges in the youthful 33 offender proceeding or a proceeding under section 170.80 of this chap- 34 ter.] 35 § 12. The office of court administration shall establish and make 36 available all necessary forms for proceedings under this act no later 37 than sixty days following the effective date of this section. 38 § 13. This act shall take effect on the thirtieth day after it shall 39 have become a law. 40 PART C 41 OTHER CONFORMING CHANGES 42 Section 1. Subdivision 1 of section 12 of the multiple dwelling law is 43 amended to read as follows: 44 1. It shall be unlawful to use any multiple dwelling or any part of 45 the lot or premises thereof for the purpose of criminal conduct related 46 to prostitution [or assignation of any description] under article two 47 hundred thirty of the penal law. This subdivision shall only apply to 48 conduct involving prostitution activity in violation of article two 49 hundred thirty of the penal law on or after the effective date of a 50 chapter of the laws of two thousand twenty-three that amended this 51 subdivision. 52 § 2. Sections 351 and 352 of the multiple dwelling law, section 352 as 53 amended by chapter 310 of the laws of 1962, are amended to read as 54 follows:
S. 4396 9 1 § 351. Lien. A multiple dwelling shall be subject to a penalty of one 2 thousand dollars if it or any part of it shall be used as a house of 3 prostitution [or assignation] in violation of article two hundred thirty 4 of the penal law with the permission of the owner, and such penalty 5 shall be a lien upon the dwelling and lot upon which it is situated. 6 This section shall only apply to conduct involving prostitution activity 7 in violation of article two hundred thirty of the penal law on or after 8 the effective date of a chapter of the laws of two thousand twenty-three 9 that amended this section. 10 § 352. Recovery of premises. If a multiple dwelling, or any part 11 thereof, shall be used as a house of prostitution [or assignation] in 12 violation of article two hundred thirty of the penal law with the 13 permission of the lessee or [his] the lessee's agent, the lease shall be 14 terminable at the election of the lessor, and the owner shall be enti- 15 tled to recover possession of said premises by summary proceedings. 16 This section shall only apply to conduct involving prostitution activity 17 in violation of article two hundred thirty of the penal law on or after 18 the effective date of a chapter of the laws of two thousand twenty-three 19 that amended this section. 20 § 3. Section 2320 of the public health law is amended to read as 21 follows: 22 § 2320. Houses of prostitution; equipment; nuisance. 1. Whoever shall 23 erect, establish, continue, maintain, use, own, or lease any building, 24 erection, or place used for the purpose of [lewdness, assignation, or] 25 prostitution activity in violation of article two hundred thirty of the 26 penal law is guilty of maintaining a nuisance. 27 2. The building, erection, or place, or the ground itself, in or upon 28 which any [lewdness, assignation, or] prostitution activity in violation 29 of article two hundred thirty of the penal law is conducted, permitted, 30 or carried on, continued, or exists, and the furniture, fixtures, 31 musical instruments, and movable property used in conducting or main- 32 taining such nuisance, are hereby declared to be a nuisance and shall be 33 enjoined and abated as hereafter provided. 34 3. This article shall only apply to conduct involving prostitution 35 activity in violation of article two hundred thirty of the penal law on 36 or after the effective date of this subdivision. 37 § 4. Subdivision 5 of section 711 of the real property actions and 38 proceedings law, as added by section 312 of the laws of 1962, is amended 39 to read as follows: 40 5. The premises, or any part thereof, are used or occupied [as a 41 bawdy-house, or house or place of assignation for lewd persons, or] for 42 purposes of prostitution activity in violation of article two hundred 43 thirty of the penal law, or for any illegal trade or manufacture, or 44 other illegal business. As used in this subdivision, "prostitution 45 activity" shall only mean conduct in violation of article two hundred 46 thirty of the penal law on or after the effective date of a chapter of 47 the laws of two thousand twenty-three that amended this subdivision. 48 § 5. Subdivisions 1 and 2 of section 715 of the real property actions 49 and proceedings law, subdivision 1 as amended by chapter 555 of the laws 50 of 1978, subdivision 2 as amended by chapter 368 of the laws of 2015, 51 are amended to read as follows: 52 1. An owner or tenant, including a tenant of one or more rooms of an 53 apartment house, tenement house or multiple dwelling, of any premises 54 within two hundred feet from other demised real property [used or occu- 55 pied in whole or in part as a bawdy-house, or house or place of assigna- 56 tion for lewd persons, or] for purposes of prostitution activity in
S. 4396 10 1 violation of article two hundred thirty of the penal law, or for any 2 illegal trade, business or manufacture, or any domestic corporation 3 organized for the suppression of vice, subject to or which submits to 4 visitation by the state department of social services and possesses a 5 certificate from such department of such fact and of conformity with 6 regulations of the department, or any duly authorized enforcement agency 7 of the state or of a subdivision thereof, under a duty to enforce the 8 provisions of the penal law or of any state or local law, ordinance, 9 code, rule or regulation relating to buildings, may serve personally 10 upon the owner or landlord of the premises so used or occupied, or upon 11 [his] the lessee's agent, a written notice requiring the owner or land- 12 lord to make an application for the removal of the person so using or 13 occupying the same. If the owner or landlord or [his] the lessee's agent 14 does not make such application within five days thereafter; or, having 15 made it, does not in good faith diligently prosecute it, the person, 16 corporation or enforcement agency giving the notice may bring a proceed- 17 ing under this article for such removal as though the petitioner were 18 the owner or landlord of the premises, and shall have precedence over 19 any similar proceeding thereafter brought by such owner or landlord or 20 to one theretofore brought by [him] such owner or landlord and not pros- 21 ecuted diligently and in good faith. [Proof of the ill repute of the 22 demised premises or of the inmates thereof or of those resorting thereto 23 shall constitute presumptive evidence of the unlawful use of the demised 24 premises required to be stated in the petition for removal.] Both the 25 person in possession of the property and the owner or landlord shall be 26 made respondents in the proceeding. As used in this subdivision, "pros- 27 titution activity" shall only mean conduct in violation of article two 28 hundred thirty of the penal law on or after the effective date of a 29 chapter of the laws of two thousand twenty-three that amended this 30 subdivision. 31 2. For purposes of this section, two or more convictions of any person 32 or persons had, within a period of one year, for any of the offenses 33 described in section [230.00,] 230.05, 230.06, 230.11, 230.12, 230.13, 34 [230.20, 230.25,] 230.30, or 230.32 [or 230.40] of the penal law arising 35 out of conduct engaged in at the same real property consisting of a 36 dwelling as that term is defined in subdivision four of section four of 37 the multiple dwelling law shall be presumptive evidence of conduct 38 constituting use of the premises for purposes of prostitution activity. 39 However, this subdivision shall only apply to an offense under article 40 two hundred thirty of the penal law in effect on or after the effective 41 date of a chapter of the laws of two thousand twenty-three that amended 42 this subdivision. 43 § 6. Subdivision 3 of section 231 of the real property law, as amended 44 by chapter 368 of the laws of 2015, is amended to read as follows: 45 3. For the purposes of this section, two or more convictions of any 46 person or persons had, within a period of one year, for any of the 47 offenses described in section [230.00,] 230.05, 230.06, 230.11, 230.12, 48 230.13, [230.20, 230.25,] 230.30, or 230.32 [or 230.40] of the penal law 49 arising out of conduct engaged in at the same premises consisting of a 50 dwelling as that term is defined in subdivision four of section four of 51 the multiple dwelling law shall be presumptive evidence of unlawful use 52 of such premises and of the owners knowledge of the same. However, this 53 subdivision shall only apply to an offense under article two hundred 54 thirty of the penal law in effect on or after the effective date of a 55 chapter of the laws of two thousand twenty-three that amended this 56 subdivision.
S. 4396 11 1 § 7. Paragraph 3 of subdivision b of section 233 of the real property 2 law, as amended by chapter 566 of the laws of 1996, is amended to read 3 as follows: 4 3. The premises, or any part thereof, are used or occupied [as a 5 bawdy-house, or house or place of assignation for lewd purposes or] for 6 purposes of prostitution activity in violation of article two hundred 7 thirty of the penal law, or for any illegal trade or business. As used 8 in this paragraph, "prostitution activity" shall only mean conduct in 9 violation of article two hundred thirty of the penal law on or after the 10 effective date of a chapter of the laws of two thousand twenty-three 11 that amended this paragraph. 12 § 8. Paragraphs (b) and (c) of subdivision 4 of section 509-cc of the 13 vehicle and traffic law, paragraph (b) as amended by chapter 400 of the 14 laws of 2011, paragraph (c) as amended by chapter 92 of the laws of 15 2021, are amended to read as follows: 16 (b) The offenses referred to in subparagraph (ii) of paragraph (a) of 17 subdivision one and paragraph (b) of subdivision two of this section 18 that result in permanent disqualification shall include a conviction 19 under sections 100.13, 105.15, 105.17, 115.08, 120.12, 120.70, 125.10, 20 125.11, 130.40, 130.53, 130.60, 130.65-a, 135.20, 160.15, 220.18, 21 220.21, 220.39, 220.41, 220.43, 220.44, [230.25,] 260.00, 265.04 of the 22 penal law or an attempt to commit any of the aforesaid offenses under 23 section 110.00 of the penal law, or any offenses committed under a 24 former section of the penal law which would constitute violations of the 25 aforesaid sections of the penal law, or any offenses committed outside 26 this state which would constitute violations of the aforesaid sections 27 of the penal law. 28 (c) The offenses referred to in subparagraph (i) of paragraph (b) of 29 subdivision one and subparagraph (i) of paragraph (c) of subdivision two 30 of this section that result in disqualification for a period of five 31 years shall include a conviction under sections 100.10, 105.13, 115.05, 32 120.03, 120.04, 120.04-a, 120.05, 120.10, 120.25, 121.12, 121.13, 33 [125.40, 125.45,] 130.20, 130.25, 130.52, 130.55, 135.10, 135.55, 34 140.17, 140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06, 35 220.09, 220.16, 220.31, 220.34, 220.60, 220.65, subdivision two of 36 section 222.50, subdivision two of section 222.55, [230.00,] 230.05, 37 230.06, 230.11, 230.12, 230.13, 230.19, [230.20,] 235.05, 235.06, 38 235.07, 235.21, 240.06, 245.00, 260.10, subdivision two of section 39 260.20 and sections 260.25, 265.02, 265.03, 265.08, 265.09, 265.10, 40 265.12, 265.35 of the penal law or an attempt to commit any of the afor- 41 esaid offenses under section 110.00 of the penal law, or any similar 42 offenses committed under a former section of the penal law, or any 43 offenses committed under a former section of the penal law which would 44 constitute violations of the aforesaid sections of the penal law, or any 45 offenses committed outside this state which would constitute violations 46 of the aforesaid sections of the penal law. 47 § 9. Subdivisions 1 and 2 of section 510-d of the vehicle and traffic 48 law, as amended by chapter 189 of the laws of 2018, are amended to read 49 as follows: 50 1. A class E driver's license shall be suspended by the commissioner 51 for a period of one year where the holder is convicted of a violation of 52 section [230.20, 230.25,] 230.30, 230.32, 230.34, or 230.34-a [or 53 230.40] of the penal law and the holder used a for hire motor vehicle to 54 commit such crime. 55 2. A class E driver's license may be revoked by the commissioner when 56 the holder, who had his or her driver's license suspended under subdivi-
S. 4396 12 1 sion one of this section within the last ten years, is convicted of a 2 second violation of section [230.20, 230.25,] 230.30, 230.32, 230.34, or 3 230.34-a [or 230.40] of the penal law and the holder used a for hire 4 motor vehicle to commit such crime. 5 § 10. Subdivision (a) of section 7-703 of the administrative code of 6 the city of New York is amended to read as follows: 7 (a) Any building, erection or place, including one- or two-family 8 dwellings, used for the purpose of prostitution [as defined in section 9 230.00] activity in violation of article two hundred thirty of the penal 10 law. Two or more criminal convictions of persons for [acts of] prostitu- 11 tion activity in violation of article two hundred thirty of the penal 12 law in the building, erection or place, including one- or two-family 13 dwellings, within the one-year period preceding the commencement of an 14 action under this chapter, shall be presumptive evidence that the build- 15 ing, erection or place, including one- or two-family dwellings, is a 16 public nuisance. In any action under this subdivision, evidence of the 17 common fame and general reputation of the building, erection or place, 18 including one- or two-family dwellings, of the inmates or occupants 19 thereof, or of those resorting thereto, shall be competent evidence to 20 prove the existence of the public nuisance. If evidence of the general 21 reputation of the building, erection or place, including one- or two-fa- 22 mily dwellings, or of the inmates or occupants thereof, is sufficient to 23 establish the existence of the public nuisance, it shall be prima facie 24 evidence of knowledge thereof and acquiescence and participation therein 25 and responsibility for the nuisance, on the part of the owners, lessors, 26 lessees and all those in possession of or having charge of, as agent or 27 otherwise, or having any interest in any form in the property, real or 28 personal, used in conducting or maintaining the public nuisance. As used 29 in this subdivision, "prostitution activity" shall only mean conduct in 30 violation of article two hundred thirty of the penal law on or after the 31 effective date of a chapter of the laws of two thousand twenty-three 32 that amended this subdivision; 33 § 11. Subdivision f of section 20-247 of the administrative code of 34 the city of New York is amended to read as follows: 35 f. It shall be unlawful for any licensee to guide or direct any person 36 to [a place of ill repute, house of ill fame or assignation, or to any 37 house or place of amusement kept for immoral purposes, or to] any place 38 resorted to for the purpose of prostitution activity in violation of 39 article two hundred thirty of the penal law or gambling. It shall be 40 unlawful for any such licensee to impart any information as to the 41 location or address of any such houses or places, or to solicit the 42 patronage of any person or persons for any hotel, lodging house or 43 boarding house or place of temporary or permanent abode, or for any 44 place where refreshments are served or amusement of any type provided. 45 As used in this subdivision, "prostitution activity" shall only mean 46 conduct in violation of article two hundred thirty of the penal law on 47 or after the effective date of a chapter of the laws of two thousand 48 twenty-three that amended this subdivision. 49 § 12. This act shall take effect on the thirtieth day after it shall 50 have become a law. 51 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 52 sion, section or part of this act shall be adjudged by a court of compo- 53 nent jurisdiction to be invalid, such judgment shall not affect, impair 54 or invalidate the remainder thereof, but shall be confined in its opera- 55 tion to the clause, sentence, paragraph, subdivision, section or part 56 thereof directly involved in the controversy in which such judgment
S. 4396 13 1 shall have been rendered. It is hereby declared to be the intent of the 2 legislature that this act would have been enacted even if such invalid 3 provisions had not been included herein. 4 § 3. This act shall take effect immediately; provided, however, that 5 the applicable effective date of Parts A through C of this act shall be 6 as specifically set forth in the last section of such Parts.