Relates to prostitution offenses occurring within one thousand feet of school grounds

2 Co-sponsors

• Eric Adams
• John L. Sampson

BILL NUMBER:S1313B

Title of bill

An act to amend the penal law, in relation to establishing the offenses of patronizing a prostitute within one thousand feet of school grounds and promoting prostitution within one thousand feet of school grounds

Purpose or general idea of bill

Establishes criminal sanctions for prostitution in a school zone and promoting prostitution in a school zone.

Summary of specific provisions

Section 1. Amends the Penal Law by adding a new section 230.03. Creates the crime of prostitution in a school zone. Provides that any person guilty of such crime shall be guilty of a class A misdemeanor. Defines school zone.

Section 2. Amends the Penal Law by adding a new section 230.19. Creates the crime of promoting prostitution in a school zone. Establishes a Class E Felony for such crime. Defines a school zone as defined in section 230.03 of this article.

Section 3. Effective Date

Existing law

Penal Law; Title M; Offenses Against Public Health and Morals; Article 230; Prostitution Offenses.

Justification

While there are enhanced criminal penalties for certain crimes committed near schools, prostitution is not one of them. State statute must reflect the current reality that prostitution can and does take place in any environment, even in areas that are visible to the public.

The New York Times published a shocking article on January 2,2011 entitled "A Bronx elementary School, surrounded by Prostitutes (Yardena Schwartz)." Ms. Schwartz, in her expose, reported in great detail how students who attend the West Farms Elementary School located in the Bronx, NY, are subjected to this illicit sexual activity. "At all hours of the day, prostitutes roam the streets around the school, waiting for cars entering and leaving the Cross Bronx Expressway. They bend over car windows and climb inside, in plain view of students walking to and from the school."

The activity is so brazen that according to the article, "The prostitutes also have sex inside a tent on top of a boulder directly below the school's playground. Students from prekindergartners to fifth graders, can see mattresses, cushions and sheets strewn about the rock. Custodians often have to sweep condoms and hypodermic needles from the school grounds before students arrive in the morning."

We must do more to protect our children and to ensure that they are not subjected to crimes of this nature. They should be safe at all

times, but especially when they are going to and from school. Likewise, local enforcement, from the police to the district attorney, must be given the appropriate tools to fight these crimes.

This legislation creates the following new crimes of prostitution in a school zone and promoting prostitution in a school zone

Prior legislative history

New Bill.

Fiscal implications

None to State.

Effective date

On the one hundred and twentieth day after it shall have become law.