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S2261Senate2013-2014 SessionSame asA4088

Defenses against patronizing a prostitute

Sponsor Jeffrey D. KleinSD-34+2 co-sponsorsAffects Legal
Status
In Assembly Committee
Codes
Impact
Pending
Passage
Pending

Bill progress

Step 5 of 7

In Assembly · Codes

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Sponsors

Primary sponsor
Jeffrey D. Klein

Senator · Senate District 34

History

  1. Referred to codes
  2. Delivered to assembly
  3. Passed senateVote 56–3
  4. Advanced to third reading
  5. 2nd report cal.
  6. 1st report cal.752
  7. Referred to codes
  8. Returned to senate
  9. Died in assembly
  10. Referred to codes
  11. Delivered to assembly
  12. Passed senateVote 59–1
Show 4 earlier actions
  1. Advanced to third reading
  2. 2nd report cal.
  3. 1st report cal.256
  4. Referred to codes

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A4088Assembly

Defenses against patronizing a prostitute

In Assembly Committee · Codes · Sponsor Amy Paulin

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S2261

Title of bill

An act to amend the penal law, in relation to defenses against patronizing a prostitute

Purpose or general idea of bill

To shift the burden of proof to those who commit the crime of either patronizing a prostitute in the first degree or second degree by making it an affirmative defense that the defendant did not reasonably believe that the person patronized was less than the age specified in current law.

Current law

Section 230.07 of the penal law provides that it is a defense to the crime of patronizing a prostitute in the first or second degree that the defendant did not have reasonable grounds to believe that the person patronized was less than the age specified for such crimes.

Summary of specific provisions

Section 1: Amends section 230.07 of the penal law, by providing that it shall be an affirmative defense to the crime of patronizing a prostitute in the, first or second degree that the defendant did not have reasonable grounds to believe that the person patronized was less than the age specified for such crimes.

Section 2: Immediate effective date.

Justification

Currently, it is a defense to the crime of patronizing a prostitute in either the first or second degree that the defendant did not have reasonable grounds to believe that the person was less than the age specified. It is a valid defense if a defendant merely asserts that there was no reasonable way to know that the person patronized was younger than fourteen years old. In such cases, the prosecutor has the burden of proving that the defendant did have reasonable grounds to believe that the person patronized was younger than the age specified in statute.

This legislation will change the current law by shifting the burden of proof onto the defendant. The defendant will have to prove that he or she did not have reasonable grounds to believe that the person patronized was younger than fourteen years old. The intention of this legislation is to create a system that will make it more difficult for people to patronize child prostitutes.

Prior legislative history

2010 - Referred to Codes; Passed Senate S.8109. 2012 - Referred to Codes; Passed Senate S. 618

Fiscal implication

None.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.