STATE OF NEW YORK ________________________________________________________________________ 7175 2023-2024 Regular Sessions IN ASSEMBLY May 12, 2023 ___________ Introduced by M. of A. JACKSON -- read once and referred to the Commit- tee 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. LBD00381-01-3

A. 7175 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

A. 7175 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, as added by chapter 191 of the 5 laws of 2011, subdivision 2 as amended by chapter 368 of the laws of 6 2015, is amended to read as follows: 7 § 230.03 Prostitution in a school zone. 8 [1.] A person is guilty of prostitution in a school zone when, being 9 nineteen years of age or older, and acting during the hours that school 10 is in session, [~~he or she~~] the actor commits [~~the crime~~] an act of pros- 11 titution [~~in violation of section 230.00 of this article~~] at a place 12 that [~~he or she~~] the actor knows, or reasonably should know, is in a 13 school zone, and [~~he or she~~] the actor knows, or reasonably should know, 14 that such act of prostitution is within the direct view of children 15 attending such school. 16 [~~2. For the purposes of this section, section 230.08 and section~~ 17 ~~230.19 of this article, "school zone" means (a) in or on or within any~~ 18 ~~building, structure, athletic playing field, playground or land~~ 19 ~~contained within the real property boundary line of a public or private~~ 20 ~~elementary, parochial, intermediate, junior high, vocational, or high~~ 21 ~~school, or (b) any public sidewalk, street, parking lot, park, play-~~ 22 ~~ground or private land, located immediately adjacent to the boundary~~ 23 ~~line of such school.~~] 24 Prostitution in a school zone is a class A misdemeanor. 25 § 5. Sections 230.04, 230.05, 230.06, 230.07 and 230.08 of the penal 26 law, sections 230.04, 230.05, 230.06 and 230.07 as amended and section 27 230.08 as added by chapter 368 of the laws of 2015, are amended to read 28 as follows: 29 § 230.04 Patronizing a person for prostitution in the third degree. 30 A person is guilty of patronizing a person for prostitution in the 31 third degree when [~~he or she~~] the actor patronizes a person for prosti- 32 tution and the person patronized is less than eighteen years old. 33 Patronizing a person for prostitution in the third degree is a class A 34 misdemeanor. 35 § 230.05 Patronizing a person for prostitution in the second degree. 36 A person is guilty of patronizing a person for prostitution in the 37 second degree when, being eighteen years old or more, [~~he or she~~] the 38 actor patronizes a person for prostitution and the person patronized is 39 less than fifteen years old. 40 Patronizing a person for prostitution in the second degree is a class 41 E felony. 42 § 230.06 Patronizing a person for prostitution in the first degree. 43 A person is guilty of patronizing a person for prostitution in the 44 first degree when: 45 1. [~~He or she~~] The actor patronizes a person for prostitution and the 46 person patronized is less than eleven years old; or 47 2. Being eighteen years old or more, [~~he or she~~] the actor patronizes 48 a person for prostitution and the person patronized is less than thir- 49 teen years old. 50 Patronizing a person for prostitution in the first degree is a class D 51 felony. 52 § 230.07 Patronizing a person for prostitution; defense. 53 In any prosecution for patronizing a person for prostitution in the 54 first [or], second or third degrees or patronizing a person for prosti- 55 tution in a school zone, it is a defense that the defendant did not have

A. 7175 4 1 reasonable grounds to believe that the person was less than the age 2 specified. 3 § 230.08 Patronizing a person for prostitution in a school zone. 4 [1.] A person is guilty of patronizing a person for prostitution in a 5 school zone when, being twenty-one years old or more, [~~he or she~~] the 6 actor patronizes a person for prostitution and the person patronized is 7 less than eighteen years old at a place that [~~he or she~~] the actor 8 knows, or reasonably should know, is in a school zone. 9 [~~2. For purposes of this section, "school zone" shall mean "school~~ 10 ~~zone" as defined in subdivision two of section 230.03 of this article.~~] 11 Patronizing a person for prostitution in a school zone is a class E 12 felony. 13 § 6. Section 230.10 of the penal law, the section heading and the 14 opening paragraph as amended by chapter 368 of the laws of 2015, is 15 amended to read as follows: 16 § 230.10 Prostitution and patronizing a person for prostitution; no 17 defense. 18 In any prosecution for prostitution or patronizing a person for pros- 19 titution, the sex of [~~the two~~] any of the parties or prospective parties 20 to the sexual conduct engaged in, contemplated or solicited is immateri- 21 al[~~, and it is no defense that:~~ 22 ~~1. Such persons were of the same sex; or~~ 23 ~~2. The person who received, agreed to receive or solicited a fee was a~~ 24 ~~male and the person who paid or agreed or offered to pay such fee was a~~ 25 ~~female~~]. 26 § 7. Sections 230.11, 230.12 and 230.13 of the penal law, as added by 27 chapter 368 of the laws of 2015, are amended to read as follows: 28 § 230.11 Aggravated patronizing a minor for prostitution in the third 29 degree. 30 A person is guilty of aggravated patronizing a minor for prostitution 31 in the third degree when, being twenty-one years old or more, [~~he or~~ 32 ~~she~~] the actor patronizes a person for prostitution and the person 33 patronized is less than seventeen years old and the person guilty of 34 patronizing engages in sexual intercourse, oral sexual conduct, anal 35 sexual conduct, or aggravated sexual conduct as those terms are defined 36 in section 130.00 of this part, with the person patronized. 37 Aggravated patronizing a minor for prostitution in the third degree is 38 a class E felony. 39 § 230.12 Aggravated patronizing a minor for prostitution in the second 40 degree. 41 A person is guilty of aggravated patronizing a minor for prostitution 42 in the second degree when, being eighteen years old or more, [~~he or she~~] 43 the actor patronizes a person for prostitution and the person patronized 44 is less than fifteen years old and the person guilty of patronizing 45 engages in sexual intercourse, oral sexual conduct, anal sexual conduct, 46 or aggravated sexual conduct as those terms are defined in section 47 130.00 of this part, with the person patronized. 48 Aggravated patronizing a minor for prostitution in the second degree 49 is a class D felony. 50 § 230.13 Aggravated patronizing a minor for prostitution in the first 51 degree. 52 A person is guilty of aggravated patronizing a minor for prostitution 53 in the first degree when [~~he or she~~] the actor patronizes a person for 54 prostitution and the person patronized is less than eleven years old, or 55 being eighteen years old or more, [~~he or she~~] the actor patronizes a 56 person for prostitution and the person patronized is less than thirteen

A. 7175 5 1 years old, and the person guilty of patronizing engages in sexual inter- 2 course, oral sexual conduct, anal sexual conduct, or aggravated sexual 3 conduct as those terms are defined in section 130.00 of this part, with 4 the person patronized. 5 Aggravated patronizing a minor for prostitution in the first degree is 6 a class B felony. 7 § 8. Section 230.15 of the penal law is REPEALED. 8 § 9. Section 230.19 of the penal law, as added by chapter 191 of the 9 laws of 2011, subdivision 1 as amended by chapter 368 of the laws of 10 2015, is amended to read as follows: 11 § 230.19 Promoting prostitution in a school zone. 12 [1.] A person is guilty of promoting prostitution in a school zone 13 when, being nineteen years old or more, [~~he or she~~] the actor knowingly 14 advances or profits from prostitution that [~~he or she~~] the actor knows 15 or reasonably should know is or will be committed in violation of 16 section 230.03 of this article in a school zone during the hours that 17 school is in session. 18 [~~2. For purposes of this section, "school zone" shall mean "school~~ 19 ~~zone" as defined in subdivision two of section 230.03 of this article.~~] 20 Promoting prostitution in a school zone is a class E felony. 21 § 10. Sections 230.20 and 230.25 of the penal law are REPEALED. 22 § 11. Section 230.30 of the penal law, as amended by chapter 368 of 23 the laws of 2015, is amended to read as follows: 24 § 230.30 Promoting prostitution in the second degree. 25 A person is guilty of promoting prostitution in the second degree when 26 [~~he or she~~] the actor knowingly: 27 1. Advances prostitution by compelling a person by force or intim- 28 idation to engage in prostitution, or profits from such coercive conduct 29 by another; or 30 2. Advances or profits from prostitution of a person less than eigh- 31 teen years old. 32 Promoting prostitution in the second degree is a class C felony. 33 § 12. Section 230.32 of the penal law, as added by chapter 627 of the 34 laws of 1978, the opening paragraph and subdivisions 1 and 2 as amended 35 by chapter 368 of the laws of 2015, is amended to read as follows: 36 § 230.32 Promoting prostitution in the first degree. 37 A person is guilty of promoting prostitution in the first degree when 38 [~~he or she~~] the actor: 39 1. knowingly advances or profits from prostitution of a person less 40 than thirteen years old; or 41 2. being twenty-one years old or more, [~~he or she~~] the actor knowingly 42 advances or profits from prostitution of a person less than fifteen 43 years old. 44 Promoting prostitution in the first degree is a class B felony. 45 § 13. Section 230.33 of the penal law, as amended by chapter 368 of 46 the laws of 2015, is amended to read as follows: 47 § 230.33 Compelling prostitution. 48 A person is guilty of compelling prostitution when, being eighteen 49 years old or more, [~~he or she~~] the actor knowingly advances prostitution 50 by compelling a person less than eighteen years old, by force or intim- 51 idation, to engage in prostitution. 52 Compelling prostitution is a class B felony. 53 § 14. The opening paragraph of section 230.34 of the penal law, as 54 added by chapter 74 of the laws of 2007, is amended to read as follows: 55 A person is guilty of sex trafficking if [~~he or she~~] the actor inten- 56 tionally advances or profits from prostitution by:

A. 7175 6 1 § 15. Section 230.34-a of the penal law, as added by chapter 189 of 2 the laws of 2018, is amended to read as follows: 3 § 230.34-a Sex trafficking of a child. 4 [1.] A person is guilty of sex trafficking of a child when [~~he or she~~] 5 the actor, being twenty-one years old or more, intentionally advances or 6 profits from prostitution of another person and such person is a child 7 less than eighteen years old. Knowledge by the defendant of the age of 8 such child is not an element of this offense and it is not a defense to 9 a prosecution therefor that the defendant did not know the age of the 10 child or believed such age to be eighteen or over. 11 [~~2. For purposes of this section:~~ 12 ~~(a) A person "advances prostitution" when, acting other than as a~~ 13 ~~person in prostitution or as a patron thereof, and with intent to cause~~ 14 ~~prostitution, he or she directly engages in conduct that facilitates an~~ 15 ~~act or enterprise of prostitution.~~ 16 ~~(b) A person "profits from prostitution" when, acting other than as a~~ 17 ~~person in prostitution receiving compensation for personally rendered~~ 18 ~~prostitution services, and with intent to facilitate prostitution, he or~~ 19 ~~she accepts or receives money or other property pursuant to an agreement~~ 20 ~~or understanding with any person whereby he or she participates in the~~ 21 ~~proceeds of prostitution activity.~~] 22 Sex trafficking of a child is a class B felony. 23 § 16. Section 230.35 of the penal law, as amended by chapter 368 of 24 the laws of 2015, is amended to read as follows: 25 § 230.35 Promoting or compelling prostitution; accomplice. 26 In a prosecution for promoting prostitution or compelling prostitu- 27 tion, a person [~~less than eighteen years old~~] from whose prostitution 28 activity another person is alleged to have advanced or attempted to 29 advance or profited or attempted to profit shall not be deemed to be an 30 accomplice. 31 § 17. Section 230.40 of the penal law, the opening paragraph as 32 amended by chapter 368 of the laws of 2015, is amended to read as 33 follows: 34 § 230.40 Permitting prostitution. 35 A person is guilty of permitting prostitution when, having possession 36 or control of premises or vehicle which [~~he or she~~] the actor knows are 37 being used for prostitution purposes or for the purpose of advancing 38 prostitution, [~~he or she~~] in violation of this article, the actor fails 39 to make reasonable effort to halt or abate such use. 40 Permitting prostitution is a class B misdemeanor. 41 § 18. This act shall take effect on the thirtieth day after it shall 42 have become a law. 43 PART B 44 ELIMINATING PRIOR CRIMINAL RECORDS AND OTHER RELATED PROVISIONS 45 Section 1. Subdivision 3 of section 160.50 of the criminal procedure 46 law is amended by adding a new paragraph (m) to read as follows: 47 (m) The accusatory instrument alleged a violation of article two 48 hundred thirty, as in effect prior to the effective date of this para- 49 graph, or section 240.37 of the penal law, as in effect prior to Febru- 50 ary second, two thousand twenty-one, and the accusatory instrument, 51 initially or as amended, does not allege conduct that is an offense 52 under law in effect on and after the effective date of this paragraph. 53 No defendant shall be required or permitted to waive eligibility for 54 sealing pursuant to this paragraph as part of a plea of guilty, a

A. 7175 7 1 sentence or any agreement related to a conviction or other disposition. 2 Any such waiver shall be deemed void and wholly unenforceable. 3 § 2. Section 160.50 of the criminal procedure law is amended by adding 4 a new subdivision 6 to read as follows: 5 6. A person in whose favor a criminal action or proceeding was termi- 6 nated, as defined in paragraph (m) of subdivision three of this section, 7 may upon motion apply to the court in which such termination occurred, 8 upon not less than twenty days notice to the district attorney, for an 9 order granting to such person the relief set forth in subdivision one of 10 this section, and such order shall be granted unless the district attor- 11 ney demonstrates to the satisfaction of the court that the interests of 12 justice require otherwise. 13 § 3. Paragraph (k) of subdivision 1 of section 440.10 of the criminal 14 procedure law, as amended by chapter 92 of the laws of 2021, is amended 15 and a new subdivision (l) is added to read as follows: 16 (k) The judgment occurred prior to [~~the effective date of the laws of~~] 17 March thirty-first, two thousand twenty-one [~~that amended this para-~~ 18 ~~graph~~] and is a conviction for an offense as defined in subparagraphs 19 (i), (ii), (iii) or (iv) of paragraph (k) of subdivision three of 20 section 160.50 of this part, in which case the court shall presume that 21 a conviction by plea for the aforementioned offenses was not knowing, 22 voluntary and intelligent if it has severe or ongoing consequences, 23 including but not limited to potential or actual immigration conse- 24 quences, and shall presume that a conviction by verdict for the afore- 25 mentioned offenses constitutes cruel and unusual punishment under 26 section five of article one of the state constitution, based on those 27 consequences. The people may rebut these presumptions[.]; or 28 (1) The judgment is a conviction for a violation of article two 29 hundred thirty, as in effect prior to the effective date of this para- 30 graph, or section 240.37 of the penal law, as in effect prior to Febru- 31 ary second, two thousand twenty-one, provided that the court shall 32 decline to vacate any portion of the judgment of conviction that is for 33 conduct that is an offense under law in effect at the time of the 34 conduct and on and after the effective date of this paragraph. 35 § 4. Section 440.10 of the criminal procedure law is amended by adding 36 a new subdivision 6-a to read as follows: 37 6-a. If the court grants a motion under paragraph (l) of subdivision 38 one of this section, it must vacate the judgment and dismiss the accusa- 39 tory instrument, to the extent it has vacated the judgment, and may take 40 such additional action as is appropriate in the circumstances. 41 § 5. Subdivision 5 of section 1310 of the civil practice law and 42 rules, as added by chapter 669 of the laws of 1984, is amended to read 43 as follows: 44 5. "Post-conviction forfeiture crime" means any felony defined in the 45 penal law or any other chapter of the consolidated laws of the state. 46 However, this shall not include any felony under article two hundred 47 thirty of the penal law in effect prior to the effective date of a chap- 48 ter of the laws of two thousand twenty-three which amended this subdivi- 49 sion, unless it was also a felony under that article on or after that 50 date. 51 § 6. Section 60.47 of the criminal procedure law is REPEALED. 52 § 7. Subdivision 4 of section 170.30 of the criminal procedure law is 53 REPEALED. 54 § 8. Section 170.80 of the criminal procedure law is REPEALED.

A. 7175 8 1 § 9. Subdivision 2 of section 420.35 of the criminal procedure law, as 2 amended by chapter 23 of the laws of 2021, is amended to read as 3 follows: 4 2. Except as provided in this subdivision or subdivision two-a of this 5 section, under no circumstances shall the mandatory surcharge, sex 6 offender registration fee, DNA databank fee or the crime victim assist- 7 ance fee be waived. A court shall waive any mandatory surcharge, DNA 8 databank fee and crime victim assistance fee when: (i) the defendant is 9 convicted of [~~prostitution under section 230.00 of the penal law; (ii)~~ 10 ~~the defendant is convicted of a violation in the event such conviction~~ 11 ~~is in lieu of a plea to or conviction for prostitution under section~~ 12 ~~230.00 of the penal law; (iii)~~] a violation of article two hundred thir- 13 ty or section 240.37 of the penal law, as in effect prior to the effec- 14 tive date of a chapter of the laws of two thousand twenty-three which 15 amended this subdivision, unless the violation is an offense under law 16 in effect on and after that effective date; or the court finds that a 17 defendant is a victim of sex trafficking under section 230.34 of the 18 penal law, sex trafficking of a child under section 230.34-a of the 19 penal law, or [~~a victim of~~] trafficking in persons under the trafficking 20 victims protection act (United States Code, Title 22, Chapter 78)[~~; or~~ 21 ~~(iv) the court finds that the defendant is a victim of sex trafficking~~ 22 ~~of a child under section 230.34-a of the penal law~~]. 23 § 10. Subdivision 4 of section 720.15 of the criminal procedure law is 24 REPEALED. 25 § 11. Subdivision 1 of section 720.35 of the criminal procedure law, 26 as amended by chapter 23 of the laws of 2021, is amended to read as 27 follows: 28 1. A youthful offender adjudication is not a judgment of conviction 29 for a crime or any other offense, and does not operate as a disquali- 30 fication of any person so adjudged to hold public office or public 31 employment or to receive any license granted by public authority but 32 shall be deemed a conviction only for the purposes of transfer of super- 33 vision and custody pursuant to section two hundred fifty-nine-m of the 34 executive law. [~~A defendant for whom a youthful offender adjudication~~ 35 ~~was substituted, who was originally charged with prostitution as defined~~ 36 ~~in section 230.00 of the penal law, shall be deemed a "sexually~~ 37 ~~exploited child" as defined in subdivision one of section four hundred~~ 38 ~~forty-seven-a of the social services law and therefore shall not be~~ 39 ~~considered an adult for purposes related to the charges in the youthful~~ 40 ~~offender proceeding or a proceeding under section 170.80 of this chap-~~ 41 ~~ter.~~] 42 § 12. The office of court administration shall establish and make 43 available all necessary forms for proceedings under this act no later 44 than sixty days following the effective date of this section. 45 § 13. This act shall take effect on the thirtieth day after it shall 46 have become a law. 47 PART C 48 OTHER CONFORMING CHANGES 49 Section 1. Subdivision 1 of section 12 of the multiple dwelling law is 50 amended to read as follows: 51 1. It shall be unlawful to use any multiple dwelling or any part of 52 the lot or premises thereof for the purpose of criminal conduct related 53 to prostitution [~~or assignation of any description~~] under article two 54 hundred thirty of the penal law. This subdivision shall only apply to

A. 7175 9 1 conduct involving prostitution activity in violation of article two 2 hundred thirty of the penal law on or after the effective date of a 3 chapter of the laws of two thousand twenty-three that amended this 4 subdivision. 5 § 2. Sections 351 and 352 of the multiple dwelling law, section 352 as 6 amended by chapter 310 of the laws of 1962, are amended to read as 7 follows: 8 § 351. Lien. A multiple dwelling shall be subject to a penalty of one 9 thousand dollars if it or any part of it shall be used as a house of 10 prostitution [~~or assignation~~] in violation of article two hundred thirty 11 of the penal law with the permission of the owner, and such penalty 12 shall be a lien upon the dwelling and lot upon which it is situated. 13 This section shall only apply to conduct involving prostitution activity 14 in violation of article two hundred thirty of the penal law on or after 15 the effective date of a chapter of the laws of two thousand twenty-three 16 that amended this section. 17 § 352. Recovery of premises. If a multiple dwelling, or any part 18 thereof, shall be used as a house of prostitution [~~or assignation~~] in 19 violation of article two hundred thirty of the penal law with the 20 permission of the lessee or [~~his~~] the lessee's agent, the lease shall be 21 terminable at the election of the lessor, and the owner shall be enti- 22 tled to recover possession of said premises by summary proceedings. 23 This section shall only apply to conduct involving prostitution activity 24 in violation of article two hundred thirty of the penal law on or after 25 the effective date of a chapter of the laws of two thousand twenty-three 26 that amended this section. 27 § 3. Section 2320 of the public health law is amended to read as 28 follows: 29 § 2320. Houses of prostitution; equipment; nuisance. 1. Whoever shall 30 erect, establish, continue, maintain, use, own, or lease any building, 31 erection, or place used for the purpose of [~~lewdness, assignation, or~~] 32 prostitution activity in violation of article two hundred thirty of the 33 penal law is guilty of maintaining a nuisance. 34 2. The building, erection, or place, or the ground itself, in or upon 35 which any [~~lewdness, assignation, or~~] prostitution activity in violation 36 of article two hundred thirty of the penal law is conducted, permitted, 37 or carried on, continued, or exists, and the furniture, fixtures, 38 musical instruments, and movable property used in conducting or main- 39 taining such nuisance, are hereby declared to be a nuisance and shall be 40 enjoined and abated as hereafter provided. 41 3. This article shall only apply to conduct involving prostitution 42 activity in violation of article two hundred thirty of the penal law on 43 or after the effective date of this subdivision. 44 § 4. Subdivision 5 of section 711 of the real property actions and 45 proceedings law, as added by section 312 of the laws of 1962, is amended 46 to read as follows: 47 5. The premises, or any part thereof, are used or occupied [~~as a~~ 48 ~~bawdy-house, or house or place of assignation for lewd persons, or~~] for 49 purposes of prostitution activity in violation of article two hundred 50 thirty of the penal law, or for any illegal trade or manufacture, or 51 other illegal business. As used in this subdivision, "prostitution 52 activity" shall only mean conduct in violation of article two hundred 53 thirty of the penal law on or after the effective date of a chapter of 54 the laws of two thousand twenty-three that amended this subdivision. 55 § 5. Subdivisions 1 and 2 of section 715 of the real property actions 56 and proceedings law, subdivision 1 as amended by chapter 555 of the laws

A. 7175 10 1 of 1978, subdivision 2 as amended by chapter 368 of the laws of 2015, 2 are amended to read as follows: 3 1. An owner or tenant, including a tenant of one or more rooms of an 4 apartment house, tenement house or multiple dwelling, of any premises 5 within two hundred feet from other demised real property [~~used or occu-~~ 6 ~~pied in whole or in part as a bawdy-house, or house or place of assigna-~~ 7 ~~tion for lewd persons, or~~] for purposes of prostitution activity in 8 violation of article two hundred thirty of the penal law, or for any 9 illegal trade, business or manufacture, or any domestic corporation 10 organized for the suppression of vice, subject to or which submits to 11 visitation by the state department of social services and possesses a 12 certificate from such department of such fact and of conformity with 13 regulations of the department, or any duly authorized enforcement agency 14 of the state or of a subdivision thereof, under a duty to enforce the 15 provisions of the penal law or of any state or local law, ordinance, 16 code, rule or regulation relating to buildings, may serve personally 17 upon the owner or landlord of the premises so used or occupied, or upon 18 [~~his~~] the lessee's agent, a written notice requiring the owner or land- 19 lord to make an application for the removal of the person so using or 20 occupying the same. If the owner or landlord or [~~his~~] the lessee's agent 21 does not make such application within five days thereafter; or, having 22 made it, does not in good faith diligently prosecute it, the person, 23 corporation or enforcement agency giving the notice may bring a proceed- 24 ing under this article for such removal as though the petitioner were 25 the owner or landlord of the premises, and shall have precedence over 26 any similar proceeding thereafter brought by such owner or landlord or 27 to one theretofore brought by [~~him~~] such owner or landlord and not pros- 28 ecuted diligently and in good faith. [~~Proof of the ill repute of the~~ 29 ~~demised premises or of the inmates thereof or of those resorting thereto~~ 30 ~~shall constitute presumptive evidence of the unlawful use of the demised~~ 31 ~~premises required to be stated in the petition for removal.~~] Both the 32 person in possession of the property and the owner or landlord shall be 33 made respondents in the proceeding. As used in this subdivision, "pros- 34 titution activity" shall only mean conduct in violation of article two 35 hundred thirty of the penal law on or after the effective date of a 36 chapter of the laws of two thousand twenty-three that amended this 37 subdivision. 38 2. For purposes of this section, two or more convictions of any person 39 or persons had, within a period of one year, for any of the offenses 40 described in section [~~230.00,~~] 230.05, 230.06, 230.11, 230.12, 230.13, 41 [~~230.20, 230.25,~~] 230.30, 230.32 or 230.40 of the penal law arising out 42 of conduct engaged in at the same real property consisting of a dwelling 43 as that term is defined in subdivision four of section four of the 44 multiple dwelling law shall be presumptive evidence of conduct consti- 45 tuting use of the premises for purposes of prostitution. However, this 46 subdivision shall only apply to an offense under article two hundred 47 thirty of the penal law in effect on or after the effective date of a 48 chapter of the laws of two thousand twenty-three that amended this 49 subdivision. 50 § 6. Subdivision 3 of section 231 of the real property law, as amended 51 by chapter 368 of the laws of 2015, is amended to read as follows: 52 3. For the purposes of this section, two or more convictions of any 53 person or persons had, within a period of one year, for any of the 54 offenses described in section [~~230.00,~~] 230.05, 230.06, 230.11, 230.12, 55 230.13, [~~230.20, 230.25,~~] 230.30, 230.32 or 230.40 of the penal law 56 arising out of conduct engaged in at the same premises consisting of a

A. 7175 11 1 dwelling as that term is defined in subdivision four of section four of 2 the multiple dwelling law shall be presumptive evidence of unlawful use 3 of such premises and of the owners knowledge of the same. However, this 4 subdivision shall only apply to an offense under article two hundred 5 thirty of the penal law in effect on or after the effective date of a 6 chapter of the laws of two thousand twenty-three that amended this 7 subdivision. 8 § 7. Paragraph 3 of subdivision b of section 233 of the real property 9 law, as amended by chapter 566 of the laws of 1996, is amended to read 10 as follows: 11 3. The premises, or any part thereof, are used or occupied [~~as a~~ 12 ~~bawdy-house, or house or place of assignation for lewd purposes or~~] for 13 purposes of prostitution activity in violation of article two hundred 14 thirty of the penal law, or for any illegal trade or business. As used 15 in this paragraph, "prostitution activity" shall only mean conduct in 16 violation of article two hundred thirty of the penal law on or after the 17 effective date of a chapter of the laws of two thousand twenty-three 18 that amended this paragraph. 19 § 8. Paragraphs (b) and (c) of subdivision 4 of section 509-cc of the 20 vehicle and traffic law, paragraph (b) as amended by chapter 400 of the 21 laws of 2011, paragraph (c) as amended by chapter 92 of the laws of 22 2021, are amended to read as follows: 23 (b) The offenses referred to in subparagraph (ii) of paragraph (a) of 24 subdivision one and paragraph (b) of subdivision two of this section 25 that result in permanent disqualification shall include a conviction 26 under sections 100.13, 105.15, 105.17, 115.08, 120.12, 120.70, 125.10, 27 125.11, 130.40, 130.53, 130.60, 130.65-a, 135.20, 160.15, 220.18, 28 220.21, 220.39, 220.41, 220.43, 220.44, [~~230.25,~~] 260.00, 265.04 of the 29 penal law or an attempt to commit any of the aforesaid offenses under 30 section 110.00 of the penal law, or any offenses committed under a 31 former section of the penal law which would constitute violations of the 32 aforesaid sections of the penal law, or any offenses committed outside 33 this state which would constitute violations of the aforesaid sections 34 of the penal law. 35 (c) The offenses referred to in subparagraph (i) of paragraph (b) of 36 subdivision one and subparagraph (i) of paragraph (c) of subdivision two 37 of this section that result in disqualification for a period of five 38 years shall include a conviction under sections 100.10, 105.13, 115.05, 39 120.03, 120.04, 120.04-a, 120.05, 120.10, 120.25, 121.12, 121.13, 40 [~~125.40, 125.45,~~] 130.20, 130.25, 130.52, 130.55, 135.10, 135.55, 41 140.17, 140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06, 42 220.09, 220.16, 220.31, 220.34, 220.60, 220.65, subdivision two of 43 section 222.50, subdivision two of section 222.55, [~~230.00,~~] 230.05, 44 230.06, 230.11, 230.12, 230.13, 230.19, [~~230.20,~~] 235.05, 235.06, 45 235.07, 235.21, 240.06, 245.00, 260.10, subdivision two of section 46 260.20 and sections 260.25, 265.02, 265.03, 265.08, 265.09, 265.10, 47 265.12, 265.35 of the penal law or an attempt to commit any of the afor- 48 esaid offenses under section 110.00 of the penal law, or any similar 49 offenses committed under a former section of the penal law, or any 50 offenses committed under a former section of the penal law which would 51 constitute violations of the aforesaid sections of the penal law, or any 52 offenses committed outside this state which would constitute violations 53 of the aforesaid sections of the penal law. 54 § 9. Subdivisions 1 and 2 of section 510-d of the vehicle and traffic 55 law, as amended by chapter 189 of the laws of 2018, are amended to read 56 as follows:

A. 7175 12 1 1. A class E driver's license shall be suspended by the commissioner 2 for a period of one year where the holder is convicted of a violation of 3 section [~~230.20, 230.25,~~] 230.30, 230.32, 230.34, 230.34-a or 230.40 of 4 the penal law and the holder used a for hire motor vehicle to commit 5 such crime. 6 2. A class E driver's license may be revoked by the commissioner when 7 the holder, who had his or her driver's license suspended under subdivi- 8 sion one of this section within the last ten years, is convicted of a 9 second violation of section [~~230.20, 230.25,~~] 230.30, 230.32, 230.34, 10 230.34-a or 230.40 of the penal law and the holder used a for hire motor 11 vehicle to commit such crime. 12 § 10. Subdivision (a) of section 7-703 of the administrative code of 13 the city of New York is amended to read as follows: 14 (a) Any building, erection or place, including one- or two-family 15 dwellings, used for the purpose of prostitution [~~as defined in section~~ 16 ~~230.00~~] activity in violation of article two hundred thirty of the penal 17 law. Two or more criminal convictions of persons for [~~acts of~~] prostitu- 18 tion activity in violation of article two hundred thirty of the penal 19 law in the building, erection or place, including one- or two-family 20 dwellings, within the one-year period preceding the commencement of an 21 action under this chapter, shall be presumptive evidence that the build- 22 ing, erection or place, including one- or two-family dwellings, is a 23 public nuisance. In any action under this subdivision, evidence of the 24 common fame and general reputation of the building, erection or place, 25 including one- or two-family dwellings, of the inmates or occupants 26 thereof, or of those resorting thereto, shall be competent evidence to 27 prove the existence of the public nuisance. If evidence of the general 28 reputation of the building, erection or place, including one- or two-fa- 29 mily dwellings, or of the inmates or occupants thereof, is sufficient to 30 establish the existence of the public nuisance, it shall be prima facie 31 evidence of knowledge thereof and acquiescence and participation therein 32 and responsibility for the nuisance, on the part of the owners, lessors, 33 lessees and all those in possession of or having charge of, as agent or 34 otherwise, or having any interest in any form in the property, real or 35 personal, used in conducting or maintaining the public nuisance. As used 36 in this subdivision, "prostitution activity" shall only mean conduct in 37 violation of article two hundred thirty of the penal law on or after the 38 effective date of a chapter of the laws of two thousand twenty-three 39 that amended this subdivision; 40 § 11. Subdivision f of section 20-247 of the administrative code of 41 the city of New York is amended to read as follows: 42 f. It shall be unlawful for any licensee to guide or direct any person 43 to [~~a place of ill repute, house of ill fame or assignation, or to any~~ 44 ~~house or place of amusement kept for immoral purposes, or to~~] any place 45 resorted to for the purpose of prostitution activity in violation of 46 article two hundred thirty of the penal law or gambling. It shall be 47 unlawful for any such licensee to impart any information as to the 48 location or address of any such houses or places, or to solicit the 49 patronage of any person or persons for any hotel, lodging house or 50 boarding house or place of temporary or permanent abode, or for any 51 place where refreshments are served or amusement of any type provided. 52 As used in this subdivision, "prostitution activity" shall only mean 53 conduct in violation of article two hundred thirty of the penal law on 54 or after the effective date of a chapter of the laws of two thousand 55 twenty-three that amended this subdivision.

A. 7175 13 1 § 12. This act shall take effect on the thirtieth day after it shall 2 have become a law. 3 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 4 sion, section or part of this act shall be adjudged by a court of compo- 5 nent jurisdiction to be invalid, such judgment shall not affect, impair 6 or invalidate the remainder thereof, but shall be confined in its opera- 7 tion to the clause, sentence, paragraph, subdivision, section or part 8 thereof directly involved in the controversy in which such judgment 9 shall have been rendered. It is hereby declared to be the intent of the 10 legislature that this act would have been enacted even if such invalid 11 provisions had not been included herein. 12 § 3. This act shall take effect immediately; provided, however, that 13 the applicable effective date of Parts A through C of this act shall be 14 as specifically set forth in the last section of such Parts.

Relates to the decriminalization of sex work; repealer

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