Senate Bill S8107A

2017-2018 Legislative Session

Repeals section 240.37 of the penal law, relating to loitering for the purpose of engaging in a prostitution offense

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Archive: Last Bill Status - In Senate Committee Codes Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2017-S8107 - Details

See Assembly Version of this Bill:
A9704
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Rpld §240.37, amd §230.01, Pen L; amd §§60.47, 160.10, 170.30, 170.80, 420.35, 720.15 & 720.35, CP L; amd §447-a, Soc Serv L; amd §3-118, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:
2019-2020: S2253, A654
2021-2022: S1351, A3355

2017-S8107 - Summary

Repeals provisions relating to loitering for the purpose of engaging in a prostitution offense; makes technical corrections relating thereto.

2017-S8107 - Sponsor Memo

2017-S8107 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8107
 
                             I N  S E N A T E
 
                              March 29, 2018
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to repeal section 240.37 of the penal law, relating to  loitering
   for  the  purpose  of engaging in a prostitution offense; and to amend
   the penal law, the criminal procedure law, the social services law and
   the administrative code of the city of New York, in relation to making
   technical corrections relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 240.37 of the penal law is REPEALED.
   §  2.  Section 230.01 of the penal law, as added by chapter 368 of the
 laws of 2015, is amended to read as follows:
 § 230.01 Prostitution; affirmative defense.
   In any prosecution under  section  230.00[,]  OR  section  230.03  [or
 subdivision  two  of  section 240.37] of this part, 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 trafficking under section 230.34 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 60.47 of the criminal procedure law, as added by section
 2 of part I of chapter 57 of the laws of 2015, is  amended  to  read  as
 follows:
 § 60.47 Possession of condoms; receipt into evidence.
   Evidence  that  a  person was in possession of one or more condoms may
 not be admitted at any trial, hearing, or other proceeding in  a  prose-
 cution  for  section 230.00 [or section 240.37] of the penal law for the
 purpose of establishing probable cause for  an  arrest  or  proving  any
 person's commission or attempted commission of such offense.
   §  4. 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

2017-S8107A (ACTIVE) - Details

See Assembly Version of this Bill:
A9704
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Rpld §240.37, amd §230.01, Pen L; amd §§60.47, 160.10, 170.30, 170.80, 420.35, 720.15 & 720.35, CP L; amd §447-a, Soc Serv L; amd §3-118, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:
2019-2020: S2253, A654
2021-2022: S1351, A3355

2017-S8107A (ACTIVE) - Summary

Repeals provisions relating to loitering for the purpose of engaging in a prostitution offense; makes technical corrections relating thereto.

2017-S8107A (ACTIVE) - Sponsor Memo

2017-S8107A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8107--A
 
                             I N  S E N A T E
 
                              March 29, 2018
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Codes  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT to repeal section 240.37 of the penal law, relating to loitering
   for the purpose of engaging in a prostitution offense;  and  to  amend
   the penal law, the criminal procedure law, the social services law and
   the administrative code of the city of New York, in relation to making
   technical corrections relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The repeal of section 240.37 of the penal law, as  effected
 by  section  two of this act, is hereby declared to be ameliorative, and
 it is the intent of the  legislature  that  no  prosecution  under  such
 section be commenced, continued, or refiled.
   § 2. Section 240.37 of the penal law is REPEALED.
   §  3.  Section 230.01 of the penal law, as added by chapter 368 of the
 laws of 2015, is amended to read as follows:
 § 230.01 Prostitution; affirmative defense.
   In any prosecution under  section  230.00[,]  OR  section  230.03  [or
 subdivision  two  of  section 240.37] of this part, 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 trafficking under section 230.34 of this article or a
 victim  of  trafficking  in  persons  under  the   trafficking   victims
 protection act (United States Code, Title 22, Chapter 78).
   §  4. Section 60.47 of the criminal procedure law, as added by section
 2 of part I of chapter 57 of the laws of 2015, is  amended  to  read  as
 follows:
 § 60.47 Possession of condoms; receipt into evidence.
   Evidence  that  a  person was in possession of one or more condoms may
 not be admitted at any trial, hearing, or other proceeding in  a  prose-
 cution  for  section 230.00 [or section 240.37] of the penal law for the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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