Amendment Concerning Loitering
LAWS OF NEW YORK, 2010
CHAPTER 232


AN ACT to amend the penal law, the alcoholic beverage control law, the
criminal procedure law, the executive law and the general business
law, in relation to loitering; and to repeal certain provisions of the
penal law relating thereto


Became a law July 30, 2010, with the approval of the Governor.
Passed by a two-thirds vote.


The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:


Section 1. Subdivisions 1, 3 and 7 of section 240.35 of the penal law
are REPEALED.

§ 2. Paragraph (b) of subdivision 17 of section 265.00 of the penal
law, as amended by section 11 of chapter 635 of the laws of 1999, is
amended to read as follows:

(b) any of the following offenses defined in the penal law: illegally
using, carrying or possessing a pistol or other dangerous weapon;
possession of burglar's tools; criminal possession of stolen property in
the third degree; escape in the third degree; jostling; fraudulent
accosting; [that kind of loitering defined in subdivision three of
section 240.35;
] endangering the welfare of a child; the offenses
defined in article two hundred thirty-five; issuing abortional articles;
permitting prostitution; promoting prostitution in the third degree;
stalking in the fourth degree; stalking in the third degree; the
offenses defined in article one hundred thirty; the offenses defined in
article two hundred twenty.

§ 3. Paragraph (b) of subdivision 17 of section 265.00 of the penal
law, as amended by section 15 of chapter 635 of the laws of 1999, is
amended to read as follows:

(b) any of the following offenses defined in the penal law: illegally
using, carrying or possessing a pistol or other dangerous weapon;
possession of burglar's tools; criminal possession of stolen property in
the third  degree; escape in the third degree; jostling; fraudulent
accosting; [that kind of loitering defined in subdivision three of
section 240.35;
] endangering the welfare of a child; the offenses
defined in article two hundred thirty-five; issuing abortional articles;
permitting prostitution; promoting prostitution in the third degree;
stalking in the third degree; stalking in the fourth degree; the
offenses defined in article one hundred thirty; the offenses defined in
article two hundred twenty.

§ 4. Paragraph (g) of subdivision 2 of section 102 of the alcoholic
beverage control law, as amended by chapter 340 of the laws of 1972, is
amended to read as follows:

(g) Violating subdivisions six, [eight,] ten or eleven of section
seven hundred twenty-two of the former penal law as in force and effect
immediately prior to September first, nineteen hundred sixty-seven, or
violating sections 165.25[,] or 165.30 [or subdivision three of section
240.35
] of the penal law;


§ 5. Paragraphs (d) and (e) of subdivision 1 of section 160.10 of the
criminal procedure law, paragraph (d) as amended and paragraph (e) as
added by chapter 344 of the laws of 1976, are amended to read as
follows:

(d) [Loitering, as defined in subdivision three of section 240.35 of
the penal law; or

(e)] Loitering for the purpose of engaging in a prostitution offense
as defined in subdivision two of section 240.37 of the penal law.

§ 6. Subdivision (g) of section 130 of the executive law, as amended
by chapter 680 of the laws of 1967, is amended to read as follows:

(g) violating sections two hundred seventy, two hundred seventy-a, two
hundred seventy-b, two hundred seventy-c, two hundred seventy-one, two
hundred seventy-five, two hundred seventy-six, five hundred fifty, five
hundred fifty-one, five hundred fifty-one-a and subdivisions six,
[eight,] ten or eleven of section seven hundred twenty-two of the former
penal law as in force and effect immediately prior to September first,
nineteen hundred sixty-seven, or violating sections 165.25, 165.30[,] or
subdivision one of section 240.30[, subdivision three of section 240.35]
of the penal law, or violating sections four hundred seventy-eight, four
hundred seventy-nine, four hundred eighty, four hundred eighty-one, four
hundred eighty-four, four hundred eighty-nine and four hundred ninety-
one of the judiciary law; or

§ 7. Paragraph (g) of subdivision 2 of section 74 of the general busi-
ness law, as amended by chapter 680 of the laws of 1967, is amended to
read as follows:

(g) violating [subdivisions] subdivision six [or eight,] of section
seven hundred twenty-two of the former penal law as in force and effect
immediately prior to September first, nineteen hundred sixty-seven, or
violating [sections] section 165.25[,] or 165.30 [or subdivision three
of section 240.35
] of the penal law;

§ 8. This act shall take effect immediately.


The Legislature of the STATE OF NEW YORK ss:
Pursuant to the authority vested in us by section 70-b of the Public
Officers Law, we hereby jointly certify that this slip copy of this
session law was printed under our direction and, in accordance with such
section, is entitled to be read into evidence.


MALCOLM A. SMITH
Temporary President of the Senate

SHELDON SILVER
Speaker of the Assembly


EXPLANATION--Matter in italics is new; matter in brackets [ ] is old law to be omitted.