Proposed Repeal Is Push Toward Legal Prostitution

This article was updated on February 2, 2021.

A proposal to repeal the crime of loitering for prostitution is advancing in each house of the State Legislature.

Bill S.1351-Hoylman/A.3355-Paulin would repeal Penal Law § 247, which bans loitering in a public place for the purpose of (a) engaging in prostitution; (b) patronizing a person for prostitution; or (c) promoting prostitution.

The bill’s sponsors argue that this statute is unnecessary, is disproportionately enforced against certain minority groups, and has been used to arrest and prosecute innocent persons. This argument is based on anecdotal evidence and on statistics that are subject to interpretation. Even if the argument is correct, however, the repeal of § 247 is not the appropriate remedy. If a law is unjust, it should be repealed. If a just law is unfairly enforced, the solution to that problem is to work with law enforcement to correct the unfairness.

In recent days, the Senate Codes Committee voted 8-4-1 to approve S.1351-Hoylman/A.3555-Paulin. Also, the Assembly Codes Committee voted 16-6 to approve the bill. The votes fell along party lines, with Democrats in favor of the legislation and Republicans opposing it. (Committee votes are posted below.)

Gov. Andrew Cuomo has included similar legislation in his 2021-2022 budget proposal (see S.2505-Budget/A.3005-Budget (Part G)).

Penal Law § 247 should not be repealed. Repealing this statute would make it more difficult to police areas where prostitution is common. Furthermore, allowing loitering for purposes of prostitution would be detrimental to New York’s neighborhoods and, by extension, to New Yorkers and their families. This bill is nothing more than a stepping stone toward the full legalization of prostitution. Members of the Legislature should recognize this and vote “no.”

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Decriminalization of the Act of Loitering for Purposes of Prostitution (S.1351-Hoylman)

Senate Codes Committee Vote, January 25, 2021

Ayes: Bailey, Benjamin, Biaggi, Brisport, Kaminsky, Kavanaugh, Myrie, and Savino

Nays: Akshar, Gallivan, O’Mara, and Palumbo

Aye Without Recommendation (AWR): Cooney

Decriminalization of the Act of Loitering for Purposes of Prostitution (A.3355-Paulin)

Assembly Codes Committee, January 26, 2021

Ayes: Abinanti, Dinowitz, Cook, Cruz, Cymbrowitz, Fahy, Hevesi, Lavine, O’Donnell, Perry, Pretlow, Rosenthal, Seawright, Vanel, Walker, and Weprin

Nays: Giglio, Mikulin, Montesano, Morinello, Reilly and Tannousis

UPDATE:

On February 2, 2021, Bill S.1351-Hoylman/A.3355-Paulin passed both houses of the State Legislature and was signed into law by Gov. Andrew Cuomo. The Senate vote was 43-20, while the Assembly vote was 104-45. The voting largely fell along party lines. In the Senate, all Democrats voted “yea” except Sen. Simcha Felder (D-Brooklyn), who voted “nay”; all Republicans voted “nay” except Sen. Andrew Lanza (R-Staten Island), who voted “yea.”