Bill Text: NY A00459 | 2019-2020 | General Assembly | Amended


Bill Title: Specifies that a person convicted of loitering for the purpose of engaging in prostitution, a person convicted of prostitution, or a person whose participation in the offense is determined by a court to be a result of having been a victim of sex trafficking is excluded from the definition of designated offender.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Engrossed) 2019-04-09 - REFERRED TO CODES [A00459 Detail]

Download: New_York-2019-A00459-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         459--A
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  M. of A. PAULIN, MOSLEY, M. G. MILLER, CROUCH, GOTTFRIED
          -- read once and referred to  the  Committee  on  Codes  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
        AN  ACT  to  amend  the executive law and the criminal procedure law, in
          relation to the definition of designated offender
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision  7  of  section  995 of the executive law, as
     2  amended by chapter 19 of the  laws  of  2012,  is  amended  to  read  as
     3  follows:
     4    7.  "Designated  offender"  means  a  person  convicted  of any felony
     5  defined in any chapter of the laws  of  the  state  or  any  misdemeanor
     6  defined  in the penal law except: (a) that where the person is convicted
     7  under section 221.10 of the penal law, only  a  person  convicted  under
     8  subdivision two of such section, or a person convicted under subdivision
     9  one  of  such  section  who  stands previously convicted of any crime as
    10  defined in subdivision six of section 10.00 of  the  penal  law[.];  and
    11  (b)(i)  a  person  convicted of loitering for the purpose of engaging in
    12  prostitution under subdivision two of section 240.37 of the  penal  law,
    13  (ii)  a  person  convicted  of  prostitution under section 230.00 of the
    14  penal law, or (iii) a person  whose  participation  in  the  offense  is
    15  determined  by  a court to have been a result of having been a victim of
    16  sex trafficking under section 230.34 of the penal law,  sex  trafficking
    17  of  a  child  under section 230.34-a of the penal law, or trafficking in
    18  persons under the trafficking  victims  protection  act  (United  States
    19  Code, Title 22, Chapter 78).
    20    § 2. Subdivision 2 of section 420.35 of the criminal procedure law, as
    21  amended  by  chapter  189  of  the  laws  of 2018, is amended to read as
    22  follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00613-02-9

        A. 459--A                           2
     1    2. Under no circumstances shall the mandatory surcharge, sex  offender
     2  registration fee, DNA databank fee or the crime victim assistance fee be
     3  waived  provided,  however,  that  a  court  may  waive the crime victim
     4  assistance fee if such defendant is an  eligible  youth  as  defined  in
     5  subdivision two of section 720.10 of this chapter, and the imposition of
     6  such  fee  would  work an unreasonable hardship on the defendant, his or
     7  her immediate family, or any other  person  who  is  dependent  on  such
     8  defendant  for  financial  support.  A  court  shall waive any mandatory
     9  surcharge, DNA databank fee and crime victim assistance  fee  when:  (i)
    10  the  defendant  is convicted of loitering for the purpose of engaging in
    11  prostitution under subdivision two of section 240.37 of  the  penal  law
    12  [(provided  that  the  defendant  was not convicted of loitering for the
    13  purpose of patronizing a person for prostitution)]; (ii)  the  defendant
    14  is  convicted  of  prostitution  under  section 230.00 of the penal law;
    15  (iii) the defendant is convicted  of  a  violation  in  the  event  such
    16  conviction  is  in lieu of a plea to or conviction for loitering for the
    17  purpose of engaging in prostitution under  subdivision  two  of  section
    18  240.37 of the penal law [(provided that the defendant was not alleged to
    19  be  loitering for the purpose of patronizing a person for prostitution)]
    20  or prostitution under section 230.00 of the penal  law;  [or]  (iv)  the
    21  court  finds  that  a  defendant  is  a  victim of sex trafficking under
    22  section 230.34 of the penal law or a victim of  trafficking  in  persons
    23  under  the trafficking victims protection act (United States Code, Title
    24  22, Chapter 78); or (v) the court finds that the defendant is  a  victim
    25  of sex trafficking of a child under section 230.34-a of the penal law.
    26    § 3. This act shall take effect immediately.
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