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

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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 - Dead) 2020-01-08 - ordered to third reading cal.24 [A00459 Detail]

Download: New_York-2019-A00459-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           459
                               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
        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 or trafficking in
    17  persons under the trafficking  victims  protection  act  (United  States
    18  Code, Title 22, Chapter 78).
    19    § 2. Subdivision 2 of section 420.35 of the criminal procedure law, as
    20  amended  by  chapter  189  of  the  laws  of 2018, is amended to read as
    21  follows:
    22    2. Under no circumstances shall the mandatory surcharge, sex  offender
    23  registration fee, DNA databank fee or the crime victim assistance fee be
    24  waived  provided,  however,  that  a  court  may  waive the crime victim
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00613-01-9

        A. 459                              2
     1  assistance fee if such defendant is an  eligible  youth  as  defined  in
     2  subdivision two of section 720.10 of this chapter, and the imposition of
     3  such  fee  would  work an unreasonable hardship on the defendant, his or
     4  her  immediate  family,  or  any  other  person who is dependent on such
     5  defendant for financial support.  A  court  shall  waive  any  mandatory
     6  surcharge,  DNA  databank  fee and crime victim assistance fee when: (i)
     7  the defendant is convicted of loitering for the purpose of  engaging  in
     8  prostitution  under  subdivision  two of section 240.37 of the penal law
     9  [(provided that the defendant was not convicted  of  loitering  for  the
    10  purpose  of  patronizing a person for prostitution)]; (ii) the defendant
    11  is convicted of prostitution under section  230.00  of  the  penal  law;
    12  (iii)  the  defendant  is  convicted  of  a  violation in the event such
    13  conviction is in lieu of a plea to or conviction for loitering  for  the
    14  purpose  of  engaging  in  prostitution under subdivision two of section
    15  240.37 of the penal law [(provided that the defendant was not alleged to
    16  be loitering for the purpose of patronizing a person for  prostitution)]
    17  or  prostitution  under  section  230.00 of the penal law; [or] (iv) the
    18  court finds that a defendant  is  a  victim  of  sex  trafficking  under
    19  section  230.34  of  the penal law or a victim of trafficking in persons
    20  under the trafficking victims protection act (United States Code,  Title
    21  22,  Chapter  78); or (v) the court finds that the defendant is a victim
    22  of sex trafficking of a child under section 230.34-a of the penal law.
    23    § 3. This act shall take effect immediately.
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