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
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. LBD00613-01-9A. 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 the10purpose 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 to16be 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.