Bill Text: NY S02233 | 2021-2022 | General Assembly | Amended

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Bill Title: Provides immunity from prosecution for certain individuals engaged in prostitution who are victims of or witnesses to a crime and who report such crime or assist in the investigation or prosecution.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CODES [S02233 Detail]

Download: New_York-2021-S02233-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         2233--A

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 20, 2021
                                       ___________

        Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
          printed  to  be  committed  to  the  Committee  on  Codes -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN ACT to amend the penal law, in relation  to  individuals  engaged  in
          prostitution who are victims of or witnesses to a crime

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

     1    Section 1. The penal law is amended by adding a new section 230.45  to
     2  read as follows:
     3  § 230.45 Immunity from prosecution.
     4    This section applies where a person is the victim of or a witness to a
     5  crime  (including an individual who becomes aware that another person is
     6  a victim of a crime), and has engaged or is alleged to have  engaged  in
     7  an  act prohibited under section 230.00, 230.03, or 230.40 of this chap-
     8  ter at or in reasonable proximity to the time  of  the  crime  or  under
     9  circumstances  reasonably  related to the crime, and, in good faith, (a)
    10  reports the crime to a criminal law enforcement  agency,  (b)  seeks  or
    11  receives  health  care services as a result of the crime, or (c) assists
    12  or attempts to assist in the investigation or prosecution of the  crime.
    13  No  such  victim  or witness to the crime shall be charged or prosecuted
    14  for the offense under section 230.00, 230.03, or 230.40 of this chapter.
    15  As used in this section, "crime" shall include an  act  that  reasonably
    16  appears  to be a crime, regardless of whether it results in a conviction
    17  as a crime.
    18    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    19  have  become  a  law,  and  shall apply to any prosecution pending on or
    20  after the time it shall take effect.


         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00486-03-1