Bill Text: NY S04981 | 2019-2020 | General Assembly | Amended

Bill Title: Relates to proceedings to vacate convictions for offenses resulting from sex trafficking, labor trafficking and compelling prostitution and provides for confidentiality of records of such proceedings.

Spectrum: Partisan Bill (Democrat 16-0)

Status: (Introduced) 2019-06-20 - COMMITTED TO RULES [S04981 Detail]

Download: New_York-2019-S04981-Amended.html

                STATE OF NEW YORK

            Cal. No. 589

                               2019-2020 Regular Sessions

                    IN SENATE

                                      April 3, 2019

          ordered printed, and when printed to be committed to the Committee  on
          Codes  -- reported favorably from said committee, ordered to first and
          second report,  ordered  to  a  third  reading,  amended  and  ordered
          reprinted, retaining its place in the order of third reading

        AN  ACT  to  amend  the  criminal procedure law, in relation to vacating
          convictions for offenses resulting from sex trafficking,  labor  traf-
          ficking and compelling prostitution

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

     1    Section 1. Legislative intent. The purpose of this legislation  is  to
     2  strengthen  protection  for  the victims of sex trafficking, labor traf-
     3  ficking, compelling prostitution and trafficking  in  persons,  who  are
     4  convicted  of  a  range  of  offenses as a result of that trafficking or
     5  compelling. New York's landmark law offering the vacating of convictions
     6  for prostitution-related offenses that were a result of this trafficking
     7  has been the model for laws in more than half of  the  states.  However,
     8  several  states wisely offer this relief to victims who may be compelled
     9  to participate in other offenses as well. This legislation would  follow
    10  that example.
    11    §  2. Paragraph (i) of subdivision 1 of section 440.10 of the criminal
    12  procedure law, as amended by section 3 of part OO of chapter 55  of  the
    13  laws of 2019, is amended to read as follows:
    14    (i) The judgment is a conviction where [the arresting charge was under
    15  section  240.37 (loitering for the purpose of engaging in a prostitution
    16  offense, provided that the defendant was not alleged to be loitering for
    17  the purpose of patronizing a person for prostitution or promoting  pros-
    18  titution)  or  230.00 (prostitution) or 230.03 (prostitution in a school
    19  zone) of the penal  law,  and]  the  defendant's  participation  in  the
    20  offense  was  a  result of having been a victim of sex trafficking under

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

        S. 4981--A                          2

     1  section 230.34 of the penal  law,  sex  trafficking  of  a  child  under
     2  section  230.34-a  of  the  penal  law,  labor trafficking under section
     3  135.35 of the penal law,  aggravated  labor  trafficking  under  section
     4  135.37 of the penal law, compelling prostitution under section 230.33 of
     5  the  penal  law, or trafficking in persons under the Trafficking Victims
     6  Protection Act (United States Code, title 22, chapter 78); provided that
     7    (i) [a motion under this paragraph shall be made with  due  diligence,
     8  after  the  defendant  has  ceased to be a victim of such trafficking or
     9  compelling prostitution crime or has sought services for victims of such
    10  trafficking or compelling  prostitution  crime,  subject  to  reasonable
    11  concerns  for the safety of the defendant, family members of the defend-
    12  ant, or other victims of such  trafficking  or  compelling  prostitution
    13  crime  that  may  be  jeopardized by the bringing of such motion, or for
    14  other reasons consistent with the purpose of this paragraph; and
    15    (ii)] official documentation of the defendant's status as a victim  of
    16  sex   trafficking,  labor  trafficking,  aggravated  labor  trafficking,
    17  compelling prostitution, or trafficking in persons at the  time  of  the
    18  offense  from a federal, state or local government agency shall create a
    19  presumption that the defendant's participation  in  the  offense  was  a
    20  result  of  having  been a victim of sex trafficking, labor trafficking,
    21  aggravated labor trafficking, compelling prostitution or trafficking  in
    22  persons,  but  shall  not  be  required for granting a motion under this
    23  paragraph; [or]
    24    (ii) a motion under this paragraph, and all pertinent papers and docu-
    25  ments, shall be confidential and may not be made available to any person
    26  or public or private entity except where specifically authorized by  the
    27  court; and
    28    (iii) when a motion if filed under this paragraph, the court may, upon
    29  the  consent of the petitioner and all of the state and local prosecuto-
    30  rial agencies that prosecuted each matter, consolidate into one proceed-
    31  ing a motion to vacate judgments imposed by distinct or multiple  crimi-
    32  nal courts; or
    33    § 3. Subdivision 6 of section 440.10 of the criminal procedure law, as
    34  added by chapter 332 of the laws of 2010, is amended to read as follows:
    35    6. If the court grants a motion under paragraph (i) of subdivision one
    36  of  this  section, it must vacate the judgment on the merits because the
    37  defendant's participation in the offense was a result of having  been  a
    38  victim  of  trafficking,  and dismiss the accusatory instrument, and may
    39  take such additional action as is appropriate in the circumstances.
    40    § 4. This act shall take effect immediately;  provided  that  subpara-
    41  graph  (ii)  of  paragraph (i) of subdivision 1 of section 440.10 of the
    42  criminal procedure law, as added by section two of this act, shall  take
    43  effect on the sixtieth day after it shall have become a law.