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 18-0)

Status: (Introduced) 2020-01-22 - PRINT NUMBER 4981B [S04981 Detail]

Download: New_York-2019-S04981-Amended.html

                STATE OF NEW YORK


                               2019-2020 Regular Sessions

                    IN SENATE

                                      April 3, 2019

          RIVERA,  SEPULVEDA, SERRANO, STAVISKY -- read twice and ordered print-
          ed, 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 -- recommitted to
          the Committee on Codes in accordance with Senate Rule  6,  sec.  8  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee

        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 and subparagraph (ii) of paragraph (i) of subdivision 1  as
    14  amended  by  chapter  131  of  the  laws  of 2019, is amended to read as
    15  follows:

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

        S. 4981--B                          2

     1    (i) The judgment is a conviction where [the arresting charge was under
     2  section 240.37 (loitering for the purpose of engaging in a  prostitution
     3  offense, provided that the defendant was not alleged to be loitering for
     4  the  purpose of patronizing a person for prostitution or promoting pros-
     5  titution)  or  230.00 (prostitution) or 230.03 (prostitution in a school
     6  zone) of the penal  law,  and]  the  defendant's  participation  in  the
     7  offense  was  a  result of having been a victim of sex trafficking under
     8  section 230.34 of the penal  law,  sex  trafficking  of  a  child  under
     9  section  230.34-a  of  the  penal  law,  labor trafficking under section
    10  135.35 of the penal law,  aggravated  labor  trafficking  under  section
    11  135.37 of the penal law, compelling prostitution under section 230.33 of
    12  the  penal  law, or trafficking in persons under the Trafficking Victims
    13  Protection Act (United States Code, title 22, chapter 78); provided that
    14    (i) [a motion under this paragraph shall be made with  due  diligence,
    15  after  the  defendant  has  ceased to be a victim of such trafficking or
    16  compelling prostitution crime or has sought services for victims of such
    17  trafficking or compelling  prostitution  crime,  subject  to  reasonable
    18  concerns  for the safety of the defendant, family members of the defend-
    19  ant, or other victims of such  trafficking  or  compelling  prostitution
    20  crime  that  may  be  jeopardized by the bringing of such motion, or for
    21  other reasons consistent with the purpose of this paragraph; and
    22    (ii)] official documentation of the defendant's status as a victim  of
    23  sex   trafficking,  labor  trafficking,  aggravated  labor  trafficking,
    24  compelling prostitution, or trafficking in persons at the  time  of  the
    25  offense  from a federal, state or local government agency shall create a
    26  presumption that the defendant's participation  in  the  offense  was  a
    27  result  of  having  been a victim of sex trafficking, labor trafficking,
    28  aggravated labor trafficking, compelling prostitution or trafficking  in
    29  persons,  but  shall  not  be  required for granting a motion under this
    30  paragraph;
    31    (ii) a motion under this paragraph, and all pertinent papers and docu-
    32  ments, shall be confidential and may not be made available to any person
    33  or public or private entity except where specifically authorized by  the
    34  court; and
    35    (iii) when a motion is filed under this paragraph, the court may, upon
    36  the  consent of the petitioner and all of the state and local prosecuto-
    37  rial agencies that prosecuted each matter, consolidate into one proceed-
    38  ing a motion to vacate judgments imposed by distinct or multiple  crimi-
    39  nal courts; or
    40    § 3. Subdivision 6 of section 440.10 of the criminal procedure law, as
    41  amended  by  chapter  131  of  the  laws  of 2019, is amended to read as
    42  follows:
    43    6. If the court grants a motion under paragraph (i) or  paragraph  (k)
    44  of  subdivision  one  of  this  section, it must vacate the judgment and
    45  dismiss the accusatory instrument, and may take such  additional  action
    46  as  is appropriate in the circumstances. In the case of a motion granted
    47  under paragraph (i) of subdivision one of this section, the  court  must
    48  vacate  the judgment on the merits because the defendant's participation
    49  in the offense was a result of having been a victim of trafficking.
    50    § 4. This act shall take effect immediately;  provided  that  subpara-
    51  graph  (ii)  of  paragraph (i) of subdivision 1 of section 440.10 of the
    52  criminal procedure law, as added by section two of this act, shall  take
    53  effect on the sixtieth day after it shall have become a law.