STATE OF NEW YORK
________________________________________________________________________
4981--A
Cal. No. 589
2019-2020 Regular Sessions
IN SENATE
April 3, 2019
___________
Introduced by Sens. RAMOS, SALAZAR, BAILEY, GOUNARDES, HOYLMAN, JACKSON,
KRUEGER, LIU, MONTGOMERY, RIVERA, SERRANO, STAVISKY -- read twice and
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.
LBD03508-04-9
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.