Bill Text: NY A00459 | 2021-2022 | General Assembly | Introduced

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 49-1)

Status: (Engrossed) 2021-05-25 - RETURNED TO ASSEMBLY [A00459 Detail]

Download: New_York-2021-A00459-Introduced.html

                STATE OF NEW YORK


                               2021-2022 Regular Sessions

                   IN ASSEMBLY


                                     January 6, 2021

        Introduced  by  M.  of A. GOTTFRIED, PAULIN, NIOU, FAHY, HEVESI, SAYEGH,
          -- read once and referred to the Committee on Codes

        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:
    16    (i) The judgment is a conviction where [the arresting charge was under
    17  section 240.37 (loitering for the purpose of engaging in a  prostitution
    18  offense, provided that the defendant was not alleged to be loitering for
    19  the  purpose of patronizing a person for prostitution or promoting pros-
    20  titution) or 230.00 (prostitution) or 230.03 (prostitution in  a  school

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

        A. 459                              2

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