STATE OF NEW YORK
________________________________________________________________________
459
2021-2022 Regular Sessions
IN ASSEMBLY
(Prefiled)
January 6, 2021
___________
Introduced by M. of A. GOTTFRIED, PAULIN, NIOU, FAHY, HEVESI, SAYEGH,
L. ROSENTHAL, KIM, QUART, EPSTEIN, AUBRY, WALKER, CRUZ, STECK, PERRY,
DICKENS, HUNTER, REYES, COOK, SIMON, DARLING, WALCZYK, J. RIVERA,
SEAWRIGHT, FERNANDEZ, GLICK, O'DONNELL, CARROLL, TAYLOR, BRONSON, OTIS
-- 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.
LBD00354-01-1
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.