Bill Text: NY A03976 | 2017-2018 | General Assembly | Amended
Bill Title: Provides for confidentiality of records in proceedings to vacate convictions for offenses resulting from sex or labor trafficking and compelling prostitution.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2018-06-13 - reported referred to rules [A03976 Detail]
Download: New_York-2017-A03976-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 3976--A 2017-2018 Regular Sessions IN ASSEMBLY January 30, 2017 ___________ Introduced by M. of A. GOTTFRIED, PAULIN, D'URSO -- read once and referred to the Committee on Codes -- recommitted to the Committee on Codes in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the criminal procedure law, in relation to confidential- ity of records in proceedings to vacate convictions for offenses resulting from sex trafficking, labor trafficking and compelling pros- titution The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (i) of subdivision 1 of section 440.10 of the 2 criminal procedure law, as amended by chapter 368 of the laws of 2015, 3 is amended to read as follows: 4 (i) The judgment is a conviction where the arresting charge was under 5 section 240.37 (loitering for the purpose of engaging in a prostitution 6 offense, provided that the defendant was not alleged to be loitering for 7 the purpose of patronizing a person for prostitution or promoting pros- 8 titution) or 230.00 (prostitution) or 230.03 (prostitution in a school 9 zone) of the penal law, and the defendant's participation in the offense 10 was a result of having been a victim of sex trafficking under section 11 230.34 of the penal law, labor trafficking under section 135.35 of the 12 penal law, aggravated labor trafficking under section 135.37 of the 13 penal law, compelling prostitution under section 230.33 of the penal 14 law, or trafficking in persons under the Trafficking Victims Protection 15 Act (United States Code, title 22, chapter 78); provided that 16 (i) a motion under this paragraph shall be made with due diligence, 17 after the defendant has ceased to be a victim of such trafficking or 18 compelling prostitution crime or has sought services for victims of such 19 trafficking or compelling prostitution crime, subject to reasonable 20 concerns for the safety of the defendant, family members of the defend- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02695-02-8A. 3976--A 2 1 ant, or other victims of such trafficking or compelling prostitution 2 crime that may be jeopardized by the bringing of such motion, or for 3 other reasons consistent with the purpose of this paragraph; [and] 4 (ii) official documentation of the defendant's status as a victim of 5 trafficking, labor trafficking, aggravated labor trafficking, compelling 6 prostitution, or trafficking in persons at the time of the offense from 7 a federal, state or local government agency shall create a presumption 8 that the defendant's participation in the offense was a result of having 9 been a victim of sex trafficking, labor trafficking, aggravated labor 10 trafficking, compelling prostitution or trafficking in persons, but 11 shall not be required for granting a motion under this paragraph; and 12 (iii) a motion under this paragraph, and all pertinent papers and 13 documents, shall be confidential and may not be made available to any 14 person or public or private agency except where specifically authorized 15 by court order; provided, however, that availability of copies of a 16 motion under this paragraph and all pertinent papers and documents shall 17 be made available to the defendant or their authorized representative 18 upon request. 19 § 2. This act shall take effect on the sixtieth day after it shall 20 have become a law.
