Bill Text: NY A06983 | 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: Strong Partisan Bill (Democrat 36-2)

Status: (Engrossed) 2019-06-13 - REFERRED TO RULES [A06983 Detail]

Download: New_York-2019-A06983-Amended.html

                STATE OF NEW YORK


                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      April 3, 2019

        Introduced  by  M.  of A. GOTTFRIED, PAULIN, NIOU, FAHY, HEVESI, SAYEGH,
          ORTIZ, REYES, COOK, SIMON, RAYNOR, WALCZYK, RIVERA --  Multi-Sponsored
          by  --  M. of A.  DenDEKKER -- read once and referred to the Committee
          on Codes -- 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, 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

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

        A. 6983--A                          2

     1  offense  was  a  result of having been a victim of sex trafficking under
     2  section 230.34 of the penal  law,  sex  trafficking  of  a  child  under
     3  section  230.34-a  of  the  penal  law,  labor trafficking under section
     4  135.35  of  the  penal  law,  aggravated labor trafficking under section
     5  135.37 of the penal law, compelling prostitution under section 230.33 of
     6  the penal law, or trafficking in persons under the  Trafficking  Victims
     7  Protection Act (United States Code, title 22, chapter 78); provided that
     8    (i)  [a  motion under this paragraph shall be made with due diligence,
     9  after the defendant has ceased to be a victim  of  such  trafficking  or
    10  compelling prostitution crime or has sought services for victims of such
    11  trafficking  or  compelling  prostitution  crime,  subject to reasonable
    12  concerns for the safety of the defendant, family members of the  defend-
    13  ant,  or  other  victims  of such trafficking or compelling prostitution
    14  crime that may be jeopardized by the bringing of  such  motion,  or  for
    15  other reasons consistent with the purpose of this paragraph; and
    16    (ii)]  official documentation of the defendant's status as a victim of
    17  sex  trafficking,  labor  trafficking,  aggravated  labor   trafficking,
    18  compelling  prostitution,  or  trafficking in persons at the time of the
    19  offense from a federal, state or local government agency shall create  a
    20  presumption  that  the  defendant's  participation  in the offense was a
    21  result of having been a victim of sex  trafficking,  labor  trafficking,
    22  aggravated  labor trafficking, compelling prostitution or trafficking in
    23  persons, but shall not be required for  granting  a  motion  under  this
    24  paragraph; [or]
    25    (ii) a motion under this paragraph, and all pertinent papers and docu-
    26  ments, shall be confidential and may not be made available to any person
    27  or  public or private entity except where specifically authorized by the
    28  court; and
    29    (iii) when a motion if filed under this paragraph, the court may, upon
    30  the consent of the petitioner and all of the state and local  prosecuto-
    31  rial agencies that prosecuted each matter, consolidate into one proceed-
    32  ing  a motion to vacate judgments imposed by distinct or multiple crimi-
    33  nal courts; or
    34    § 3. Subdivision 6 of section 440.10 of the criminal procedure law, as
    35  added by chapter 332 of the laws of 2010, is amended to read as follows:
    36    6. If the court grants a motion under paragraph (i) of subdivision one
    37  of this section, it must vacate the judgment on the merits  because  the
    38  defendant's  participation  in the offense was a result of having been a
    39  victim of trafficking, and dismiss the accusatory  instrument,  and  may
    40  take such additional action as is appropriate in the circumstances.
    41    §  4.  This  act shall take effect immediately; provided that subpara-
    42  graph (ii) of paragraph (i) of subdivision 1 of section  440.10  of  the
    43  criminal  procedure law, as added by section two of this act, shall take
    44  effect on the sixtieth day after it shall have become a law.