Bill Text: NY S03370 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Specifies that a person convicted of loitering for the purpose of engaging in prostitution, a person convicted of prostitution, or a person whose participation in the offense is determined by a court to be a result of having been a victim of sex trafficking is excluded from the definition of designated offender.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO INTERNET AND TECHNOLOGY [S03370 Detail]

Download: New_York-2019-S03370-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3370
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 6, 2019
                                       ___________
        Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Internet and Technology
        AN ACT to amend the executive law and the  criminal  procedure  law,  in
          relation to the definition of designated offender
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 7 of section  995  of  the  executive  law,  as
     2  amended  by  chapter  19  of  the  laws  of  2012, is amended to read as
     3  follows:
     4    7. "Designated offender"  means  a  person  convicted  of  any  felony
     5  defined  in  any  chapter  of  the  laws of the state or any misdemeanor
     6  defined in the penal law except: (a) that where the person is  convicted
     7  under  section  221.10  of  the penal law, only a person convicted under
     8  subdivision two of such section, or a person convicted under subdivision
     9  one of such section who stands previously  convicted  of  any  crime  as
    10  defined  in  subdivision  six  of section 10.00 of the penal law[.]; and
    11  (b)(i) a person convicted of loitering for the purpose  of  engaging  in
    12  prostitution  under  subdivision two of section 240.37 of the penal law,
    13  (ii) a person convicted of prostitution  under  section  230.00  of  the
    14  penal  law,  or  (iii)  a  person  whose participation in the offense is
    15  determined by a court to have been a result of having been a  victim  of
    16  sex  trafficking under section 230.34 of the penal law or trafficking in
    17  persons under the trafficking  victims  protection  act  (United  States
    18  Code, Title 22, Chapter 78).
    19    § 2. Subdivision 2 of section 420.35 of the criminal procedure law, as
    20  amended  by  chapter  189  of  the  laws  of 2018, is amended to read as
    21  follows:
    22    2. Under no circumstances shall the mandatory surcharge, sex  offender
    23  registration fee, DNA databank fee or the crime victim assistance fee be
    24  waived  provided,  however,  that  a  court  may  waive the crime victim
    25  assistance fee if such defendant is an  eligible  youth  as  defined  in
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00613-01-9
        S. 3370                             2
     1  subdivision two of section 720.10 of this chapter, and the imposition of
     2  such  fee  would  work an unreasonable hardship on the defendant, his or
     3  her immediate family, or any other  person  who  is  dependent  on  such
     4  defendant  for  financial  support.  A  court  shall waive any mandatory
     5  surcharge, DNA databank fee and crime victim assistance  fee  when:  (i)
     6  the  defendant  is convicted of loitering for the purpose of engaging in
     7  prostitution under subdivision two of section 240.37 of  the  penal  law
     8  [(provided  that  the  defendant  was not convicted of loitering for the
     9  purpose of patronizing a person for prostitution)]; (ii)  the  defendant
    10  is  convicted  of  prostitution  under  section 230.00 of the penal law;
    11  (iii) the defendant is convicted  of  a  violation  in  the  event  such
    12  conviction  is  in lieu of a plea to or conviction for loitering for the
    13  purpose of engaging in prostitution under  subdivision  two  of  section
    14  240.37 of the penal law [(provided that the defendant was not alleged to
    15  be  loitering for the purpose of patronizing a person for prostitution)]
    16  or prostitution under section 230.00 of the penal  law;  [or]  (iv)  the
    17  court  finds  that  a  defendant  is  a  victim of sex trafficking under
    18  section 230.34 of the penal law or a victim of  trafficking  in  persons
    19  under  the trafficking victims protection act (United States Code, Title
    20  22, Chapter 78); or (v) the court finds that the defendant is  a  victim
    21  of sex trafficking of a child under section 230.34-a of the penal law.
    22    § 3. This act shall take effect immediately.