Bill Text: NY S04756 | 2023-2024 | General Assembly | Introduced

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Bill Title: Provides for confidentiality of records in proceedings to vacate convictions for offenses resulting from sex trafficking, labor trafficking and compelling prostitution.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CODES [S04756 Detail]

Download: New_York-2023-S04756-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4756

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 14, 2023
                                       ___________

        Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
          printed to be committed 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. Granting relief under this provision has always been based
    11  on consideration of the circumstances and the interest of justice;  this
    12  legislation reiterates that.
    13    §  2. Paragraph (i) of subdivision 1 of section 440.10 of the criminal
    14  procedure law, as amended by chapter 629 of the laws of 2021, is amended
    15  to read as follows:
    16    (i) The judgment is a conviction where the  defendant's  participation
    17  in  the  offense was a result of having been a victim of sex trafficking
    18  under section 230.34 of the penal law, sex trafficking of a child  under
    19  section  230.34-a  of  the  penal  law,  labor trafficking under section
    20  135.35 of the penal law,  aggravated  labor  trafficking  under  section
    21  135.37 of the penal law, compelling prostitution under section 230.33 of
    22  the  penal  law, or trafficking in persons under the Trafficking Victims
    23  Protection Act (United States Code, title 22, chapter 78); provided that

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08744-01-3
        S. 4756                             2

     1    (i) official documentation of the defendant's status as  a  victim  of
     2  sex   trafficking,  labor  trafficking,  aggravated  labor  trafficking,
     3  compelling prostitution, or trafficking in persons at the  time  of  the
     4  offense  from a federal, state or local government agency shall create a
     5  presumption  that  the  defendant's  participation  in the offense was a
     6  result of having been a victim of sex  trafficking,  labor  trafficking,
     7  aggravated  labor trafficking, compelling prostitution or trafficking in
     8  persons, but shall not be required for  granting  a  motion  under  this
     9  paragraph;
    10    (ii) a motion under this paragraph, and all pertinent papers and docu-
    11  ments, shall be confidential and may not be made available to any person
    12  or  public or private entity except where specifically authorized by the
    13  court; [and]
    14    (iii) when a motion is filed under this paragraph, the court may, upon
    15  the consent of the petitioner and all of the state and local  prosecuto-
    16  rial agencies that prosecuted each matter, consolidate into one proceed-
    17  ing  a motion to vacate judgments imposed by distinct or multiple crimi-
    18  nal courts; and
    19    (iv) the granting of a motion under this paragraph shall be determined
    20  by the court in consideration of the circumstances and the  interest  of
    21  justice; or
    22    § 3. This act shall take effect immediately.