Bill Text: NY S04997 | 2017-2018 | General Assembly | Introduced

New York Senate Bill 4997 (Prior Session Legislation)

Introduced

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

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2018-06-20 - COMMITTED TO RULES [S04997 Detail]

Download: New_York-2017-S04997-Introduced.html

                STATE OF NEW YORK
        ________________________________________________________________________
                                          4997
                               2017-2018 Regular Sessions
                    IN SENATE
                                      March 3, 2017
                                       ___________
        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 368 of the laws of 2015, is amended
    15  to read as 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
    21  zone)  of  the  penal  law,  and]  the  defendant's participation in the
    22  offense was a result of having been a victim of  sex  trafficking  under
    23  section  230.34 of the penal law, labor trafficking under section 135.35
    24  of the penal law, aggravated labor trafficking under section  135.37  of
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02696-01-7

        S. 4997                             2
     1  the penal law, compelling prostitution under section 230.33 of the penal
     2  law,  or trafficking in persons under the Trafficking Victims Protection
     3  Act (United States Code, title 22, chapter 78); provided that
     4    (i)  a  motion  under this paragraph shall be made with due diligence,
     5  after the defendant has ceased to be a victim  of  such  trafficking  or
     6  compelling prostitution crime or has sought services for victims of such
     7  trafficking  or  compelling  prostitution  crime,  subject to reasonable
     8  concerns for the safety of the defendant, family members of the  defend-
     9  ant,  or  other  victims  of such trafficking or compelling prostitution
    10  crime that may be jeopardized by the bringing of  such  motion,  or  for
    11  other reasons consistent with the purpose of this paragraph; [and]
    12    (ii)  official  documentation of the defendant's status as a victim of
    13  trafficking, labor trafficking, aggravated labor trafficking, compelling
    14  prostitution, or trafficking in persons at the time of the offense  from
    15  a  federal,  state or local government agency shall create a presumption
    16  that the defendant's participation in the offense was a result of having
    17  been a victim of sex trafficking, labor  trafficking,  aggravated  labor
    18  trafficking,  compelling  prostitution  or  trafficking  in persons, but
    19  shall not be required for granting a motion under this paragraph;
    20    (iii) a motion under this paragraph,  and  all  pertinent  papers  and
    21  documents,  shall  be  confidential and may not be made available to any
    22  person or public or private agency except where specifically  authorized
    23  by the court; and
    24    (iv) the granting of a motion under this paragraph shall be determined
    25  by  the  court in consideration of the circumstances and the interest of
    26  justice.
    27    § 3. This act shall take effect immediately;  provided  that  subpara-
    28  graph  (iii)  of paragraph (i) of subdivision 1 of section 440.10 of the
    29  criminal procedure law, as added by section two of this act, shall  take
    30  effect on the sixtieth day after it shall have become a law.