Bill Text: NY S05839 | 2013-2014 | General Assembly | Amended

New York Senate Bill 5839 (Prior Session Legislation)

Bill Title: Provides that local criminal courts shall treat and retain persons aged 16 and 17 who commit certain prostitution offenses as PINS proceedings.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-06-21 - SUBSTITUTED BY A8071A [S05839 Detail]

Download: New_York-2013-S05839-Amended.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5839--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     June 17, 2013
                                      ___________
       Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
         printed to be  committed  to  the  Committee  on  Rules  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       AN ACT to amend the criminal procedure law, in relation to the treatment
         of certain juveniles for certain prostitution offenses
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The criminal procedure law  is  amended  by  adding  a  new
    2  section 170.80 to read as follows:
    3  S  170.80  PROCEEDINGS  REGARDING  CERTAIN PROSTITUTION CHARGES; CERTAIN
    4               TEENAGERS.
    5    NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN A PERSON IS  ARRESTED
    6  FOR  PROSTITUTION OR LOITERING FOR THE PURPOSES OF PROSTITUTION AND SUCH
    7  OFFENSE ALLEGEDLY OCCURRED WHEN THE  PERSON  WAS  SIXTEEN  OR  SEVENTEEN
    8  YEARS OF AGE:
    9    1.  UNLESS,  AFTER  CONSULTATION  WITH COUNSEL A KNOWING AND VOLUNTARY
   10  PLEA OF GUILTY HAS BEEN ENTERED TO SUCH CHARGE,  ANY  JUDGE  OR  JUSTICE
   11  HEARING  ANY STAGE OF SUCH CASE MAY, UPON CONSENT OF THE DEFENDANT AFTER
   12  CONSULTATION WITH COUNSEL, CONVERT SUCH CHARGE AND RETAIN IT AS A PERSON
   13  IN NEED OF SUPERVISION PROCEEDING FOR ALL PURPOSES AND  SHALL  HAVE  THE
   14  AUTHORITY TO GRANT ANY RELIEF AVAILABLE UNDER ARTICLE SEVEN OF THE FAMI-
   15  LY COURT ACT.
   16    2.  ANY  ADVERSE  FINDING  AND  ALL  RECORDS  OF THE INVESTIGATION AND
   17  PROCEEDINGS RELATING TO SUCH CHARGE SHALL BE PROMPTLY EXPUNGED UPON  THE
   18  PERSON'S EIGHTEENTH BIRTHDAY OR THE CONCLUSION OF THE PROCEEDINGS ON THE
   19  CHARGE  BEFORE  THE  COURT,  WHICHEVER  OCCURS  LATER. IN THE EVENT OF A
   20  CONVICTION OR PLEA OF GUILTY TO SUCH CHARGE OR CHARGES  OF  PROSTITUTION
   21  OR  LOITERING FOR THE PURPOSES OF PROSTITUTION AS DESCRIBED IN THE OPEN-
   22  ING PARAGRAPH AND SUBDIVISION ONE OF THIS SECTION, THE COURT  MUST  FIND
   23  THAT  THE  PERSON  IS A YOUTHFUL OFFENDER AND PROCEED IN ACCORDANCE WITH
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11570-08-3
       S. 5839--A                          2
    1  ARTICLE SEVEN HUNDRED TWENTY OF THIS CHAPTER,  PROVIDED,  HOWEVER,  THAT
    2  WHERE  THE CONVICTION FOR WHICH THE YOUTHFUL OFFENDER FINDING IS SUBSTI-
    3  TUTED IS LOITERING FOR  THE  PURPOSES  OF  PROSTITUTION  AS  DEFINED  IN
    4  SECTION  240.37  OF  THE  PENAL LAW, THE AVAILABLE SENTENCE SHALL BE THE
    5  SENTENCE THAT MAY BE IMPOSED FOR A VIOLATION AS  DEFINED  IN  THE  PENAL
    6  LAW.
    7    S  2.  This  act shall take effect immediately and shall apply to such
    8  offenses alleged to have been committed on or after such effective date,
    9  as well as to charges for such offenses pending on such  effective  date
   10  for which sentence had not yet been imposed.