S T A T E   O F   N E W   Y O R K
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                                  10352

                          I N  A S S E M B L Y

                              May 23, 2016
                               ___________

Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
  Committee on Codes

AN ACT to amend the criminal procedure law, in relation to confidential-
  ity of records in  proceedings  to  vacate  convictions  for  offenses
  resulting from sex trafficking, labor trafficking and compelling pros-
  titution

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (i) of subdivision 1 of  section  440.10  of  the
criminal  procedure  law, as amended by chapter 368 of the laws of 2015,
is amended to read as follows:
  (i) The judgment is a conviction where the arresting charge was  under
section  240.37 (loitering for the purpose of engaging in a prostitution
offense, provided that the defendant was not alleged to be loitering for
the purpose of patronizing a person for prostitution or promoting  pros-
titution)  or  230.00 (prostitution) or 230.03 (prostitution in a school
zone) of the penal law, and the defendant's participation in the offense
was a result of having been a victim of sex  trafficking  under  section
230.34  of  the penal law, labor trafficking under section 135.35 of the
penal law, aggravated labor trafficking  under  section  135.37  of  the
penal  law,  compelling  prostitution  under section 230.33 of the penal
law, or trafficking in persons under the Trafficking Victims  Protection
Act (United States Code, title 22, chapter 78); provided that
  (i)  a  motion  under this paragraph shall be made with due diligence,
after the defendant has ceased to be a victim  of  such  trafficking  or
compelling prostitution crime or has sought services for victims of such
trafficking  or  compelling  prostitution  crime,  subject to reasonable
concerns for the safety of the defendant, family members of the  defend-
ant,  or  other  victims  of such trafficking or compelling prostitution
crime that may be jeopardized by the bringing of  such  motion,  or  for
other reasons consistent with the purpose of this paragraph; [and]
  (ii)  official  documentation of the defendant's status as a victim of
trafficking, LABOR TRAFFICKING, AGGRAVATED LABOR TRAFFICKING, compelling
prostitution, or trafficking in persons at the time of the offense  from

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

                                                           LBD15571-01-6

A. 10352                            2

a  federal,  state or local government agency shall create a presumption
that the defendant's participation in the offense was a result of having
been a victim of sex trafficking, LABOR  TRAFFICKING,  AGGRAVATED  LABOR
TRAFFICKING,  compelling  prostitution  or  trafficking  in persons, but
shall not be required for granting a motion under this paragraph; AND
  (III) A MOTION UNDER THIS PARAGRAPH,  AND  ALL  PERTINENT  PAPERS  AND
DOCUMENTS,  SHALL  BE  CONFIDENTIAL AND MAY NOT BE MADE AVAILABLE TO ANY
PERSON OR PUBLIC OR PRIVATE AGENCY EXCEPT WHERE SPECIFICALLY  AUTHORIZED
BY THE COURT.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.