S T A T E O F N E W Y O R K
________________________________________________________________________
7069
I N S E N A T E
March 22, 2016
___________
Introduced by Sen. LANZA -- read twice and ordered printed, and when
printed to be committed to the Committee on Finance
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:
Section 1. Subdivision 7 of section 995 of the executive law, as
amended by chapter 19 of the laws of 2012, is amended to read as
follows:
7. "Designated offender" means a person convicted of any felony
defined in any chapter of the laws of the state or any misdemeanor
defined in the penal law except: (A) that where the person is convicted
under section 221.10 of the penal law, only a person convicted under
subdivision two of such section, or a person convicted under subdivision
one of such section who stands previously convicted of any crime as
defined in subdivision six of section 10.00 of the penal law[.]; AND
(B)(I) A PERSON CONVICTED OF LOITERING FOR THE PURPOSE OF ENGAGING IN
PROSTITUTION UNDER SUBDIVISION TWO OF SECTION 240.37 OF THE PENAL LAW,
(II) A PERSON CONVICTED OF PROSTITUTION UNDER SECTION 230.00 OF THE
PENAL LAW, OR (III) A PERSON WHOSE PARTICIPATION IN THE OFFENSE IS
DETERMINED BY A COURT TO HAVE BEEN A RESULT OF HAVING BEEN A VICTIM OF
SEX TRAFFICKING UNDER SECTION 230.34 OF THE PENAL LAW OR TRAFFICKING IN
PERSONS UNDER THE TRAFFICKING VICTIMS PROTECTION ACT (UNITED STATES
CODE, TITLE 22, CHAPTER 78).
S 2. Subdivision 2 of section 420.35 of the criminal procedure law, as
amended by chapter 426 of the laws of 2015, is amended to read as
follows:
2. Under no circumstances shall the mandatory surcharge, sex offender
registration fee, DNA databank fee or the crime victim assistance fee be
waived provided, however, that a court may waive the crime victim
assistance fee if such defendant is an eligible youth as defined in
subdivision two of section 720.10 of this chapter, and the imposition of
such fee would work an unreasonable hardship on the defendant, his or
her immediate family, or any other person who is dependent on such
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13928-02-6
S. 7069 2
defendant for financial support. A court shall waive any mandatory
surcharge, DNA databank fee and crime victim assistance fee when: (i)
the defendant is convicted of loitering for the purpose of engaging in
prostitution under SUBDIVISION TWO OF section 240.37 of the penal law
[(provided that the defendant was not convicted of loitering for the
purpose of patronizing a person for prostitution)]; (ii) the defendant
is convicted of prostitution under section 230.00 of the penal law;
(iii) the defendant is convicted of a violation in the event such
conviction is in lieu of a plea to or conviction for loitering for the
purpose of engaging in prostitution under SUBDIVISION TWO OF section
240.37 of the penal law [(provided that the defendant was not alleged to
be loitering for the purpose of patronizing a person for prostitution)]
or prostitution under section 230.00 of the penal law; or (iv) the court
finds that a defendant is a victim of sex trafficking under section
230.34 of the penal law or a victim of trafficking in persons under the
trafficking victims protection act (United States Code, Title 22, Chap-
ter 78).
S 3. This act shall take effect immediately.
