S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4540
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2017
                                ___________
 
 Introduced  by  M.  of  A. GOTTFRIED, PAULIN, SEPULVEDA -- read once and
   referred 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:
 
   Section  1.  Legislative intent. The purpose of this legislation is to
 strengthen protection for the victims of sex  trafficking,  labor  traf-
 ficking,  compelling  prostitution  and  trafficking in persons, who are
 convicted of a range of offenses as a  result  of  that  trafficking  or
 compelling. New York's landmark law offering the vacating of convictions
 for prostitution-related offenses that were a result of this trafficking
 has  been  the  model for laws in more than half of the states. However,
 several states wisely offer this relief to victims who may be  compelled
 to  participate in other offenses as well. This legislation would follow
 that example. Granting relief under this provision has always been based
 on consideration of the circumstances and the interest of justice;  this
 legislation reiterates that.
   §  2. 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02696-01-7

 A. 4540                             2
 
 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
 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;
   (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; AND
   (IV) THE GRANTING OF A MOTION UNDER THIS PARAGRAPH SHALL BE DETERMINED
 BY  THE  COURT IN CONSIDERATION OF THE CIRCUMSTANCES AND THE INTEREST OF
 JUSTICE.
   § 3. This act shall take effect immediately;  provided  that  subpara-
 graph  (iii)  of paragraph (i) of subdivision 1 of section 440.10 of the
 criminal procedure law, as added by section two of this act, shall  take
 effect on the sixtieth day after it shall have become a law.