NY State Senate Bill 2017-S4997

Senate Bill S4997

2017-2018 Legislative Session

Relates to confidentiality of records in proceedings to vacate convictions for offenses resulting from sex trafficking, labor trafficking and compelling prostitution

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Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 20, 2018	committed to rules
May 07, 2018	advanced to third reading
May 02, 2018	2nd report cal.
May 01, 2018	1st report cal.1003
Jan 03, 2018	referred to codes
Jun 21, 2017	committed to rules
Jun 05, 2017	advanced to third reading
May 24, 2017	2nd report cal.
May 23, 2017	1st report cal.1314
Mar 03, 2017	referred to codes

Votes

- May 1, 2018 - Codes Committee Vote
  S4997
  
  15
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: May 1, 2018
      
      aye (15)
      
      Akshar
      
      Bailey
      
      Boyle
      
      Gallivan
      
      Golden
      
      Griffo
      
      Hoylman-Sigal
      
      Kaminsky
      
      Krueger
      
      Lanza
      
      O'Mara
      
      Peralta
      
      Savino
      
      Serrano
      
      Tedisco
      
      aye wr (1)
      
      Croci
  May 23, 2017 - Codes Committee Vote
  S4997
  
  15
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: May 23, 2017
      
      aye (15)
      
      Akshar
      
      Boyle
      
      Gallivan
      
      Golden
      
      Griffo
      
      Hoylman-Sigal
      
      Kaminsky
      
      Krueger
      
      Lanza
      
      O'Mara
      
      Peralta
      
      Savino
      
      Serrano
      
      Squadron
      
      Tedisco
      
      aye wr (1)
      
      Croci

co-Sponsors

2017-S4997 (ACTIVE) - Details

See Assembly Version of this Bill:: A4540
Current Committee:: Senate Rules
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §440.10, CP L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A10353
2019-2020: S3181, A982
2021-2022: S6165
2023-2024: S4756

2017-S4997 (ACTIVE) - Summary

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

2017-S4997 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4997               Revised 1/19/18

SPONSOR: LANZA
 
TITLE OF BILL:  An act to amend the criminal procedure law, in
relation to vacating convictions for offenses resulting from sex traf-
ficking, labor trafficking and compelling prostitution

 
PURPOSE OR GENERAL IDEA OF BILL:

To strengthen protections for 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.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 sets forth legislative intent, stressing that granting relief
would be based on consideration of the circumstances and the interest of
justice.

Section 2 amends CPL§ 440.10(1)(1) to allow vacating of a conviction

where the offense was a result of sex trafficking, labor trafficking,
compelling prostitution and trafficking in persons; CPL§ 440.10(1)(ii)
to include documentation with regard to labor trafficking and aggravated
labor trafficking as additional grounds for a presumption that a victim
was a victim of trafficking; adds new CPL§ 440.10(1)(iii) to provide
confidentiality for motions to vacate a judgement; and adds new CPL§
440.10(1) (iv) to provide that the relief would be based on consider-
ation of the circumstances and the interest of justice. Current law only
applies to a motion to vacate a conviction for several prostitution-re-
lated offenses.

Section 3 provides an immediate effective date, except that new subpara-
graph (iii) takes effect 60 days after enactment into law.

 
JUSTIFICATION:

In 2010, New York State passed an historic law allowing victims of human
trafficking to vacate prostitution-related criminal convictions that
were directly tied to their victimization. The law recognized that these
convictions should be vacated, because the conviction itself was unjust.
Victims of human trafficking were allowed a second chance at life, free
from the criminal records forced upon them by their trafficker. Twenty
seven states have since followed New York's example with similar laws.

Several states have gone beyond New York's law, to make this relief
available not just for prostitution-related offenses but for all
offenses. This bill follows that example. Trafficking victims may be
arrested and prosecuted for a variety of offenses resulting from the
trafficking. For example, possessing false documents, usually at the
direction of their trafficker, who has confiscated their true documents
as part of the exerted coercion. The CPL is further amended to protect
the confidentiality of information contained in motions brought under
the statute. This explicit and mandatory protection is necessary to meet
the legislation's goals of severing victims of human trafficking from
their traumatic past, and to ensure that victims of human trafficking
will not be endangered by the process of vacating their convictions.


Courts may also take other action, such as offering a closed courtroom
for court appearances.The bill stresses - both in legislative intent and
in explicit statutory language - that the granting of a motion for this
relief is to be decided by the court based on consideration of the
circumstances and in the interest of justice.

 
PRIOR LEGISLATIVE HISTORY:

2017: S.4997 - Died on Third Reading Calendar / A.4540 - Passed Assembly
2016: A. 10353 - Referred to Codes

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediate, except that new CPLR§ 440.10(1)(iii) takes effect 60 days
after enactment into law.

2017-S4997 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4997
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               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:
 
   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

 S. 4997                             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.

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Senate Bill S4997

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Sponsored By

Andrew J. Lanza