S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    982
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced  by  M.  of  A. GOTTFRIED, PAULIN, NIOU, FAHY, HEVESI -- 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, the  open-
 ing  paragraph as amended by chapter 189 of the laws of 2018, 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,  sex  trafficking of a child under
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03508-01-9

 A. 982                              2
 
 section 230.34-a 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
 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.