NY State Senate Bill 2019-S3370A

Archive: Last Bill Status - In Senate Committee Internet And Technology 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
Jan 08, 2020	referred to internet and technology
Mar 20, 2019	print number 3370a
Mar 20, 2019	amend and recommit to codes
Mar 12, 2019	reported and committed to codes
Feb 06, 2019	referred to internet and technology

Votes

- Mar 12, 2019 - Internet And Technology Committee Vote
  S3370A
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Internet And Technology Committee Vote: Mar 12, 2019
      
      aye (7)
      
      Antonacci
      
      Jacobs
      
      Kaplan
      
      Kennedy
      
      Parker
      
      Savino
      
      Skoufis

Bill Amendments

Original

A (Active)

2019-S3370 - Details

See Assembly Version of this Bill:: A459
Current Committee:: Senate Internet And Technology
Law Section:: Executive Law
Laws Affected:: Amd §995, Exec L; amd §420.35, CP L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7069, A9306
2017-2018: S5145, A1030
2021-2022: S6185, A118

2019-S3370 - Summary

Specifies that a person convicted of loitering for the purpose of engaging in prostitution, a person convicted of prostitution, or a person whose participation in the offense is determined by a court to be a result of having been a victim of sex trafficking is excluded from the definition of designated offender.

2019-S3370 - Sponsor Memo

                                
 
BILL NUMBER: S3370

SPONSOR: LANZA
 
TITLE OF BILL:

An act to amend the executive law and the criminal procedure law, in
relation to the definition of designated offender

 
PURPOSE:

To exempt victims of sex trafficking from the requirement to provide a
DNA sample for inclusion in the state DNA identification index

 
SUMMARY OF PROVISIONS:

Section one amends subdivision 7 of section 995 of the Executive Law, as
amended by Chapter 19 of the Laws of 2012, to provide that the defi-
nition of designated offender shall not include (i) a person convicted
of loitering for the purpose of engaging in prostitution under subdivi-
sion 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 was 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).

Section two amends subdivision two of section 420.35 of the criminal
procedure law, as amended by Chapter 426 of the Laws of 2015, to make
technical amendments as necessitated by the amendment to such section by
Chapter 368 of the Laws of 2015.

Section three provides the effective date.

 
JUSTIFICATION:

Pursuant to section 995-c (3)(a) of the Executive Law, a designated
offender convicted and sentenced for a crime is required to provide a
sample appropriate for DNA testing to determine identification charac-
teristics specific to such person and to be included in the state's DNA
identification index. Section 995(7) of the Executive Law defines a
designated offender to be any person convicted of a felony or any misde-
meanor defined in the penal law other than a person who, as a first time
offense, knowingly and unlawfully possesses marijuana in a public place
and the marijuana is burning or open to public view.

New York has been a leader in enacting laws that recognize that sexually
exploited persons should be treated as victims and not as criminals,
including most recently by passing and having signed into law the
comprehensive Trafficking Victims Protection and Justice Act (Chapter
368 of the Laws of 2015) and legislation to require courts to waive
payment by sex trafficking victims of a mandatory surcharge, crime
victim assistance fee and DNA databank fee where the victim is convicted
of a misdemeanor or a violation (Ch. 385 of the Laws of 2014 and Ch. 426
of the Laws of 2015).

As we have learned, a young woman may be forced to engage in prostitu-
tion by her sex trafficker. Although she faces conviction, she may not
be prepared, for a variety of reasons, to seek or receive services,
primarily because she is still under the control of her exploiter and
does not believe she can escape her situation. Accordingly, she may
decide, for example, to plead guilty to a misdemeanor offense of loiter-
ing for the purpose of engaging in prostitution to be able to return to
the streets.

This legislation will exclude from the definition of a designated offen-
der a person convicted of prostitution or loitering for the purpose of
engaging in prostitution or a person whose participation in the offense
the court determines was a result of having been a sex trafficking
victim under federal or New York state trafficking law.  By stating that
these victims are not designated offenders, these victims will not be
required to provide DNA samples to be included in the state DNA iden-
tification database.

We have been steadfast in our commitment to the principle that a person
who is commercially sexually exploited is a victim, and must not be
treated as a Criminal. However, by continuing to require sex trafficking
victims to provide DNA samples following conviction, we run afoul of
that commitment and we treat these victims as criminals.  These victims
have entered our criminal justice system by virtue of their enslavement
at the hands of their traffickers. The basic human rights of sex traf-
ficking victims have already been violated by their traffickers; we
should not compound the further violation of their rights by requiring a
DNA sample.

 
LEGISLATIVE HISTORY:

2018: S.5145 - Referred to Finance / A.1030-Passed Assembly
2017: S.5145 - Third Reading Calendar/A.1030-Passed Assembly
2016: S.7069 - Third Reading Calendar/A.9306- Died on Third Reading
Calendar

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S3370 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3370
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2019
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Internet and Technology
 
 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).
   § 2. Subdivision 2 of section 420.35 of the criminal procedure law, as
 amended  by  chapter  189  of  the  laws  of 2018, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00613-01-9

 S. 3370                             2
 
 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
 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, Chapter 78); or (v) the court finds that the defendant is  a  victim
 of sex trafficking of a child under section 230.34-a of the penal law.
   § 3. This act shall take effect immediately.

2019-S3370A (ACTIVE) - Details

See Assembly Version of this Bill:: A459
Current Committee:: Senate Internet And Technology
Law Section:: Executive Law
Laws Affected:: Amd §995, Exec L; amd §420.35, CP L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7069, A9306
2017-2018: S5145, A1030
2021-2022: S6185, A118

2019-S3370A (ACTIVE) - Summary

2019-S3370A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3370A

SPONSOR: LANZA
 
TITLE OF BILL:  An act to amend the executive law and the criminal
procedure law, in relation to the definition of designated offender

 
PURPOSE:

To exempt victims of sex trafficking from the requirement to provide a
DNA sample for inclusion in the state DNA identification index.

 
SUMMARY OF PROVISIONS:

Section one amends subdivision 7 of section 995 of the Executive Law, as
amended by Chapter 19 of the Laws of 2012, to provide that the defi-
nition of designated offender shall not include (i) a person convicted
of loitering for the purpose of engaging in prostitution under subdivi-
sion 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, sex trafficking of a child under section 230.34-a of
the penal law, or trafficking in persons under the Trafficking Victims
Protection Act (United States Code, title 22, chapter 78).

Section two amends subdivision two of section 420.35 of the criminal
procedure law, as amended by Chapter 426 of the Laws of 2015, to make
technical amendments as necessitated by the amendment to such section by
Chapter 368 of the Laws of 2015.

Section three provides the effective date.

 
JUSTIFICATION:  Pursuant to section 995-c (3)(a) of the Executive Law,
a designated offender convicted and sentenced for a crime is required to
provide a sample appropriate for DNA testing to determine identification
characteristics specific to such person and to be included in the
state's DNA identification index. Section 995(7) of the Executive Law
defines a designated offender to be any person convicted of a felony or
any misdemeanor defined in the penal law other than a person who, as a
first time offense, knowingly and unlawfully possesses marijuana in a
public place and the marijuana is burning or open to public view.

New York has been a leader in enacting laws that recognize that sexually
exploited persons should be treated as victims and not as criminals,
including most recently by passing and having signed into law the
comprehensive Trafficking Victims Protection and Justice Act (Chapter
368 of the Laws of 2015) and legislation to require courts to waive
payment by sex trafficking victims of a mandatory surcharge, crime
victim assistance fee and DNA databank fee where the victim is convicted
of a misdemeanor or a violation (Ch. 385 of the Laws of 2014 and Ch. 426
of the Laws of 2015).

As we have learned, a young woman may be forced to engage in prostitu-
tion by her sex trafficker. Although she faces conviction, she may not
be prepared, for a variety of reasons, to seek or receive services,
primarily because she is still under the control of her exploiter and
does not believe she can escape her situation.  Accordingly, she may
decide, for example, to plead guilty to a misdemeanor offense of loiter-

ing for the purpose of engaging in prostitution to be able to return to
the streets.

This legislation will exclude from the definition of a designated offen-
der a person convicted of prostitution or loitering for the purpose of
engaging in prostitution or a person whose participation in the offense
the court determines was a result of having been a sex trafficking
victim under federal or New York state trafficking law.  By stating that
these victims are not designated offenders, these victims will not be
required to provide DNA samples to be included in the state DNA iden-
tification database.

We have been steadfast in our commitment to the principle that a person
who is commercially sexually exploited is a victim, and must not be
treated as a criminal. However, by continuing to require sex trafficking
victims to provide DNA samples following conviction, we run afoul of
that commitment and we treat these victims as criminals.  These victims
have entered our criminal justice system by virtue of their enslavement
at the hands of their traffickers. The basic human rights of sex traf-
ficking victims have already been violated by their traffickers; we
should not compound the further violation of their rights by requiring a
DNA sample.

 
LEGISLATIVE HISTORY:

2018: A.1030 Passed Assembly / S.5145 Referred to Finance
2017: A.1030 Passed Assembly / S.5145 Committed to Rules
2016: A.9306 Advanced to Third Reading / S.7069 Committed to Rules

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S3370A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3370--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2019
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Internet and Technology --
   reported favorably from said committee and committed to the  Committee
   on  Codes  -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee

 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, SEX TRAFFICKING
 OF A CHILD UNDER SECTION 230.34-A OF THE PENAL LAW,  OR  TRAFFICKING  IN
 PERSONS  UNDER  THE  TRAFFICKING  VICTIMS  PROTECTION ACT (UNITED STATES
 CODE, TITLE 22, CHAPTER 78).
   § 2. Subdivision 2 of section 420.35 of the criminal procedure law, as
 amended by chapter 189 of the laws  of  2018,  is  amended  to  read  as
 follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00613-03-9

 S. 3370--A                          2
 
   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
 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, Chapter 78); or (v) the court finds that the defendant is  a  victim
 of sex trafficking of a child under section 230.34-a of the penal law.
   § 3. This act shall take effect immediately.

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Senate Bill S3370A

Sponsored By

Archive: Last Bill Status - In Senate Committee Internet And Technology Committee

Mar 12, 2019 - Internet And Technology Committee Vote

Internet And Technology Committee Vote: Mar 12, 2019

Bill Amendments

2019-S3370 - Details

2019-S3370 - Summary

2019-S3370 - Sponsor Memo

2019-S3370 - Bill Text download pdf

2019-S3370A (ACTIVE) - Details

2019-S3370A (ACTIVE) - Summary

2019-S3370A (ACTIVE) - Sponsor Memo

2019-S3370A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3370A

Share this bill

Sponsored By

Andrew J. Lanza

Archive: Last Bill Status - In Senate Committee Internet And Technology Committee

Bill Amendments

2019-S3370 - Details

2019-S3370 - Summary

2019-S3370 - Sponsor Memo

2019-S3370 - Bill Text download pdf

2019-S3370A (ACTIVE) - Details

2019-S3370A (ACTIVE) - Summary

2019-S3370A (ACTIVE) - Sponsor Memo

2019-S3370A (ACTIVE) - Bill Text download pdf

Comments