NY State Senate Bill 2019-S4981B

Senate Bill S4981B

2019-2020 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 22, 2020	print number 4981b
Jan 22, 2020	amend and recommit to codes
Jan 08, 2020	referred to codes
Jun 20, 2019	committed to rules
May 29, 2019	amended on third reading 4981a
May 08, 2019	advanced to third reading
May 07, 2019	2nd report cal.
May 06, 2019	1st report cal.589
Apr 03, 2019	referred to codes

Votes

- May 6, 2019 - Codes Committee Vote
  S4981B
  
  7
  
  Aye
  
  4
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: May 6, 2019
      
      aye (7)
      
      Bailey
      
      Biaggi
      
      Gounardes
      
      Kaminsky
      
      Kavanagh
      
      Myrie
      
      Savino
      
      nay (4)
      
      Boyle
      
      Gallivan
      
      Lanza
      
      O'Mara
      
      aye wr (2)
      
      Akshar
      
      Benjamin

Bill Amendments

Original

B (Active)

co-Sponsors

View additional co-sponsors

2019-S4981 - Details

See Assembly Version of this Bill:: A6983
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §440.10, CP L
Versions Introduced in 2021-2022 Legislative Session:: S674, A459

2019-S4981 - Summary

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

2019-S4981 - Sponsor Memo

                                
 
BILL NUMBER: S4981

SPONSOR: RAMOS
 
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:z

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 to expand to other offenses New
York's existing law that offers vacatur of convictions for prostitu-
tion-related offenses that were a result of being a victim of traffick-
ing.

Section 2 amends CPL § 440.10(1)(i) to allow vacating of a conviction
where the offense was a result of sex trafficking, labor traffic king,
compelling prostitution and trafficking in persons; CPL

§ 440.10(1) (ii) to include documentation with regard to labor traffick-
ing 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 judge-
ment; and adds new CPL § 440.10(1) (iv) to allow consolidation of
proceedings in multiple courts.

Section 3 amends CPL § 440.10 (6) to require that judgments be vacated
on the merits because the defendant's participation in the offense was a
result of having been a victim of trafficking.

Section 4 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 traffickers. Twenty
seven states have since followed New York's example with similar laws.

Several states have now gone beyond New York's law, to make this relief
available not just for prostitution-related offenses but for all
offenses related to the trafficking. This bill follows that example.
Trafficking victims may be arrested and prosecuted for a variety of
offenses resulting from trafficking. A common example is 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 manda-
tory 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 emphasizes that these convictions should be vacated because of
the circumstances of the offenses and convictions, not because of a
victim's post-conviction circumstances.

 
PRIOR LEGISLATIVE HISTORY:

2016: A. 10353 - Referred to Codes
2017: A4540 - Passed Assembly / Senate Rules
2018: A4540 - Passed Assembly / Senate Rules

 
FISCAL IMPLICATIONS:

None.

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

2019-S4981 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 4981                                                  A. 6983
 
                        2019-2020 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                               April 3, 2019
                                ___________
 
 IN SENATE -- Introduced by Sen. RAMOS -- read twice and ordered printed,
   and when printed to be committed to the Committee on Codes
 
 IN  ASSEMBLY  --  Introduced  by M. of A. GOTTFRIED, PAULIN, NIOU, FAHY,
   HEVESI, SAYEGH, L. ROSENTHAL, SIMOTAS -- Multi-Sponsored by --  M.  of
   A. DenDEKKER -- 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.
   §  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03508-03-9

 S. 4981                             2                            A. 6983
 
 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
 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  OR  CIRCUMSTANCES  of  the  defendant,  family
 members  of  the  defendant,  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
 SEX  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) WHEN A MOTION IS FILED UNDER THIS PARAGRAPH, THE COURT MAY,  UPON
 THE  CONSENT  OF  THE  PETITIONER AND ALL OF THE INVOLVED STATE OR LOCAL
 PROSECUTORIAL AGENCIES, CONSOLIDATE INTO  ONE  PROCEEDING  A  MOTION  TO
 VACATE JUDGMENTS IMPOSED BY DISTINCT OR MULTIPLE CRIMINAL COURTS.
   § 3. Subdivision 6 of section 440.10 of the criminal procedure law, as
 added by chapter 332 of the laws of 2010, is amended to read as follows:
   6. If the court grants a motion under paragraph (i) of subdivision one
 of  this  section, it must vacate the judgment ON THE MERITS BECAUSE THE
 DEFENDANT'S PARTICIPATION IN THE OFFENSE WAS A RESULT OF HAVING  BEEN  A
 VICTIM  OF  TRAFFICKING,  and dismiss the accusatory instrument, and may
 take such additional action as is appropriate in the circumstances.
   § 4. 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.

co-Sponsors

View additional co-sponsors

2019-S4981A - Details

See Assembly Version of this Bill:: A6983
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §440.10, CP L
Versions Introduced in 2021-2022 Legislative Session:: S674, A459

2019-S4981A - Summary

2019-S4981A - Sponsor Memo

                                
 
BILL NUMBER: S4981A

SPONSOR: RAMOS
 
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 to expand to other offenses New
York's existing law that offers vacatur of convictions for prostitu-
tion-related offenses that were a result of being a victim of traffick-
ing.

Section 2 amends CPL § 440.10(1)(i) 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 allow consolidation of proceedings in multiple courts.

Section 3 amends CPL § 440.10 (6) to require that judgments be vacated
on the merits because the defendant's participation in the offense was a
result of having been a victim of trafficking.

Section 4 provides an immediate effective date, except that new subpara-
graph (ii) 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 traffickers.  Twen-
ty-seven states have since followed New York's example with similar
laws.

Several states have now gone beyond New York's law, to make this relief
available not just for prostitution-related offenses but for all
offenses related to the trafficking. This bill follows that example.

Trafficking victims may be arrested and prosecuted for a variety of
offenses resulting from trafficking. A common example is 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 manda-
tory 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 emphasizes that these convictions should be vacated because of
the circumstances of the offenses and convictions, not because of a
victim's post-conviction circumstances.

 
PRIOR LEGISLATIVE HISTORY:.

2016: A. 10353 - Referred to Codes
2017: A4540 - Passed Assembly / Senate Rules
2018: A4540 - Passed Assembly / Senate Rules

 
FISCAL IMPLICATIONS:

None.

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

2019-S4981A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4981--A
     Cal. No. 589
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               April 3, 2019
                                ___________
 
 Introduced by Sens. RAMOS, SALAZAR, BAILEY, GOUNARDES, HOYLMAN, JACKSON,
   KRUEGER,  LIU, MONTGOMERY, RIVERA, SERRANO, STAVISKY -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Codes  -- reported favorably from said committee, ordered to first and
   second report,  ordered  to  a  third  reading,  amended  and  ordered
   reprinted, retaining its place in the order of third reading
 
 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.
   §  2. Paragraph (i) of subdivision 1 of section 440.10 of the criminal
 procedure law, as amended by section 3 of part OO of chapter 55  of  the
 laws of 2019, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD03508-04-9

 S. 4981--A                          2
 
 section 230.34 of the penal  law,  sex  trafficking  of  a  child  under
 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
 SEX   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; [or]
   (II) A MOTION UNDER THIS PARAGRAPH, AND ALL PERTINENT PAPERS AND DOCU-
 MENTS, SHALL BE CONFIDENTIAL AND MAY NOT BE MADE AVAILABLE TO ANY PERSON
 OR PUBLIC OR PRIVATE ENTITY EXCEPT WHERE SPECIFICALLY AUTHORIZED BY  THE
 COURT; AND
   (III) WHEN A MOTION IF FILED UNDER THIS PARAGRAPH, THE COURT MAY, UPON
 THE  CONSENT OF THE PETITIONER AND ALL OF THE STATE AND LOCAL PROSECUTO-
 RIAL AGENCIES THAT PROSECUTED EACH MATTER, CONSOLIDATE INTO ONE PROCEED-
 ING A MOTION TO VACATE JUDGMENTS IMPOSED BY DISTINCT OR MULTIPLE  CRIMI-
 NAL COURTS; OR
   § 3. Subdivision 6 of section 440.10 of the criminal procedure law, as
 added by chapter 332 of the laws of 2010, is amended to read as follows:
   6. If the court grants a motion under paragraph (i) of subdivision one
 of  this  section, it must vacate the judgment ON THE MERITS BECAUSE THE
 DEFENDANT'S PARTICIPATION IN THE OFFENSE WAS A RESULT OF HAVING  BEEN  A
 VICTIM  OF  TRAFFICKING,  and dismiss the accusatory instrument, and may
 take such additional action as is appropriate in the circumstances.
   § 4. This act shall take effect immediately;  provided  that  subpara-
 graph  (ii)  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.

co-Sponsors

View additional co-sponsors

2019-S4981B (ACTIVE) - Details

See Assembly Version of this Bill:: A6983
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §440.10, CP L
Versions Introduced in 2021-2022 Legislative Session:: S674, A459

2019-S4981B (ACTIVE) - Summary

2019-S4981B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4981B

SPONSOR: RAMOS
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to vacating
convictions for offenses resulting from sex trafficking, labor traffick-
ing 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 to expand to other offenses New
York's existing law that offers vacatur of convictions for prostitu-
tion-related offenses that were a result of being a victim of traffick-

ing.

Section 2 amends CPL § 440.10(1)(i) to allow vacating of a conviction
where the offense was a result of sex trafficking, labor trafficking,
compelling prostitution and trafficking in persons. It amends CPL §
440.10(1)(i)(i) to remove language that limits such a motion to defend-
ants who are no longer victims of trafficking or have already sought
victim services. CPL § 440.10 (1)(i)(ii) is renumbered as CPL § 440.10
(1)(i)(i) and amended to include documentation with regard to sex traf-
ficking, labor trafficking and aggravated labor trafficking as addi-
tional grounds for a presumption that a victim was a victim of traffick-
ing. It amends CPL § 440.10(1)(i)(ii) to provide confidentiality for
motions to vacate a judgement, and adds a new CPL § 440.10(1) (iii) to
allow consolidation of proceedings in multiple courts.

Section 3 amends CPL § 440.10 (6) to require that judgments be vacated
on the merits because the defendant's participation in the offense was a
result of having been a victim of trafficking.

Section 4 provides an immediate effective date, except that new subpara-
graph (ii) 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 traffickers. Twenty
seven states have since followed New York's example with similar laws.

Several states have now gone beyond New York's law, to make this relief
available not just for prostitution-related offenses but for all
offenses related to the trafficking. This bill follows that example.
Trafficking victims may be arrested and prosecuted for a variety of
offenses resulting from trafficking. A common example is 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 manda-
tory 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 emphasizes that these convictions should be vacated because of
the circumstances of the offenses and convictions, not because of a
victim's post-conviction circumstances.

 
PRIOR LEGISLATIVE HISTORY:

2016: A. 10353 - Referred to Codes

2017: A4540 - Passed Assembly / Senate Rules

2018: A4540 - Passed Assembly / Senate Rules

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided that subparagraph (ii)
of paragraph (i) of subdivision I 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.

2019-S4981B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4981--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               April 3, 2019
                                ___________
 
 Introduced  by Sens. RAMOS, SALAZAR, BAILEY, CARLUCCI, COMRIE, GIANARIS,
   GOUNARDES, HOYLMAN, JACKSON, KRUEGER, LIU, MONTGOMERY, MYRIE,  PARKER,
   RIVERA,  SEPULVEDA, SERRANO, STAVISKY -- read twice and ordered print-
   ed, and when printed to be committed to  the  Committee  on  Codes  --
   reported  favorably  from  said committee, ordered to first and second
   report, ordered to a third reading,  amended  and  ordered  reprinted,
   retaining  its  place  in the order of third reading -- recommitted to
   the Committee on Codes in accordance with Senate Rule  6,  sec.  8  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 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.
   § 2. Paragraph (i) of subdivision 1 of section 440.10 of the  criminal
 procedure  law,  as amended by section 3 of part OO of chapter 55 of the
 laws of 2019 and subparagraph (ii) of paragraph (i) of subdivision 1  as
 amended  by  chapter  131  of  the  laws  of 2019, is amended to read as
 follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03508-08-0

 S. 4981--B                          2
 
   (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
 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
 SEX   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;
   (II) A MOTION UNDER THIS PARAGRAPH, AND ALL PERTINENT PAPERS AND DOCU-
 MENTS, SHALL BE CONFIDENTIAL AND MAY NOT BE MADE AVAILABLE TO ANY PERSON
 OR PUBLIC OR PRIVATE ENTITY EXCEPT WHERE SPECIFICALLY AUTHORIZED BY  THE
 COURT; AND
   (III) WHEN A MOTION IS FILED UNDER THIS PARAGRAPH, THE COURT MAY, UPON
 THE  CONSENT OF THE PETITIONER AND ALL OF THE STATE AND LOCAL PROSECUTO-
 RIAL AGENCIES THAT PROSECUTED EACH MATTER, CONSOLIDATE INTO ONE PROCEED-
 ING A MOTION TO VACATE JUDGMENTS IMPOSED BY DISTINCT OR MULTIPLE  CRIMI-
 NAL COURTS; OR
   § 3. Subdivision 6 of section 440.10 of the criminal procedure law, as
 amended  by  chapter  131  of  the  laws  of 2019, is amended to read as
 follows:
   6. If the court grants a motion under paragraph (i) or  paragraph  (k)
 of  subdivision  one  of  this  section, it must vacate the judgment and
 dismiss the accusatory instrument, and may take such  additional  action
 as  is appropriate in the circumstances. IN THE CASE OF A MOTION GRANTED
 UNDER PARAGRAPH (I) OF SUBDIVISION ONE OF THIS SECTION, THE  COURT  MUST
 VACATE  THE JUDGMENT ON THE MERITS BECAUSE THE DEFENDANT'S PARTICIPATION
 IN THE OFFENSE WAS A RESULT OF HAVING BEEN A VICTIM OF TRAFFICKING.
   § 4. This act shall take effect immediately;  provided  that  subpara-
 graph  (ii)  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 S4981B

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Archive: Last Bill Status - In Senate Committee Codes Committee

Bill Amendments

co-Sponsors

2019-S4981 - Details

2019-S4981 - Summary

2019-S4981 - Sponsor Memo

2019-S4981 - Bill Text download pdf

co-Sponsors

2019-S4981A - Details

2019-S4981A - Summary

2019-S4981A - Sponsor Memo

2019-S4981A - Bill Text download pdf

co-Sponsors

2019-S4981B (ACTIVE) - Details

2019-S4981B (ACTIVE) - Summary

2019-S4981B (ACTIVE) - Sponsor Memo

2019-S4981B (ACTIVE) - Bill Text download pdf

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