NY State Senate Bill 2019-S8927

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 19, 2020	referred to rules

2019-S8927 (ACTIVE) - Details

See Assembly Version of this Bill:: A8869
Current Committee:: Senate Rules
Law Section:: Penal Law
Laws Affected:: Add §230.45, Pen L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S2233, A255
2023-2024: S1966, A7471

2019-S8927 (ACTIVE) - Summary

Provides immunity from prosecution for certain individuals engaged in prostitution who are victims of or witnesses to a crime and who report such crime or assist in the investigation or prosecution.

2019-S8927 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8927

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

An act to amend the penal law, in relation to individuals engaged in
prostitution who are victims of or witnesses to a crime

 
PURPOSE OR GENERAL IDEA OF BILL:

To encourage sex workers who are crime victims and witnesses to seek
help without fear of being prosecuted for prostitution.

 
SUMMARY OF PROVISIONS:

Section 1 creates a new Penal Law § 230.45 to provide immunity from
prosecution under § 230.00 (prostitution), § 230.03 (prostitution in a
school zone), and § 240.37 (loitering for purposes of prostitution) to
victims of and witnesses to crimes under the following circumstances:
when the victim or witness reports the crime to a law enforcement agen-
cy, seeks or receives health care services, or aids in the investigation

of the crime.

Section 2 is the effective date.

 
JUSTIFICATION:

As a result of our laws, sex workers work in an inherently criminal
environment in which they are often targeted for violence. They often do
not report violent crimes or seek medical attention because they fear
that they would be prosecuted for prostitution. Attackers exploit this
fear and commit heinous crimes with impunity, solely because of the
nature of their victims' work.

This bill protects a victim or witness to a crime from prosecution for
prostitution, prostitution in a school zone, or loitering for the
purpose of engaging in a prostitution offense when they seek help.  The
concept is similar to the "Good Samaritan" law we enacted in 2011 to
protect people who seek help for someone suffering an overdose.  We all
deserve the right to seek safety and health care services. It is in the
public interest to encourage victims and witnesses to come forward and
aid law enforcement. This bill will help deter violent crime and protect
vulnerable New Yorkers.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
60 days after it shall have become a law.

2019-S8927 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8927
 
                             I N  S E N A T E
 
                              August 19, 2020
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN  ACT  to  amend  the penal law, in relation to individuals engaged in
   prostitution who are victims of or witnesses to a crime
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. The penal law is amended by adding a new section 230.45 to
 read as follows:
 § 230.45 IMMUNITY FROM PROSECUTION.
   THIS SECTION APPLIES WHERE A PERSON IS THE VICTIM OF OR A WITNESS TO A
 CRIME (INCLUDING AN INDIVIDUAL WHO BECOMES AWARE THAT ANOTHER PERSON  IS
 A  VICTIM  OF A CRIME), AND HAS ENGAGED OR IS ALLEGED TO HAVE ENGAGED IN
 AN ACT PROHIBITED UNDER SECTION 230.00, 230.03, OR 240.37 OF THIS  CHAP-
 TER  AT  OR  IN  REASONABLE  PROXIMITY TO THE TIME OF THE CRIME OR UNDER
 CIRCUMSTANCES REASONABLY RELATED TO THE CRIME, AND, IN GOOD  FAITH,  (A)
 REPORTS  THE  CRIME  TO  A CRIMINAL LAW ENFORCEMENT AGENCY, (B) SEEKS OR
 RECEIVES HEALTH CARE SERVICES AS A RESULT OF THE CRIME, OR  (C)  ASSISTS
 OR  ATTEMPTS TO ASSIST IN THE INVESTIGATION OR PROSECUTION OF THE CRIME.
 NO SUCH VICTIM OR WITNESS TO THE CRIME SHALL BE  CHARGED  OR  PROSECUTED
 FOR THE OFFENSE UNDER SECTION 230.00, 230.03, OR 240.37 OF THIS CHAPTER.
 AS  USED  IN  THIS SECTION, "CRIME" SHALL INCLUDE AN ACT THAT REASONABLY
 APPEARS TO BE A CRIME, REGARDLESS OF WHETHER IT RESULTS IN A  CONVICTION
 AS A CRIME.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law, and shall apply to  any  prosecution  pending  on  or
 after the time it shall take effect.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14071-02-9

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Senate Bill S8927

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

2019-S8927 (ACTIVE) - Details

2019-S8927 (ACTIVE) - Summary

2019-S8927 (ACTIVE) - Sponsor Memo

2019-S8927 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8927

Share this bill

Sponsored By

Luis R. Sepúlveda

Archive: Last Bill Status - In Senate Committee Rules Committee

2019-S8927 (ACTIVE) - Details

2019-S8927 (ACTIVE) - Summary

2019-S8927 (ACTIVE) - Sponsor Memo

2019-S8927 (ACTIVE) - Bill Text download pdf

Comments