BILL NUMBER: S1966REVISED 11/9/23

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 people in prostitution 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 § 230.40 (permitting prostitution) to victims of and
witnesses to crimes under the following circumstances: when the victim
or witness reports the crime to a law enforcement agency, seeks or
receives health care services, or aids in the investigation of the
crime.
              

Section 2 is the effective date, 60 days after it becomes a law.

 
JUSTIFICATION:

Because of our laws, people in prostitution work in an inherently crimi-
nal environment in which they are often targeted for violence.  They
often don't report violent crimes or seek medical attention because they
fear being 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 permitting prostitution
(which is what a roommate would be charged with) when they seek help.
The concept is similar to the so-called "Good Samaritan" law we enacted
in 2011 to protect people who seek help for someone suffering an over-
dose.

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:

S.2233 of 2022: Referred to Codes;

S.2233 of 2021: Amended and Recommitted to Codes;

S.8927 of 2019-20: Referred to Rules

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect 60 days after it shall have become a law, and
shall apply to any prosecution pending on or after the time it shall
take effect.