S T A T E O F N E W Y O R K
________________________________________________________________________
2712
2025-2026 Regular Sessions
I N A S S E M B L Y
January 22, 2025
___________
Introduced by M. of A. PAULIN -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law and the criminal procedure law, in
relation to enacting the "child sex crime victims protection act"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "child sex
crime victims protection act" or "Sara's law".
§ 2. Legislative intent. This act shall be construed as prioritizing
the successful treatment and rehabilitation of child sex crime victims
who commit acts of violence against their abusers. It is the legisla-
ture's preference that such persons be viewed as child victims and
provided with treatment and services rather than transferred into the
adult system.
§ 3. The penal law is amended by adding a new section 60.38 to read as
follows:
§ 60.38 AUTHORIZED DISPOSITIONS; CHILD SEX CRIME VICTIMS.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHEN A
PERSON IS CONVICTED AS AN ADULT OF AN OFFENSE THAT SUCH PERSON COMMITTED
WHEN SUCH PERSON WAS UNDER THE AGE OF EIGHTEEN, AND THE COURT FINDS THAT
THE INDIVIDUAL AGAINST WHOM SUCH PERSON COMMITTED SUCH OFFENSE TRAF-
FICKED SUCH PERSON AS DEFINED BY SECTION 230.34-A OF THIS CHAPTER,
COMPELLED SUCH PERSON TO ENGAGE IN PROSTITUTION AS DEFINED BY SECTION
230.33 OF THIS CHAPTER, PROMOTED THE PROSTITUTION OF SUCH PERSON IN THE
FIRST DEGREE AS DEFINED BY SECTION 230.32 OF THIS CHAPTER, PROMOTED THE
PROSTITUTION OF SUCH PERSON IN THE SECOND DEGREE AS DEFINED BY SECTION
230.30 OF THIS CHAPTER, OR COMMITTED A SEX OFFENSE AGAINST SUCH PERSON
AS DEFINED BY SECTION 130.30, 130.35, 130.53, 130.55, 130.60, 130.65,
130.66, 130.67, 130.70, 130.75, 130.80, 130.85, 130.90, 130.91, 130.95,
OR 130.96 OF THIS CHAPTER PRIOR TO SUCH OFFENSE, THE COURT MAY:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00619-01-5
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1. DEPART FROM ANY MANDATORY MINIMUM SENTENCE, MAXIMUM SENTENCE, OR
SENTENCING ENHANCEMENT;
2. SUSPEND ANY PORTION OF AN OTHERWISE APPLICABLE SENTENCE; OR
3. TRANSFER SUCH PERSON BACK TO THE JURISDICTION OF THE FAMILY COURT
FOR DISPOSITION PURSUANT TO ARTICLE SEVEN HUNDRED TWENTY-FIVE OF THE
CRIMINAL PROCEDURE LAW.
§ 4. Section 722.22 of the criminal procedure law is amended by adding
a new subdivision 1-a to read as follows:
1-A. AFTER A MOTION BY A JUVENILE OFFENDER, PURSUANT TO SUBDIVISION
FIVE OF SECTION 722.20 OF THIS ARTICLE, OR AFTER ARRAIGNMENT OF A JUVE-
NILE OFFENDER UPON AN INDICTMENT:
(A) THE DEFENDANT MAY REQUEST A HEARING TO DETERMINE IF THE INDIVIDUAL
AGAINST WHOM SUCH JUVENILE OFFENDER COMMITTED SUCH OFFENSE COMMITTED A
CHILD SEX CRIME AGAINST SUCH JUVENILE OFFENDER PRIOR TO SUCH OFFENSE;
AND
(B) THE COURT SHALL, ON MOTION OF ANY PARTY OR ON ITS OWN MOTION,
ORDER REMOVAL OF THE ACTION TO THE FAMILY COURT PURSUANT TO THE
PROVISIONS OF ARTICLE SEVEN HUNDRED TWENTY-FIVE OF THIS TITLE, IF, AFTER
SUCH HEARING, IT IS PROVEN BY A PREPONDERANCE OF THE EVIDENCE THAT THE
INDIVIDUAL AGAINST WHOM SUCH JUVENILE OFFENDER COMMITTED SUCH OFFENSE
TRAFFICKED SUCH JUVENILE OFFENDER AS DEFINED BY SECTION 230.34-A OF THE
PENAL LAW, COMPELLED SUCH JUVENILE OFFENDER TO ENGAGE IN PROSTITUTION AS
DEFINED BY SECTION 230.33 OF THE PENAL LAW, PROMOTED THE PROSTITUTION OF
SUCH JUVENILE OFFENDER IN THE FIRST DEGREE AS DEFINED BY SECTION 230.32
OF THE PENAL LAW, PROMOTED THE PROSTITUTION OF SUCH JUVENILE OFFENDER IN
THE SECOND DEGREE AS DEFINED BY SECTION 230.30 OF THE PENAL LAW, OR
COMMITTED A SEX OFFENSE AGAINST SUCH JUVENILE OFFENDER AS DEFINED BY
SECTION 130.30, 130.35, 130.53, 130.55, 130.60, 130.65, 130.66, 130.67,
130.70, 130.75, 130.80, 130.85, 130.90, 130.91, 130.95, OR 130.96 OF THE
PENAL LAW PRIOR TO SUCH OFFENSE.
§ 5. Section 722.23 of the criminal procedure law is amended by adding
a new subdivision 2-a to read as follows:
2-A. FOLLOWING THE ARRAIGNMENT OF A DEFENDANT CHARGED WITH A CRIME
COMMITTED WHEN SUCH DEFENDANT WAS UNDER EIGHTEEN YEARS OF AGE:
(A) THE DEFENDANT MAY REQUEST A HEARING TO DETERMINE IF, PRIOR TO THE
COMMISSION OF SUCH CRIME BY SUCH DEFENDANT, THE INDIVIDUAL AGAINST WHOM
SUCH DEFENDANT COMMITTED SUCH CRIME COMMITTED A CHILD SEX CRIME AGAINST
SUCH DEFENDANT; AND
(B) THE COURT SHALL ORDER REMOVAL OF THE ACTION TO THE FAMILY COURT
PURSUANT TO THE PROVISIONS OF ARTICLE SEVEN HUNDRED TWENTY-FIVE OF THIS
TITLE, IF, AFTER SUCH HEARING, IT IS PROVEN BY A PREPONDERANCE OF THE
EVIDENCE THAT, PRIOR TO THE COMMISSION OF SUCH CRIME BY SUCH DEFENDANT,
THE INDIVIDUAL AGAINST WHOM SUCH DEFENDANT COMMITTED SUCH CRIME TRAF-
FICKED SUCH DEFENDANT AS DEFINED BY SECTION 230.34-A OF THE PENAL LAW,
COMPELLED SUCH DEFENDANT TO ENGAGE IN PROSTITUTION AS DEFINED BY SECTION
230.33 OF THE PENAL LAW, PROMOTED THE PROSTITUTION OF SUCH DEFENDANT IN
THE FIRST DEGREE AS DEFINED BY SECTION 230.32 OF THE PENAL LAW, PROMOTED
THE PROSTITUTION OF SUCH DEFENDANT IN THE SECOND DEGREE AS DEFINED BY
SECTION 230.30 OF THE PENAL LAW, OR COMMITTED A SEX OFFENSE AGAINST SUCH
DEFENDANT AS DEFINED BY SECTION 130.30, 130.35, 130.53, 130.55, 130.60,
130.65, 130.66, 130.67, 130.70, 130.75, 130.80, 130.85, 130.90, 130.91,
130.95, OR 130.96 OF THE PENAL LAW.
§ 6. The criminal procedure law is amended by adding a new section
440.48 to read as follows:
§ 440.48 MOTION FOR RESENTENCE; CHILD SEX CRIME VICTIMS.
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1. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ANY
PERSON WHO IS CONFINED IN AN INSTITUTION OPERATED BY THE DEPARTMENT OF
CORRECTION AND COMMUNITY SUPERVISION AND SERVING A SENTENCE FOR AN
OFFENSE COMMITTED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION MAY SUBMIT
TO THE JUDGE OR JUSTICE WHO ORIGINALLY SENTENCED SUCH PERSON FOR SUCH
OFFENSE AN APPLICATION TO BE RESENTENCED TO A DETERMINATE SENTENCE
PURSUANT TO SECTION 60.38 OF THE PENAL LAW IF:
(I) SUCH PERSON IS ELIGIBLE FOR AN ALTERNATIVE SENTENCE AS A PERSON
CONVICTED AS AN ADULT OF AN OFFENSE COMMITTED WHEN SUCH PERSON WAS UNDER
EIGHTEEN YEARS OF AGE PURSUANT TO SECTION 60.38 OF THE PENAL LAW; AND
(II) THE INDIVIDUAL AGAINST WHOM SUCH PERSON COMMITTED SUCH CRIME
TRAFFICKED SUCH PERSON AS DEFINED BY SECTION 230.34-A OF THE PENAL LAW,
COMPELLED SUCH PERSON TO ENGAGE IN PROSTITUTION AS DEFINED BY SECTION
230.33 OF THE PENAL LAW, PROMOTED THE PROSTITUTION OF SUCH PERSON IN THE
FIRST DEGREE AS DEFINED BY SECTION 230.32 OF THE PENAL LAW, PROMOTED THE
PROSTITUTION OF SUCH PERSON IN THE SECOND DEGREE AS DEFINED BY SECTION
230.30 OF THE PENAL LAW, OR COMMITTED A SEX OFFENSE AGAINST SUCH PERSON
AS DEFINED BY SECTION 130.30, 130.35, 130.53, 130.55, 130.60, 130.65,
130.66, 130.67, 130.70, 130.75, 130.80, 130.85, 130.90, 130.91, 130.95,
OR 130.96 OF THE PENAL LAW.
(B) AN APPLICATION TO BE RESENTENCED TO A DETERMINATE SENTENCE SUBMIT-
TED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION SHALL INCLUDE DOCUMEN-
TATION PROVING THAT SUCH PERSON IS:
(I) CONFINED IN AN INSTITUTION OPERATED BY THE DEPARTMENT OF
CORRECTIONS AND COMMUNITY SUPERVISION AND IS SERVING A SENTENCE FOR AN
OFFENSE COMMITTED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION; AND
(II) ELIGIBLE FOR AN ALTERNATIVE SENTENCE AS A PERSON CONVICTED AS AN
ADULT OF AN OFFENSE COMMITTED WHEN SUCH PERSON WAS UNDER EIGHTEEN YEARS
OF AGE PURSUANT TO SECTION 60.38 OF THE PENAL LAW.
(C) IF, AT THE TIME OF SUCH PERSON'S REQUEST TO APPLY FOR RESENTENCING
PURSUANT TO THIS SECTION, THE JUDGE OR JUSTICE WHO ORIGINALLY SENTENCED
SUCH PERSON IS A JUDGE OR JUSTICE OF A COURT OF COMPETENT JURISDICTION,
BUT SUCH COURT IS NOT THE COURT IN WHICH SUCH PERSON WAS ORIGINALLY
SENTENCED, THEN THE REQUEST SHALL BE RANDOMLY ASSIGNED TO ANOTHER JUDGE
OR JUSTICE OF THE COURT IN WHICH SUCH PERSON WAS ORIGINALLY SENTENCED.
IF THE JUDGE OR JUSTICE WHO ORIGINALLY SENTENCED SUCH PERSON IS NO LONG-
ER A JUDGE OR JUSTICE OF A COURT OF COMPETENT JURISDICTION, THEN THE
REQUEST SHALL BE RANDOMLY ASSIGNED TO ANOTHER JUDGE OR JUSTICE OF THE
COURT IN WHICH SUCH PERSON WAS ORIGINALLY SENTENCED.
(D) IF THE COURT FINDS THAT SUCH PERSON IS ELIGIBLE TO APPLY FOR
RESENTENCING PURSUANT TO THIS SECTION, THE COURT SHALL NOTIFY SUCH
PERSON THAT SUCH PERSON MAY SUBMIT AN APPLICATION FOR RESENTENCING. UPON
SUCH NOTIFICATION, THE PERSON MAY REQUEST THAT THE COURT ASSIGN AN
ATTORNEY TO SUCH PERSON FOR THE PREPARATION OF AND PROCEEDINGS ON THE
APPLICATION FOR RESENTENCING SUBMITTED PURSUANT TO THIS SECTION. THE
ATTORNEY SHALL BE ASSIGNED PURSUANT TO THE APPLICABLE PROVISIONS OF
SECTION SEVEN HUNDRED TWENTY-TWO AND ARTICLE EIGHTEEN-A OF THE COUNTY
LAW.
(E) IF THE COURT FINDS THAT SUCH PERSON IS NOT ELIGIBLE TO APPLY FOR
RESENTENCING PURSUANT TO THIS SECTION, THE COURT SHALL NOTIFY SUCH
PERSON OF SUCH INELIGIBILITY AND DISMISS SUCH PERSON'S REQUEST TO APPLY
FOR RESENTENCING WITHOUT PREJUDICE.
2. (A) UPON RECEIPT OF AN APPLICATION FOR RESENTENCING, THE COURT
SHALL PROMPTLY NOTIFY THE APPROPRIATE DISTRICT ATTORNEY AND PROVIDE SUCH
DISTRICT ATTORNEY WITH A COPY OF SUCH APPLICATION.
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(B) IF THE JUDGE OR JUSTICE WHO RECEIVES SUCH PERSON'S APPLICATION FOR
RESENTENCING IS NOT THE JUDGE OR JUSTICE WHO ORIGINALLY SENTENCED SUCH
PERSON, SUCH APPLICATION MAY BE REFERRED TO THE JUDGE OR JUSTICE WHO
ORIGINALLY SENTENCED SUCH PERSON; PROVIDED, HOWEVER, THAT THE JUDGE OR
JUSTICE WHO ORIGINALLY SENTENCED SUCH PERSON IS A JUDGE OR JUSTICE OF A
COURT OF COMPETENT JURISDICTION; AND PROVIDED, FURTHER, THAT THE PERSON
APPLYING FOR RESENTENCING AND THE DISTRICT ATTORNEY AGREE THAT SUCH
APPLICATION SHOULD BE REFERRED.
3. (A) IF THE COURT FINDS THAT SUCH PERSON HAS MET THE REQUIREMENTS OF
THIS SECTION, THE COURT SHALL CONDUCT A HEARING TO DETERMINE WHETHER TO
APPROVE OR DENY SUCH PERSON'S APPLICATION FOR RESENTENCING. AT SUCH
HEARING, THE COURT SHALL DETERMINE ANY CONTROVERTED ISSUE OF FACT RELE-
VANT TO THE ISSUE OF SENTENCING. RELIABLE HEARSAY SHALL BE ADMISSIBLE AT
SUCH HEARINGS.
(B) IF THE COURT DENIES SUCH PERSON'S APPLICATION FOR RESENTENCING,
THE COURT SHALL NOTIFY SUCH PERSON OF SUCH DENIAL AND SHALL ENTER AN
ORDER TO THAT EFFECT.
(C) IF THE COURT APPROVES SUCH PERSON'S APPLICATION FOR RESENTENCING,
THE COURT SHALL NOTIFY SUCH PERSON THAT, UNLESS SUCH PERSON WITHDRAWS
THE APPLICATION OR APPEALS FROM SUCH APPROVAL, THE COURT SHALL ENTER AN
ORDER VACATING THE SENTENCE ORIGINALLY IMPOSED AND IMPOSE THE NEW
SENTENCE PURSUANT TO SECTION 60.38 OF THE PENAL LAW. SUCH APPROVAL MAY
BE BASED ON THE GROUNDS THAT ANY ORDER ISSUED BY A COURT PURSUANT TO
THIS SUBDIVISION MUST INCLUDE WRITTEN FINDINGS OF FACT AND THE REASONS
FOR SUCH ORDER.
4. (A) AN APPEAL MAY BE TAKEN AS OF RIGHT PURSUANT TO THIS CHAPTER:
(I) FROM AN ORDER DENYING SUCH PERSON'S APPLICATION FOR RESENTENCING;
(II) FROM A NEW SENTENCE IMPOSED PURSUANT TO PARAGRAPH (C) OF SUBDIVI-
SION THREE OF THIS SECTION ON THE GROUNDS THAT THE TERM OF THE NEW
SENTENCE IS HARSH OR EXCESSIVE OR IS UNAUTHORIZED AS A MATTER OF LAW; OR
(III) FROM AN ORDER SPECIFYING AND INFORMING SUCH PERSON OF THE TERM
OF THE DETERMINATE SENTENCE THE COURT WOULD IMPOSE UPON RESENTENCING ON
THE GROUND THAT THE TERM OF THE PROPOSED SENTENCE IS HARSH OR EXCESSIVE.
(B) UPON REMAND TO THE SENTENCING COURT FOLLOWING SUCH APPEAL, THE
PERSON APPLYING FOR RESENTENCING SHALL BE GIVEN AN OPPORTUNITY TO WITH-
DRAW SUCH APPLICATION BEFORE ANY RESENTENCE IS IMPOSED. SUCH PERSON MAY
REQUEST THAT THE COURT ASSIGN AN ATTORNEY TO SUCH PERSON FOR THE PREPA-
RATION OF AND PROCEEDINGS ON ANY APPEALS REGARDING SUCH PERSON'S APPLI-
CATION FOR RESENTENCING PURSUANT TO THIS SECTION. THE ATTORNEY SHALL BE
ASSIGNED PURSUANT TO THE APPLICABLE PROVISIONS OF SECTION SEVEN HUNDRED
TWENTY-TWO AND ARTICLE EIGHTEEN-A OF THE COUNTY LAW.
5. IN CALCULATING THE NEW TERM TO BE SERVED BY SUCH PERSON APPLYING
FOR RESENTENCING PURSUANT TO SECTION 60.38 OF THE PENAL LAW, SUCH PERSON
SHALL BE CREDITED FOR ANY PERIOD OF INCARCERATION CREDITED TOWARD:
(A) THE SUBJECT CONVICTION; AND
(B) THE SENTENCE ORIGINALLY IMPOSED.
§ 7. This act shall take effect immediately.