S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2712--A
 
                        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  -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 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, or who committed a
 crime as the direct result of being a victim of trafficking. It  is  the
 legislature'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 TWENTY, AND THE COURT  FINDS  THAT
 EITHER:
   (A)  THE  INDIVIDUAL  AGAINST  WHOM SUCH PERSON COMMITTED SUCH OFFENSE
 TRAFFICKED SUCH PERSON AS DEFINED BY SECTION 230.34 OR 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00619-03-5
 A. 2712--A                          2
              

 
 SUCH PERSON AS DEFINED BY ARTICLE ONE HUNDRED  THIRTY  OF  THIS  CHAPTER
 PRIOR TO OR DURING THE COMMISSION OF SUCH OFFENSE; OR
   (B)  THE  INDIVIDUAL  WHO  COMMITTED  SUCH  OFFENSE DID SO AS A DIRECT
 RESULT OF BEING A VICTIM OF TRAFFICKING AS DEFINED  BY  SECTION  135.35,
 230.30, 230.32, 230.33, 230.34-A, OR 230.34 OF THIS CHAPTER;
 THE COURT MAY:
   1.  DEPART  FROM  ANY MANDATORY MINIMUM SENTENCE, MAXIMUM SENTENCE, OR
 SENTENCING ENHANCEMENT;
   2. SUSPEND ANY PORTION OF AN OTHERWISE APPLICABLE SENTENCE; OR
   3. IF THE INDIVIDUAL WAS UNDER THE AGE OF EIGHTEEN AT THE TIME OF  THE
 COMMISSION OF THE OFFENSE, 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 JUVENILE OFFENDER MAY REQUEST A HEARING TO DETERMINE:
   (I) IF THE INDIVIDUAL AGAINST WHOM SUCH  JUVENILE  OFFENDER  COMMITTED
 SUCH  OFFENSE COMMITTED A CHILD SEX CRIME AGAINST SUCH JUVENILE OFFENDER
 PRIOR TO OR DURING THE COMMISSION OF SUCH OFFENSE; OR
   (II) IF THE JUVENILE OFFENDER  COMMITTED  SUCH  OFFENSE  AS  A  DIRECT
 RESULT  OF  BEING  A VICTIM OF TRAFFICKING AS DEFINED BY SECTION 135.35,
 230.30, 230.32, 230.33, 230.34, OR 230.34-A OF THE PENAL LAW; 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:
   (I) THE INDIVIDUAL AGAINST WHOM SUCH JUVENILE OFFENDER COMMITTED  SUCH
 OFFENSE  TRAFFICKED  SUCH JUVENILE OFFENDER AS DEFINED BY SECTION 230.34
 OR 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 ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW PRIOR
 TO OR DURING THE COMMISSION OF SUCH OFFENSE; OR
   (II)  THE  JUVENILE OFFENDER COMMITTED SUCH OFFENSE AS A DIRECT RESULT
 OF BEING A VICTIM OF TRAFFICKING AS DEFINED BY SECTION  135.35,  230.30,
 230.32, 230.33, 230.34-A, OR 230.34 OF THE PENAL LAW.
   § 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 AN OFFENSE
 COMMITTED WHEN SUCH DEFENDANT WAS UNDER EIGHTEEN YEARS OF AGE:
   (A) THE DEFENDANT MAY REQUEST A HEARING TO DETERMINE IF, PRIOR  TO  OR
 DURING THE COMMISSION OF SUCH OFFENSE:
   (I)  THE  INDIVIDUAL AGAINST WHOM THE DEFENDANT COMMITTED SUCH OFFENSE
 COMMITTED A CHILD SEX CRIME AGAINST THE DEFENDANT; OR
   (II) THE DEFENDANT COMMITTED SUCH OFFENSE AS A DIRECT RESULT OF  BEING
 A  VICTIM  OF  TRAFFICKING AS DEFINED BY SECTION 135.35, 230.30, 230.32,
 230.33, 230.34, OR 230.34-A OF THE PENAL LAW; 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
 A. 2712--A                          3
 
 EVIDENCE  THAT,  PRIOR TO THE COMMISSION OF SUCH OFFENSE BY SUCH DEFEND-
 ANT:
   (I)  THE  INDIVIDUAL AGAINST WHOM THE DEFENDANT COMMITTED SUCH OFFENSE
 TRAFFICKED SUCH DEFENDANT AS DEFINED BY SECTION 230.34  OR  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 ARTICLE ONE HUNDRED  THIRTY
 OF THE PENAL LAW; OR
   (II)  THAT  THE DEFENDANT COMMITTED SUCH OFFENSE AS A DIRECT RESULT OF
 BEING A VICTIM OF TRAFFICKING AS  DEFINED  BY  SECTION  135.35,  230.30,
 230.32, 230.33, 230.34, OR 230.34-A 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.
   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 SUCH  PERSON  IS  ELIGIBLE
 FOR  AN  ALTERNATIVE  SENTENCE  AS  A PERSON CONVICTED AS AN ADULT OF AN
 OFFENSE COMMITTED WHEN SUCH PERSON WAS UNDER TWENTY YEARS OF AGE  PURSU-
 ANT TO SECTION 60.38 OF THE PENAL LAW; AND
   (I) THE INDIVIDUAL AGAINST WHOM SUCH PERSON COMMITTED SUCH CRIME TRAF-
 FICKED SUCH PERSON AS DEFINED BY SECTION 230.34 OR 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 ARTICLE  ONE  HUNDRED  THIRTY  OF  THE
 PENAL LAW; OR
   (II)  THE DEFENDANT COMMITTED SUCH OFFENSE AS A DIRECT RESULT OF BEING
 A VICTIM OF TRAFFICKING AS DEFINED BY SECTION  135.35,  230.30,  230.32,
 230.33, 230.34, OR 230.34-A 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
 A. 2712--A                          4
 
 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.
   (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-
 A. 2712--A                          5

 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.