S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    588
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  M.  of  A. PAULIN, SEAWRIGHT, EPSTEIN, DINOWITZ, HEVESI,
   GONZALEZ-ROJAS, JACOBSON, DAVILA, SIMON, STECK, LEE,  WEPRIN,  KELLES,
   BORES, ROSENTHAL -- read once and referred to the Committee on Codes
 
 AN  ACT  to  amend the criminal procedure law, in relation to the former
   crime of loitering for the  purpose  of  engaging  in  a  prostitution
   offense   and   expunging  criminal  records  for  persons  previously
   convicted of such crime
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 160.50 of the criminal procedure law is amended by
 adding a new subdivision 6 to read as follows:
   6. (A) A CONVICTION FOR AN OFFENSE DESCRIBED IN FORMER SECTION  240.37
 OF  THE  PENAL  LAW AS SUCH SECTION WAS IN EFFECT ON FEBRUARY FIRST, TWO
 THOUSAND TWENTY-ONE SHALL, ON AND  AFTER  THE  EFFECTIVE  DATE  OF  THIS
 SUBDIVISION,  IN  ACCORDANCE  WITH  THE PROVISIONS OF THIS PARAGRAPH, BE
 VACATED AND DISMISSED, AND ALL RECORDS OF SUCH CONVICTION OR CONVICTIONS
 AND RELATED TO SUCH CONVICTION OR  CONVICTIONS  SHALL  BE  EXPUNGED,  AS
 DESCRIBED IN SUBDIVISION FORTY-FIVE OF SECTION 1.20 OF THIS CHAPTER, AND
 THE  MATTER  SHALL  BE CONSIDERED TERMINATED IN FAVOR OF THE ACCUSED AND
 DEEMED A NULLITY, HAVING BEEN RENDERED BY THIS PARAGRAPH LEGALLY  INVAL-
 ID.  ALL  SUCH  RECORDS FOR AN OFFENSE DESCRIBED IN THIS PARAGRAPH WHERE
 THE CONVICTION WAS ENTERED ON OR BEFORE THE EFFECTIVE DATE OF THE  CHAP-
 TER  OF THE LAWS OF TWO THOUSAND TWENTY-FIVE THAT ADDED THIS SUBDIVISION
 SHALL BE EXPUNGED PROMPTLY AND, IN ANY EVENT, NO  LATER  THAN  ONE  YEAR
 AFTER SUCH EFFECTIVE DATE.
   (B) COMMENCING UPON THE EFFECTIVE DATE OF THIS SUBDIVISION:
   (I)  THE  CHIEF  ADMINISTRATOR OF THE COURTS SHALL PROMPTLY NOTIFY THE
 COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES AND THE  HEADS
 OF  ALL  APPROPRIATE POLICE DEPARTMENTS, DISTRICT ATTORNEY'S OFFICES AND
 OTHER LAW ENFORCEMENT AGENCIES OF ALL CONVICTIONS THAT HAVE BEEN VACATED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02100-01-5
 A. 588                              2
 
 AND DISMISSED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION AND THAT ALL
 RECORDS RELATED TO SUCH CONVICTIONS SHALL BE  EXPUNGED  AND  THE  MATTER
 SHALL  BE  CONSIDERED  TERMINATED  IN  FAVOR OF THE ACCUSED AND DEEMED A
 NULLITY,  HAVING BEEN RENDERED LEGALLY  INVALID. UPON RECEIPT OF NOTIFI-
 CATION OF SUCH VACATUR, DISMISSAL AND EXPUNGEMENT, ALL  RECORDS RELATING
 TO SUCH CONVICTION OR CONVICTIONS, OR THE CRIMINAL ACTION OR PROCEEDING,
 AS THE CASE MAY BE, SHALL BE MARKED AS EXPUNGED BY  CONSPICUOUSLY  INDI-
 CATING ON THE FACE OF THE RECORD AND ON EACH PAGE OR AT THE BEGINNING OF
 THE  DIGITIZED FILE OF THE RECORD THAT THE RECORD HAS BEEN DESIGNATED AS
 EXPUNGED. UPON THE WRITTEN REQUEST OF THE INDIVIDUAL WHOSE CASE HAS BEEN
 EXPUNGED OR THEIR DESIGNATED AGENT, SUCH  RECORDS  SHALL  BE  DESTROYED.
 SUCH  RECORDS  AND  PAPERS  SHALL  NOT  BE MADE AVAILABLE TO ANY PERSON,
 EXCEPT THE INDIVIDUAL WHOSE CASE HAS  BEEN  EXPUNGED  OR  SUCH  PERSON'S
 DESIGNATED AGENT; AND
   (II)  WHERE  AUTOMATIC  VACATUR, DISMISSAL, AND EXPUNGEMENT, INCLUDING
 RECORD DESTRUCTION IF REQUESTED, IS REQUIRED BY THIS SUBDIVISION BUT ANY
 RECORD OF THE COURT SYSTEM IN THIS STATE HAS NOT  YET  BEEN  UPDATED  TO
 REFLECT SAME:
   (A)  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW EXCEPT AS PROVIDED IN
 PARAGRAPH (D) OF SUBDIVISION ONE OF THIS SECTION AND  PARAGRAPH  (E)  OF
 SUBDIVISION  FOUR OF SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE EXECUTIVE
 LAW:
   (1) WHEN THE DIVISION OF CRIMINAL JUSTICE SERVICES CONDUCTS  A  SEARCH
 OF  ITS CRIMINAL HISTORY RECORDS, MAINTAINED PURSUANT TO SUBDIVISION SIX
 OF SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE EXECUTIVE LAW, AND  RETURNS
 A  REPORT  THEREON,  ALL  REFERENCES  TO  A  CONVICTION  FOR  AN OFFENSE
 DESCRIBED IN PARAGRAPH (K) OF SUBDIVISION THREE OF THIS SECTION SHALL BE
 EXCLUDED FROM SUCH REPORT; AND
   (2) THE CHIEF ADMINISTRATOR OF THE COURTS SHALL DEVELOP AND PROMULGATE
 RULES AS MAY BE NECESSARY TO ENSURE THAT NO WRITTEN OR ELECTRONIC REPORT
 OF A CRIMINAL HISTORY RECORD SEARCH CONDUCTED BY  THE  OFFICE  OF  COURT
 ADMINISTRATION  CONTAINS  INFORMATION  RELATING  TO  A CONVICTION FOR AN
 OFFENSE DESCRIBED IN PARAGRAPH (K) OF SUBDIVISION THREE OF THIS SECTION;
 AND
   (B) WHERE COURT RECORDS RELEVANT TO SUCH MATTER CANNOT BE  LOCATED  OR
 HAVE  BEEN  DESTROYED, AND A PERSON OR THE PERSON'S ATTORNEY PRESENTS TO
 AN APPROPRIATE COURT EMPLOYEE A FINGERPRINT RECORD OF THE NEW YORK STATE
 DIVISION OF CRIMINAL JUSTICE SERVICES, OR A COPY OF A COURT  DISPOSITION
 RECORD  OR  OTHER RELEVANT COURT RECORD, WHICH INDICATES THAT A CRIMINAL
 ACTION OR PROCEEDING AGAINST SUCH PERSON WAS TERMINATED BY CONVICTION OF
 AN OFFENSE DESCRIBED IN PARAGRAPH  (K)  OF  SUBDIVISION  THREE  OF  THIS
 SECTION,  THEN  PROMPTLY, AND IN ANY EVENT WITHIN THIRTY DAYS AFTER SUCH
 NOTICE TO SUCH COURT EMPLOYEE, THE CHIEF ADMINISTRATOR OF THE COURTS  OR
 SUCH  CHIEF  ADMINISTRATOR'S  DESIGNEE  SHALL  ASSURE THAT SUCH VACATUR,
 DISMISSAL, AND EXPUNGEMENT, INCLUDING RECORD DESTRUCTION  IF  REQUESTED,
 HAVE  BEEN  COMPLETED  IN ACCORDANCE WITH SUBPARAGRAPH (I) OF THIS PARA-
 GRAPH.
   (C) VACATUR, DISMISSAL AND EXPUNGEMENT AS SET FORTH IN  THIS  SUBDIVI-
 SION  SHALL BE WITHOUT PREJUDICE TO ANY PERSON OR SUCH PERSON'S ATTORNEY
 SEEKING FURTHER RELIEF PURSUANT TO ARTICLE FOUR HUNDRED  FORTY  OF  THIS
 CHAPTER  OR  ANY OTHER LAW. NOTHING IN THIS SECTION IS INTENDED OR SHALL
 BE INTERPRETED TO DIMINISH OR ABROGATE ANY  RIGHT  OR  REMEDY  OTHERWISE
 AVAILABLE TO ANY PERSON.
   (D)  THE OFFICE OF COURT ADMINISTRATION, IN CONJUNCTION WITH THE DIVI-
 SION OF CRIMINAL JUSTICE SERVICES, SHALL DEVELOP AN AFFIRMATIVE INFORMA-
 TION CAMPAIGN AND WIDELY DISSEMINATE TO THE PUBLIC, THROUGH ITS WEBSITE,
 A. 588                              3
 
 PUBLIC SERVICE ANNOUNCEMENTS AND OTHER MEANS, IN MULTIPLE LANGUAGES  AND
 THROUGH  MULTIPLE  OUTLETS,  INFORMATION  CONCERNING THE EXPUNGEMENT AND
 VACATUR OF LOITERING FOR THE PURPOSES OF PROSTITUTION CONVICTIONS ESTAB-
 LISHED BY THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-FIVE THAT ADDED
 THIS SUBDIVISION, INCLUDING, BUT  NOT LIMITED TO, THE AUTOMATIC EXPUNGE-
 MENT  OF CERTAIN PAST CONVICTIONS, THE MEANS BY WHICH  AN INDIVIDUAL MAY
 FILE A MOTION FOR VACATUR, DISMISSAL AND  EXPUNGEMENT  OF  CERTAIN  PAST
 CONVICTIONS,  AND  THE  IMPACT OF SUCH CHANGES ON SUCH PERSON'S CRIMINAL
 HISTORY RECORDS.
   § 2. The opening paragraph of subdivision 1, subdivision 2  and  para-
 graph  (a)  of subdivision 3 of section 170.80 of the criminal procedure
 law, the opening paragraph of subdivision 1 as amended by chapter 23  of
 the  laws  of  2021,  and  subdivision 2 as amended and paragraph (a) of
 subdivision 3 as added by chapter 402 of the laws of 2014,  are  amended
 to read as follows:
   Notwithstanding  any  other  provision of law, at any time at or after
 arraignment on a charge of prostitution pursuant to  section  230.00  of
 the  penal law, EXCEPT WHERE, after consultation with counsel, a knowing
 and voluntary plea of guilty has been entered to such charge, any  judge
 or  justice  hearing  any  stage  of  such case may, upon consent of the
 defendant after consultation with counsel:
   2. In the event of a conviction by plea or verdict to such  charge  or
 charges  of prostitution [or loitering for the purposes of prostitution]
 as described in subdivision one of this section,  the  court  must  find
 that  the  person  is a youthful offender for the purpose of such charge
 and proceed in accordance with article  seven  hundred  twenty  of  this
 chapter,  provided,  however,  that  the available sentence shall be the
 sentence that may be imposed for a violation as defined  in  subdivision
 three  of  section  10.00 of the penal law. In such case, the records of
 the investigation and proceedings  relating  to  such  charge  shall  be
 sealed in accordance with section 720.35 of this chapter.
   (a)  When  a  charge of prostitution [or loitering for the purposes of
 prostitution] has been conditionally converted to a person  in  need  of
 supervision  proceeding pursuant to subdivision one of this section, the
 defendant shall be deemed a "sexually exploited  child"  as  defined  in
 subdivision  one  of  section  four  hundred forty-seven-a of the social
 services law and therefore shall not be considered an adult for purposes
 related to the charges in the person in need of supervision  proceeding.
 Sections  seven  hundred  eighty-one,  seven  hundred  eighty-two, seven
 hundred eighty-two-a,  seven  hundred  eighty-three  and  seven  hundred
 eighty-four of the family court act shall apply to any proceeding condi-
 tionally converted under this section.
   §  3.  Subparagraph  (iv) of paragraph (k) of subdivision 3 of section
 160.50 of the criminal procedure law, as amended by chapter  92  of  the
 laws of 2021, is amended to read as follows:
   (iv)  the  conviction  was  for  an  offense defined in FORMER section
 240.37 of the penal law; or
   § 4. This act shall take effect immediately.