Senate Bill S6358

2025-2026 Legislative Session

Enacts the "child sex crime victims protection act"

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Codes 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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2025-S6358 (ACTIVE) - Details

See Assembly Version of this Bill:
A2712
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add §60.38, Pen L; amd §§722.22 & 722.23, add §440.48, CP L

2025-S6358 (ACTIVE) - Summary

Enacts the "child sex crime victims protection act"; establishes alternative sentencing procedures for victims of child sex crimes who commit crimes against their abusers.

2025-S6358 (ACTIVE) - Sponsor Memo

2025-S6358 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6358
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              March 11, 2025
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed 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, 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
 SUCH PERSON AS DEFINED BY ARTICLE ONE HUNDRED  THIRTY  OF  THIS  CHAPTER
 PRIOR TO OR DURING THE COMMISSION OF SUCH OFFENSE; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00619-04-5
              

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