The LCN: Gallivan applauds new law to protect young victims of human trafficking

State Sen. Patrick M. Gallivan (R-Elma) says a new state law will protect young victims of human trafficking by ensuring they receive the help and treatment they need.

Gallivan says he supports the law (S.6804/A.8749-A) signed this week by Gov. Andrew Cuomo, but says a more comprehensive bill passed by the Senate should also become law.

“This new law is a great start when it comes to assisting the thousands of innocent victims of human trafficking, many of whom are young females. The courts will have the authority to ensure these victims have access to housing and community-based programs to help them escape these horrendous circumstances. Now it’s time to go even further in our efforts to end human trafficking in New York,” Gallivan said in a statement.

The bill signed by Cuomo establishes a provision requiring records of 16- and 17-year old victims to be sealed, which will protect the information from being discovered by future employers. Under the new provision, the records will remain sealed unless they are needed in the prosecution of the victim’s trafficker.

The legislation also will classify victims as sexually exploited children instead of adults. Human trafficking victims will receive youthful offender status if they plead or are found guilty to ensure they don’t have a future criminal record, according to Cuomo’s office.

The law also makes a change to how cases involving 16- and 17-year-olds are treated. Instead of being automatically classified as criminal, services will be provided to the teens, including crisis intervention programs and housing. If the teens don’t utilize the services, a judge will have the authority to convert it back to a criminal case, Cuomo’s office said.

“These new protections build upon our work to combat human trafficking in New York by providing more tools to help victims escape their circumstances and to get a fresh start,” Cuomo said in a news release.

Gallivan is co-prime sponsor of legislation (S5879) called the “Trafficking Victims Protection and Justice Act” which would toughen existing laws and hold accountable sex and labor traffickers and others who organize, promote, support and patronize the trafficking industry. The measure would make sex trafficking a Class B violent felony and certain cases of labor trafficking a Class D violent felony. It would also make it a felony to patronize a minor for prostitution. The bill received unanimous support in the Senate in 2013 and 2014, but died in the Assembly.

“It is time to pass comprehensive legislation to crackdown on this despicable crime. We must do more to protect and assist the thousands of victims of human trafficking and go after those who are fueling the growth of this underground industry,” Gallivan said. 

In addition to providing consistency within the Penal Law when dealing with human trafficking, the bill provides for increased awareness among law enforcement agencies to identify cases of human trafficking and available victim services.

Gallivan anticipates the legislation will be re-introduced in the legislative session that begins in January.

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