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A08071 Summary:

BILL NO    A08071A

SAME AS    SAME AS S05839-A

SPONSOR    Paulin

COSPNSR    Jaffee

MLTSPNSR   

Add S170.80, CP L

Provides that local criminal courts shall treat and retain persons aged 16 and
17 who commit certain prostitution offenses as PINS proceedings.
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A08071 Actions:

BILL NO    A08071A

06/17/2013 referred to codes
06/18/2013 amend and recommit to codes
06/18/2013 print number 8071a
06/20/2013 reported referred to rules
06/20/2013 reported 
06/20/2013 rules report cal.671
06/20/2013 ordered to third reading rules cal.671
06/21/2013 passed assembly
06/21/2013 delivered to senate
06/21/2013 REFERRED TO RULES
06/21/2013 SUBSTITUTED FOR S5839A
06/21/2013 3RD READING CAL.1663
06/21/2013 PASSED SENATE
06/21/2013 RETURNED TO ASSEMBLY
12/30/2013 delivered to governor
01/10/2014 signed chap.555
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A08071 Memo:

BILL NUMBER:A8071A

TITLE  OF BILL:  An act to amend the criminal procedure law, in relation
to the treatment of certain juveniles for certain prostitution offenses

SUMMARY OF PROVISIONS: Section one  of  the  bill  amends  the  Criminal
Procedure  Law  to  allow criminal court judges to treat individuals who
are charged with prostitution or loitering for the purposes of prostitu-
tion when sixteen or seventeen years of age as persons in need of super-
vision ("PINS") under the Family Court Act. It  also  provides  that  if
such  an  individual  is convicted of or pleads guilty to such a charge,
the judge must substitute a youthful offender adjudication.

EXISTING LAW: Under current law these individuals are charged as  crimi-
nals in the criminal courts.

JUSTIFICATION: Individuals under the age of sixteen who are arrested for
prostitution  or  loitering for the purposes of prostitution are treated
in the Family Court as sexually exploited children and are eligible  for
service  alternatives  as opposed to juvenile delinquency adjudications.
While the definition of a sexually exploited child, which was created in
2007 under the Safe Harbour Law, includes  children  under  the  age  of
eighteen,  sixteen  and seventeen year old brought to criminal court are
often not offered similar service alternatives but are  instead  treated
as  criminals. This bill would bring some parity between those under and
over the age of sixteen who are arrested for alleged acts  of  prostitu-
tion.

BUDGET IMPLICATIONS: Minimal.

EFFECTIVE  DATE:  This act shall take effect immediately and shall apply
to such offenses alleged to have been committed on or after such  effec-
tive  date,  as  well  as  to  charges for such offenses pending on such
effective date for which sentence had not yet been imposed.
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A08071 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        8071--A

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                     June 17, 2013
                                      ___________

       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 criminal procedure law, in relation to the treatment
         of certain juveniles for certain prostitution offenses

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1.  The  criminal  procedure  law  is amended by adding a new
    2  section 170.80 to read as follows:
    3  S 170.80 PROCEEDINGS REGARDING  CERTAIN  PROSTITUTION  CHARGES;  CERTAIN
    4               TEENAGERS.
    5    NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, WHEN A PERSON IS ARRESTED
    6  FOR PROSTITUTION OR LOITERING FOR THE PURPOSES OF PROSTITUTION AND  SUCH
    7  OFFENSE  ALLEGEDLY  OCCURRED  WHEN  THE  PERSON WAS SIXTEEN OR SEVENTEEN
    8  YEARS OF AGE:
    9    1. UNLESS, AFTER CONSULTATION WITH COUNSEL  A  KNOWING  AND  VOLUNTARY
   10  PLEA  OF  GUILTY  HAS  BEEN ENTERED TO SUCH CHARGE, ANY JUDGE OR JUSTICE
   11  HEARING ANY STAGE OF SUCH CASE MAY, UPON CONSENT OF THE DEFENDANT  AFTER
   12  CONSULTATION WITH COUNSEL, CONVERT SUCH CHARGE AND RETAIN IT AS A PERSON
   13  IN  NEED  OF  SUPERVISION PROCEEDING FOR ALL PURPOSES AND SHALL HAVE THE
   14  AUTHORITY TO GRANT ANY RELIEF AVAILABLE UNDER ARTICLE SEVEN OF THE FAMI-
   15  LY COURT ACT.
   16    2. ANY ADVERSE FINDING  AND  ALL  RECORDS  OF  THE  INVESTIGATION  AND
   17  PROCEEDINGS  RELATING TO SUCH CHARGE SHALL BE PROMPTLY EXPUNGED UPON THE
   18  PERSON'S EIGHTEENTH BIRTHDAY OR THE CONCLUSION OF THE PROCEEDINGS ON THE
   19  CHARGE BEFORE THE COURT, WHICHEVER OCCURS  LATER.  IN  THE  EVENT  OF  A
   20  CONVICTION  OR  PLEA OF GUILTY TO SUCH CHARGE OR CHARGES OF PROSTITUTION
   21  OR LOITERING FOR THE PURPOSES OF PROSTITUTION AS DESCRIBED IN THE  OPEN-
   22  ING  PARAGRAPH  AND SUBDIVISION ONE OF THIS SECTION, THE COURT MUST FIND
   23  THAT THE PERSON IS A YOUTHFUL OFFENDER AND PROCEED  IN  ACCORDANCE  WITH
   24  ARTICLE  SEVEN  HUNDRED  TWENTY OF THIS CHAPTER, PROVIDED, HOWEVER, THAT

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11570-07-3
       A. 8071--A                          2

    1  WHERE THE CONVICTION FOR WHICH THE YOUTHFUL OFFENDER FINDING IS  SUBSTI-
    2  TUTED  IS  LOITERING  FOR  THE  PURPOSES  OF  PROSTITUTION AS DEFINED IN
    3  SECTION 240.37 OF THE PENAL LAW, THE AVAILABLE  SENTENCE  SHALL  BE  THE
    4  SENTENCE  THAT  MAY  BE  IMPOSED FOR A VIOLATION AS DEFINED IN THE PENAL
    5  LAW.
    6    S 2. This act shall take effect immediately and shall  apply  to  such
    7  offenses alleged to have been committed on or after such effective date,
    8  as  well  as to charges for such offenses pending on such effective date
    9  for which sentence had not yet been imposed.
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