Enacts the "child sex crime victims protection act"; establishes alternative sentencing procedures for victims of child sex crimes who commit crimes against their abusers.
STATE OF NEW YORK
________________________________________________________________________
6358
2025-2026 Regular Sessions
IN SENATE
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:
1 Section 1. This act shall be known and may be cited as the "child sex
2 crime victims protection act" or "Sara's law."
3 § 2. Legislative intent. This act shall be construed as prioritizing
4 the successful treatment and rehabilitation of child sex crime victims
5 who commit acts of violence against their abusers, or who committed a
6 crime as the direct result of being a victim of trafficking. It is the
7 legislature's preference that such persons be viewed as child victims
8 and provided with treatment and services rather than transferred into
9 the adult system.
10 § 3. The penal law is amended by adding a new section 60.38 to read as
11 follows:
12 § 60.38 Authorized dispositions; child sex crime victims.
13 Notwithstanding any other provision of law to the contrary, when a
14 person is convicted as an adult of an offense that such person committed
15 when such person was under the age of twenty, and the court finds that
16 either:
17 (a) the individual against whom such person committed such offense
18 trafficked such person as defined by section 230.34 or 230.34-a of this
19 chapter, compelled such person to engage in prostitution as defined by
20 section 230.33 of this chapter, promoted the prostitution of such person
21 in the first degree as defined by section 230.32 of this chapter,
22 promoted the prostitution of such person in the second degree as defined
23 by section 230.30 of this chapter, or committed a sex offense against
24 such person as defined by article one hundred thirty of this chapter
25 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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1 (b) the individual who committed such offense did so as a direct
2 result of being a victim of trafficking as defined by section 135.35,
3 230.30, 230.32, 230.33, 230.34-a, or 230.34 of this chapter;
4 the court may:
5 1. depart from any mandatory minimum sentence, maximum sentence, or
6 sentencing enhancement;
7 2. suspend any portion of an otherwise applicable sentence; or
8 3. if the individual was under the age of eighteen at the time of the
9 commission of the offense, transfer such person back to the jurisdiction
10 of the family court for disposition pursuant to article seven hundred
11 twenty-five of the criminal procedure law.
12 § 4. Section 722.22 of the criminal procedure law is amended by adding
13 a new subdivision 1-a to read as follows:
14 1-a. After a motion by a juvenile offender, pursuant to subdivision
15 five of section 722.20 of this article, or after arraignment of a juve-
16 nile offender upon an indictment:
17 (a) the juvenile offender may request a hearing to determine:
18 (i) if the individual against whom such juvenile offender committed
19 such offense committed a child sex crime against such juvenile offender
20 prior to or during the commission of such offense; or
21 (ii) if the juvenile offender committed such offense as a direct
22 result of being a victim of trafficking as defined by section 135.35,
23 230.30, 230.32, 230.33, 230.34, or 230.34-a of the penal law; and
24 (b) the court shall, on motion of any party or on its own motion,
25 order removal of the action to the family court pursuant to the
26 provisions of article seven hundred twenty-five of this title, if, after
27 such hearing, it is proven by a preponderance of the evidence that:
28 (i) the individual against whom such juvenile offender committed such
29 offense trafficked such juvenile offender as defined by section 230.34
30 or 230.34-a of the penal law, compelled such juvenile offender to engage
31 in prostitution as defined by section 230.33 of the penal law, promoted
32 the prostitution of such juvenile offender in the first degree as
33 defined by section 230.32 of the penal law, promoted the prostitution of
34 such juvenile offender in the second degree as defined by section 230.30
35 of the penal law, or committed a sex offense against such juvenile
36 offender as defined by article one hundred thirty of the penal law prior
37 to or during the commission of such offense; or
38 (ii) the juvenile offender committed such offense as a direct result
39 of being a victim of trafficking as defined by section 135.35, 230.30,
40 230.32, 230.33, 230.34-a, or 230.34 of the penal law.
41 § 5. Section 722.23 of the criminal procedure law is amended by adding
42 a new subdivision 2-a to read as follows:
43 2-a. Following the arraignment of a defendant charged with an offense
44 committed when such defendant was under eighteen years of age:
45 (a) the defendant may request a hearing to determine if, prior to or
46 during the commission of such offense:
47 (i) the individual against whom the defendant committed such offense
48 committed a child sex crime against the defendant; or
49 (ii) the defendant committed such offense as a direct result of being
50 a victim of trafficking as defined by section 135.35, 230.30, 230.32,
51 230.33, 230.34, or 230.34-a of the penal law; and
52 (b) the court shall order removal of the action to the family court
53 pursuant to the provisions of article seven hundred twenty-five of this
54 title, if, after such hearing, it is proven by a preponderance of the
55 evidence that, prior to the commission of such offense by such defend-
56 ant:
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1 (i) the individual against whom the defendant committed such offense
2 trafficked such defendant as defined by section 230.34 or 230.34-a of
3 the penal law, compelled such defendant to engage in prostitution as
4 defined by section 230.33 of the penal law, promoted the prostitution of
5 such defendant in the first degree as defined by section 230.32 of the
6 penal law, promoted the prostitution of such defendant in the second
7 degree as defined by section 230.30 of the penal law, or committed a sex
8 offense against such defendant as defined by article one hundred thirty
9 of the penal law; or
10 (ii) that the defendant committed such offense as a direct result of
11 being a victim of trafficking as defined by section 135.35, 230.30,
12 230.32, 230.33, 230.34, or 230.34-a of the penal law.
13 § 6. The criminal procedure law is amended by adding a new section
14 440.48 to read as follows:
15 § 440.48 Motion for resentence; child sex crime victims.
16 1. (a) Notwithstanding any other provision of law to the contrary, any
17 person who is confined in an institution operated by the department of
18 correction and community supervision and serving a sentence for an
19 offense committed prior to the effective date of this section may submit
20 to the judge or justice who originally sentenced such person for such
21 offense an application to be resentenced to a determinate sentence
22 pursuant to section 60.38 of the penal law if such person is eligible
23 for an alternative sentence as a person convicted as an adult of an
24 offense committed when such person was under twenty years of age pursu-
25 ant to section 60.38 of the penal law; and
26 (i) the individual against whom such person committed such crime traf-
27 ficked such person as defined by section 230.34 or 230.34-a of the penal
28 law, compelled such person to engage in prostitution as defined by
29 section 230.33 of the penal law, promoted the prostitution of such
30 person in the first degree as defined by section 230.32 of the penal
31 law, promoted the prostitution of such person in the second degree as
32 defined by section 230.30 of the penal law, or committed a sex offense
33 against such person as defined by article one hundred thirty of the
34 penal law; or
35 (ii) the defendant committed such offense as a direct result of being
36 a victim of trafficking as defined by section 135.35, 230.30, 230.32,
37 230.33, 230.34, or 230.34-a of the penal law.
38 (b) An application to be resentenced to a determinate sentence submit-
39 ted pursuant to paragraph (a) of this subdivision shall include documen-
40 tation proving that such person is:
41 (i) confined in an institution operated by the department of
42 corrections and community supervision and is serving a sentence for an
43 offense committed prior to the effective date of this section; and
44 (ii) eligible for an alternative sentence as a person convicted as an
45 adult of an offense committed when such person was under eighteen years
46 of age pursuant to section 60.38 of the penal law.
47 (c) If, at the time of such person's request to apply for resentencing
48 pursuant to this section, the judge or justice who originally sentenced
49 such person is a judge or justice of a court of competent jurisdiction,
50 but such court is not the court in which such person was originally
51 sentenced, then the request shall be randomly assigned to another judge
52 or justice of the court in which such person was originally sentenced.
53 If the judge or justice who originally sentenced such person is no long-
54 er a judge or justice of a court of competent jurisdiction, then the
55 request shall be randomly assigned to another judge or justice of the
56 court in which such person was originally sentenced.
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1 (d) If the court finds that such person is eligible to apply for
2 resentencing pursuant to this section, the court shall notify such
3 person that such person may submit an application for resentencing. Upon
4 such notification, the person may request that the court assign an
5 attorney to such person for the preparation of and proceedings on the
6 application for resentencing submitted pursuant to this section. The
7 attorney shall be assigned pursuant to the applicable provisions of
8 section seven hundred twenty-two and article eighteen-A of the county
9 law.
10 (e) If the court finds that such person is not eligible to apply for
11 resentencing pursuant to this section, the court shall notify such
12 person of such ineligibility and dismiss such person's request to apply
13 for resentencing without prejudice.
14 2. (a) Upon receipt of an application for resentencing, the court
15 shall promptly notify the appropriate district attorney and provide such
16 district attorney with a copy of such application.
17 (b) If the judge or justice who receives such person's application for
18 resentencing is not the judge or justice who originally sentenced such
19 person, such application may be referred to the judge or justice who
20 originally sentenced such person; provided, however, that the judge or
21 justice who originally sentenced such person is a judge or justice of a
22 court of competent jurisdiction; and provided, further, that the person
23 applying for resentencing and the district attorney agree that such
24 application should be referred.
25 3. (a) If the court finds that such person has met the requirements of
26 this section, the court shall conduct a hearing to determine whether to
27 approve or deny such person's application for resentencing. At such
28 hearing, the court shall determine any controverted issue of fact rele-
29 vant to the issue of sentencing. Reliable hearsay shall be admissible at
30 such hearings.
31 (b) If the court denies such person's application for resentencing,
32 the court shall notify such person of such denial and shall enter an
33 order to that effect.
34 (c) If the court approves such person's application for resentencing,
35 the court shall notify such person that, unless such person withdraws
36 the application or appeals from such approval, the court shall enter an
37 order vacating the sentence originally imposed and impose the new
38 sentence pursuant to section 60.38 of the penal law. Such approval may
39 be based on the grounds that any order issued by a court pursuant to
40 this subdivision must include written findings of fact and the reasons
41 for such order.
42 4. (a) An appeal may be taken as of right pursuant to this chapter:
43 (i) from an order denying such person's application for resentencing;
44 (ii) from a new sentence imposed pursuant to paragraph (c) of subdivi-
45 sion three of this section on the grounds that the term of the new
46 sentence is harsh or excessive or is unauthorized as a matter of law; or
47 (iii) from an order specifying and informing such person of the term
48 of the determinate sentence the court would impose upon resentencing on
49 the ground that the term of the proposed sentence is harsh or excessive.
50 (b) Upon remand to the sentencing court following such appeal, the
51 person applying for resentencing shall be given an opportunity to with-
52 draw such application before any resentence is imposed. Such person may
53 request that the court assign an attorney to such person for the prepa-
54 ration of and proceedings on any appeals regarding such person's appli-
55 cation for resentencing pursuant to this section. The attorney shall be
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1 assigned pursuant to the applicable provisions of section seven hundred
2 twenty-two and article eighteen-A of the county law.
3 5. In calculating the new term to be served by such person applying
4 for resentencing pursuant to section 60.38 of the penal law, such person
5 shall be credited for any period of incarceration credited toward:
6 (a) the subject conviction; and
7 (b) the sentence originally imposed.
8 § 7. This act shall take effect immediately.
