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S09828 Summary:

BILL NOS09828
 
SAME ASSAME AS A00588
 
SPONSORSALAZAR
 
COSPNSR
 
MLTSPNSR
 
Amd §§160.50 & 170.80, CP L
 
Relates to the former crime of loitering for the purpose of engaging in a prostitution offense; expunges criminal records for persons previously convicted of such crime; directs the chief administrator of the courts to provide information regarding such expungement; adds language to identify that the crime of loitering for the purpose of engaging in a prostitution offense is no longer in law.
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S09828 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9828
 
                    IN SENATE
 
                                      April 7, 2026
                                       ___________
 
        Introduced  by  Sen. SALAZAR -- read twice and ordered printed, and when
          printed to be committed 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:
 
     1    Section 1. Section 160.50 of the criminal procedure law is amended  by
     2  adding a new subdivision 6 to read as follows:
     3    6.  (a) A conviction for an offense described in former section 240.37
     4  of the penal law as such section was in effect on  February  first,  two
     5  thousand  twenty-one  shall,  on  and  after  the effective date of this
     6  subdivision, in accordance with the provisions  of  this  paragraph,  be
     7  vacated and dismissed, and all records of such conviction or convictions
     8  and  related  to  such  conviction  or convictions shall be expunged, as
     9  described in subdivision forty-five of section 1.20 of this chapter, and
    10  the matter shall be considered terminated in favor of  the  accused  and
    11  deemed  a nullity, having been rendered by this paragraph legally inval-
    12  id. All such records for an offense described in  this  paragraph  where
    13  the  conviction was entered on or before the effective date of the chap-
    14  ter of the laws of two thousand twenty-five that added this  subdivision
    15  shall  be  expunged  promptly  and, in any event, no later than one year
    16  after such effective date.
    17    (b) Commencing upon the effective date of this subdivision:
    18    (i) the chief administrator of the courts shall  promptly  notify  the
    19  commissioner  of the division of criminal justice services and the heads
    20  of all appropriate police departments, district attorney's  offices  and
    21  other law enforcement agencies of all convictions that have been vacated
    22  and dismissed pursuant to paragraph (a) of this subdivision and that all
    23  records  related  to  such  convictions shall be expunged and the matter
    24  shall be considered terminated in favor of  the  accused  and  deemed  a
    25  nullity,  having been rendered legally  invalid. Upon receipt of notifi-
    26  cation of such vacatur, dismissal and expungement, all  records relating
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02100-01-5

        S. 9828                             2

     1  to such conviction or convictions, or the criminal action or proceeding,
     2  as the case may be, shall be marked as expunged by  conspicuously  indi-
     3  cating on the face of the record and on each page or at the beginning of
     4  the  digitized file of the record that the record has been designated as
     5  expunged. Upon the written request of the individual whose case has been
     6  expunged or their designated agent, such  records  shall  be  destroyed.
     7  Such  records  and  papers  shall  not  be made available to any person,
     8  except the individual whose case has  been  expunged  or  such  person's
     9  designated agent; and
    10    (ii)  where  automatic  vacatur, dismissal, and expungement, including
    11  record destruction if requested, is required by this subdivision but any
    12  record of the court system in this state has not  yet  been  updated  to
    13  reflect same:
    14    (A)  notwithstanding  any other provision of law except as provided in
    15  paragraph (d) of subdivision one of this section and  paragraph  (e)  of
    16  subdivision  four of section eight hundred thirty-seven of the executive
    17  law:
    18    (1) when the division of criminal justice services conducts  a  search
    19  of  its criminal history records, maintained pursuant to subdivision six
    20  of section eight hundred thirty-seven of the executive law, and  returns
    21  a  report  thereon,  all  references  to  a  conviction  for  an offense
    22  described in paragraph (k) of subdivision three of this section shall be
    23  excluded from such report; and
    24    (2) the chief administrator of the courts shall develop and promulgate
    25  rules as may be necessary to ensure that no written or electronic report
    26  of a criminal history record search conducted by  the  office  of  court
    27  administration  contains  information  relating  to  a conviction for an
    28  offense described in paragraph (k) of subdivision three of this section;
    29  and
    30    (B) where court records relevant to such matter cannot be  located  or
    31  have  been  destroyed, and a person or the person's attorney presents to
    32  an appropriate court employee a fingerprint record of the New York state
    33  division of criminal justice services, or a copy of a court  disposition
    34  record  or  other relevant court record, which indicates that a criminal
    35  action or proceeding against such person was terminated by conviction of
    36  an offense described in paragraph  (k)  of  subdivision  three  of  this
    37  section,  then  promptly, and in any event within thirty days after such
    38  notice to such court employee, the chief administrator of the courts  or
    39  such  chief  administrator's  designee  shall  assure that such vacatur,
    40  dismissal, and expungement, including record destruction  if  requested,
    41  have  been  completed  in accordance with subparagraph (i) of this para-
    42  graph.
    43    (c) Vacatur, dismissal and expungement as set forth in  this  subdivi-
    44  sion  shall be without prejudice to any person or such person's attorney
    45  seeking further relief pursuant to article four hundred  forty  of  this
    46  chapter  or  any other law. Nothing in this section is intended or shall
    47  be interpreted to diminish or abrogate any  right  or  remedy  otherwise
    48  available to any person.
    49    (d)  The office of court administration, in conjunction with the divi-
    50  sion of criminal justice services, shall develop an affirmative informa-
    51  tion campaign and widely disseminate to the public, through its website,
    52  public service announcements and other means, in multiple languages  and
    53  through  multiple  outlets,  information  concerning the expungement and
    54  vacatur of loitering for the purposes of prostitution convictions estab-
    55  lished by the chapter of the laws of two thousand twenty-five that added
    56  this subdivision, including, but  not limited to, the automatic expunge-

        S. 9828                             3
 
     1  ment of certain past convictions, the means by which  an individual  may
     2  file  a  motion  for  vacatur, dismissal and expungement of certain past
     3  convictions, and the impact of such changes on  such  person's  criminal
     4  history records.
     5    §  2.  The opening paragraph of subdivision 1, subdivision 2 and para-
     6  graph (a) of subdivision 3 of section 170.80 of the  criminal  procedure
     7  law,  the opening paragraph of subdivision 1 as amended by chapter 23 of
     8  the laws of 2021, and subdivision 2 as  amended  and  paragraph  (a)  of
     9  subdivision  3  as added by chapter 402 of the laws of 2014, are amended
    10  to read as follows:
    11    Notwithstanding any other provision of law, at any time  at  or  after
    12  arraignment  on  a  charge of prostitution pursuant to section 230.00 of
    13  the penal law, except where, after consultation with counsel, a  knowing
    14  and  voluntary plea of guilty has been entered to such charge, any judge
    15  or justice hearing any stage of such  case  may,  upon  consent  of  the
    16  defendant after consultation with counsel:
    17    2.  In  the event of a conviction by plea or verdict to such charge or
    18  charges of prostitution [or loitering for the purposes of  prostitution]
    19  as  described  in  subdivision  one of this section, the court must find
    20  that the person is a youthful offender for the purpose  of  such  charge
    21  and  proceed  in  accordance  with  article seven hundred twenty of this
    22  chapter, provided, however, that the available  sentence  shall  be  the
    23  sentence  that  may be imposed for a violation as defined in subdivision
    24  three of section 10.00 of the penal law. In such case,  the  records  of
    25  the  investigation  and  proceedings  relating  to  such charge shall be
    26  sealed in accordance with section 720.35 of this chapter.
    27    (a) When a charge of prostitution [or loitering for  the  purposes  of
    28  prostitution]  has  been  conditionally converted to a person in need of
    29  supervision proceeding pursuant to subdivision one of this section,  the
    30  defendant  shall  be  deemed  a "sexually exploited child" as defined in
    31  subdivision one of section four  hundred  forty-seven-a  of  the  social
    32  services law and therefore shall not be considered an adult for purposes
    33  related  to the charges in the person in need of supervision proceeding.
    34  Sections seven  hundred  eighty-one,  seven  hundred  eighty-two,  seven
    35  hundred  eighty-two-a,  seven  hundred  eighty-three  and  seven hundred
    36  eighty-four of the family court act shall apply to any proceeding condi-
    37  tionally converted under this section.
    38    § 3. Subparagraph (iv) of paragraph (k) of subdivision  3  of  section
    39  160.50  of  the  criminal procedure law, as amended by chapter 92 of the
    40  laws of 2021, is amended to read as follows:
    41    (iv) the conviction was for  an  offense  defined  in  former  section
    42  240.37 of the penal law; or
    43    § 4. This act shall take effect immediately.
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