-  This bill is not active in this session.
 

AB459 Summary:

BILL NOA00459
 
SAME ASSAME AS S00674
 
SPONSORGottfried
 
COSPNSRPaulin, Niou, Fahy, Hevesi, Sayegh, Rosenthal L, Kim, Quart, Epstein, Aubry, Walker, Cruz, Steck, Perry, Dickens, Hunter, Reyes, Cook, Simon, Darling, Walczyk, Rivera J, Seawright, Fernandez, Glick, O'Donnell, Carroll, Taylor, Bronson, Otis, Gallagher, Weprin, Vanel, Forrest, Jackson, Galef, Meeks, Rajkumar, Anderson, Lunsford, Clark, Gonzalez-Rojas, Burdick, Barron, Burgos, Dinowitz, Zinerman, Mamdani, Lupardo
 
MLTSPNSR
 
Amd 440.10, CP L
 
Relates to proceedings to vacate convictions for offenses resulting from sex trafficking, labor trafficking and compelling prostitution and provides for confidentiality of records of such proceedings.
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AB459 Actions:

BILL NOA00459
 
01/06/2021referred to codes
01/20/2021reported
01/21/2021advanced to third reading cal.35
05/05/2021passed assembly
05/05/2021delivered to senate
05/05/2021REFERRED TO CODES
05/25/2021SUBSTITUTED FOR S674
05/25/20213RD READING CAL.385
05/25/2021PASSED SENATE
05/25/2021RETURNED TO ASSEMBLY
11/16/2021delivered to governor
11/16/2021signed chap.629
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AB459 Committee Votes:

CODES Chair:Dinowitz DATE:01/20/2021AYE/NAY:16/6 Action: Favorable
DinowitzAyeMorinelloNay
PretlowAyeGiglioNay
CookAyeMontesanoNay
CymbrowitzAyeReillyNay
O'DonnellAyeMikulinNay
LavineAyeTannousisNay
PerryAye
AbinantiAye
WeprinAye
HevesiAye
FahyAye
SeawrightAye
RosenthalAye
WalkerAye
VanelAye
CruzAye

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AB459 Floor Votes:

DATE:05/05/2021Assembly Vote  YEA/NAY: 111/36
AbbateYClarkYFrontusYLalorNOPaulinYSillittiY
AbinantiYColtonNOGalefYLavineYPeoples-StokesYSimonY
AndersonYConradYGallagherYLawlerYPerryYSimpsonNO
AngelinoNOCookYGallahanNOLemondesNOPheffer AmatoYSmithY
AshbyNOCruzYGandolfoYLunsfordYPichardoYSmullenNO
AubryYCusickYGiglio JAYLupardoYPretlowYSolagesY
BarclayNOCymbrowitzYGiglio JMNOMagnarelliYQuartYSteckY
BarnwellYDarlingYGlickYMamdaniYRaNOSternY
BarrettYDavilaYGonzalez-RojasYManktelowNORajkumarYStirpeY
BarronYDe La RosaYGoodellNOMcDonaldYRamosYTagueNO
BenedettoYDeStefanoNOGottfriedYMcDonoughNOReillyNOTannousisNO
BichotteYDickensERGriffinYMcMahonYReyesYTaylorER
BlankenbushNODilanYGuntherYMeeksYRichardsonYThieleY
BrabenecNODinowitzYHawleyNOMikulinNORivera J YVanelY
BraunsteinYDiPietroNOHevesiYMiller B NORivera JDYWalczykY
BronsonYDursoYHunterYMiller MLNORodriguezYWalkerY
BrownYEichensteinNOHyndmanYMitaynesYRosenthal D YWallaceY
BurdickYEnglebrightYJacksonYMontesanoNORosenthal L YWalshNO
BurgosYEpsteinYJacobsonYMorinelloYRozicYWeinsteinY
BurkeYFahyYJean-PierreYNiouYSalkaNOWeprinY
ButtenschonYFallYJensenNONolanERSantabarbaraNOWilliamsY
ByrneYFernandezYJonesYNorrisNOSayeghYWoernerY
ByrnesNOFitzpatrickNOJoynerYO'DonnellYSchmittYZebrowskiY
CahillYForrestYKellesYOtisYSeawrightYZinermanY
CarrollYFriendNOKimYPalmesanoNOSeptimoYMr. SpeakerY

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AB459 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A459
 
SPONSOR: Gottfried
  TITLE OF BILL: An act to amend the criminal procedure law, in relation to vacating convictions for offenses resulting from sex trafficking, labor traffick- ing and compelling prostitution   PURPOSE OR GENERAL IDEA OF BILL: To strengthen protections for victims of sex trafficking, labor traf- ficking, compelling prostitution, and trafficking in persons, who are convicted of a range of offenses as a result of that trafficking or compelling.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 sets forth legislative intent to expand to other offenses New York's existing law that offers vacatur of convictions for prostitu- tion-related offenses that were a result of being a victim of traffick- ing. Section 2 amends CPL § 440.10(1)(i) to allow vacating of a conviction where the offense was a result of sex trafficking, labor trafficking, compelling prostitution and trafficking in persons. It amends CPL § 440.10(1)(i)(i) to remove language that limits such a motion to defend- ants who are no longer victims of trafficking or have already sought victim services. CPL § 440.10 (1)(i)(ii) is renumbered as CPL § 440.10 (1)(i) (i) and amended to include documentation with regard to sex traf- ficking, labor trafficking and aggravated labor trafficking as addi- tional grounds for a presumption that a victim was a victim of traffick- ing. It amends CPL § 440.10(1)(0(ii) to provide confidentiality for motions to vacate a judgement, and adds a new CPL § 440.10(1) (iii) to allow consolidation of proceedings in multiple courts. Section 3 amends CPL § 440.10 (6) to require that judgments be vacated on the merits because the defendant's participation in the offense was a result of having been a victim of trafficking. Section 4 provides an immediate effective date, except that new subpara- graph (ii) takes effect 60 days after enactment into law.   JUSTIFICATION: In 2010, New York State passed an historic law allowing victims of human trafficking to vacate prostitution-related criminal convictions that were directly tied to their victimization. The law recognized that these convictions should be vacated because the conviction itself was unjust. Victims of human trafficking were allowed a second chance at life, free from the criminal records forced upon them by their traffickers. Twenty seven states have since followed New York's example with similar laws. Several states have now gone beyond New York's law, to make this relief available not just for prostitution-related offenses but for all offenses related to the trafficking. This bill follows that example. Trafficking victims may be arrested and prosecuted for a variety of offenses resulting from trafficking. A common example is possessing false documents, usually at the direction of their trafficker, who has confiscated their true documents as part of the exerted coercion. The CPL is further amended to protect the confidentiality of information contained in motions brought under the statute. This explicit and manda- tory protection is necessary to meet the legislation's goals of severing victims of human trafficking from their traumatic past, and to ensure that victims of human trafficking will not be endangered by the process of vacating their convictions. Courts may also take other action, such as offering a closed courtroom for court appearances. The bill emphasizes that these convictions should be vacated because of the circumstances of the offenses and convictions, not because of a victim's post-conviction circumstances.   PRIOR LEGISLATIVE HISTORY: 2016: A.10353 Referred to Codes 2017-2018: A4540 Passed Assembly / Senate Rules 2019-2020: A6983B Passed Assembly / Senate Rules   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: Immediate, except that new CPLR§ 440.10(1)(iii) takes effect 60 days after enactment into law.
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AB459 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           459
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 6, 2021
                                       ___________
 
        Introduced  by  M.  of A. GOTTFRIED, PAULIN, NIOU, FAHY, HEVESI, SAYEGH,
          L. ROSENTHAL, KIM, QUART, EPSTEIN, AUBRY, WALKER, CRUZ, STECK,  PERRY,
          DICKENS,  HUNTER,  REYES,  COOK,  SIMON,  DARLING, WALCZYK, J. RIVERA,
          SEAWRIGHT, FERNANDEZ, GLICK, O'DONNELL, CARROLL, TAYLOR, BRONSON, OTIS
          -- read once and referred to the Committee on Codes
 
        AN ACT to amend the criminal procedure  law,  in  relation  to  vacating
          convictions  for  offenses resulting from sex trafficking, labor traf-
          ficking and compelling prostitution
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Legislative intent. The purpose of this legislation is to
     2  strengthen protection for the victims of sex  trafficking,  labor  traf-
     3  ficking,  compelling  prostitution  and  trafficking in persons, who are
     4  convicted of a range of offenses as a  result  of  that  trafficking  or
     5  compelling. New York's landmark law offering the vacating of convictions
     6  for prostitution-related offenses that were a result of this trafficking
     7  has  been  the  model for laws in more than half of the states. However,
     8  several states wisely offer this relief to victims who may be  compelled
     9  to  participate in other offenses as well. This legislation would follow
    10  that example.
    11    § 2. Paragraph (i) of subdivision 1 of section 440.10 of the  criminal
    12  procedure  law,  as amended by section 3 of part OO of chapter 55 of the
    13  laws of 2019 and subparagraph (ii) of paragraph (i) of subdivision 1  as
    14  amended  by  chapter  131  of  the  laws  of 2019, is amended to read as
    15  follows:
    16    (i) The judgment is a conviction where [the arresting charge was under
    17  section 240.37 (loitering for the purpose of engaging in a  prostitution
    18  offense, provided that the defendant was not alleged to be loitering for
    19  the  purpose of patronizing a person for prostitution or promoting pros-
    20  titution) or 230.00 (prostitution) or 230.03 (prostitution in  a  school

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00354-01-1

        A. 459                              2

     1  zone)  of  the  penal  law,  and]  the  defendant's participation in the
     2  offense was a result of having been a victim of  sex  trafficking  under
     3  section  230.34  of  the  penal  law,  sex  trafficking of a child under
     4  section  230.34-a  of  the  penal  law,  labor trafficking under section
     5  135.35 of the penal law,  aggravated  labor  trafficking  under  section
     6  135.37 of the penal law, compelling prostitution under section 230.33 of
     7  the  penal  law, or trafficking in persons under the Trafficking Victims
     8  Protection Act (United States Code, title 22, chapter 78); provided that
     9    (i) [a motion under this paragraph shall be made with  due  diligence,
    10  after  the  defendant  has  ceased to be a victim of such trafficking or
    11  compelling prostitution crime or has sought services for victims of such
    12  trafficking or compelling  prostitution  crime,  subject  to  reasonable
    13  concerns  for the safety of the defendant, family members of the defend-
    14  ant, or other victims of such  trafficking  or  compelling  prostitution
    15  crime  that  may  be  jeopardized by the bringing of such motion, or for
    16  other reasons consistent with the purpose of this paragraph; and
    17    (ii)] official documentation of the defendant's status as a victim  of
    18  sex   trafficking,  labor  trafficking,  aggravated  labor  trafficking,
    19  compelling prostitution, or trafficking in persons at the  time  of  the
    20  offense  from a federal, state or local government agency shall create a
    21  presumption that the defendant's participation  in  the  offense  was  a
    22  result  of  having  been a victim of sex trafficking, labor trafficking,
    23  aggravated labor trafficking, compelling prostitution or trafficking  in
    24  persons,  but  shall  not  be  required for granting a motion under this
    25  paragraph;
    26    (ii) a motion under this paragraph, and all pertinent papers and docu-
    27  ments, shall be confidential and may not be made available to any person
    28  or public or private entity except where specifically authorized by  the
    29  court; and
    30    (iii) when a motion is filed under this paragraph, the court may, upon
    31  the  consent of the petitioner and all of the state and local prosecuto-
    32  rial agencies that prosecuted each matter, consolidate into one proceed-
    33  ing a motion to vacate judgments imposed by distinct or multiple  crimi-
    34  nal courts; or
    35    § 3. Subdivision 6 of section 440.10 of the criminal procedure law, as
    36  amended  by  chapter  131  of  the  laws  of 2019, is amended to read as
    37  follows:
    38    6. If the court grants a motion under paragraph (i) or  paragraph  (k)
    39  of  subdivision  one  of  this  section, it must vacate the judgment and
    40  dismiss the accusatory instrument, and may take such  additional  action
    41  as  is appropriate in the circumstances. In the case of a motion granted
    42  under paragraph (i) of subdivision one of this section, the  court  must
    43  vacate  the judgment on the merits because the defendant's participation
    44  in the offense was a result of having been a victim of trafficking.
    45    § 4. This act shall take effect immediately;  provided  that  subpara-
    46  graph  (ii)  of  paragraph (i) of subdivision 1 of section 440.10 of the
    47  criminal procedure law, as added by section two of this act, shall  take
    48  effect on the sixtieth day after it shall have become a law.
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