A08749 Summary:
BILL NO | A08749A |
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SAME AS | SAME AS S06804 |
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SPONSOR | Paulin |
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COSPNSR | |
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MLTSPNSR | |
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Amd SS170.30, 170.80, 720.15 & 720.35, add S720.25, CP L; amd S60.02, Pen L | |
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Relates to the treatment of certain persons aged sixteen or seventeen for certain prostitution offenses. |
A08749 Actions:
BILL NO | A08749A | |||||||||||||||||||||||||||||||||||||||||||||||||
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02/12/2014 | referred to codes | |||||||||||||||||||||||||||||||||||||||||||||||||
03/07/2014 | amend (t) and recommit to codes | |||||||||||||||||||||||||||||||||||||||||||||||||
03/07/2014 | print number 8749a | |||||||||||||||||||||||||||||||||||||||||||||||||
06/03/2014 | reported referred to rules | |||||||||||||||||||||||||||||||||||||||||||||||||
06/09/2014 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
06/09/2014 | rules report cal.77 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/09/2014 | ordered to third reading rules cal.77 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/09/2014 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
06/09/2014 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
06/09/2014 | REFERRED TO CODES | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2014 | SUBSTITUTED FOR S6804 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2014 | 3RD READING CAL.1670 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2014 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2014 | RETURNED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
10/09/2014 | delivered to governor | |||||||||||||||||||||||||||||||||||||||||||||||||
10/16/2014 | signed chap.402 |
A08749 Floor Votes:
Yes
Abbate
Yes
Curran
Yes
Hawley
Yes
Markey
Yes
Quart
Yes
Steck
Yes
Abinanti
Yes
Cusick
Yes
Heastie
Yes
Mayer
Yes
Ra
Yes
Stirpe
Yes
Arroyo
Yes
Cymbrowitz
Yes
Hennessey
Yes
McDonald
Yes
Raia
Yes
Sweeney
Yes
Aubry
Yes
Davila
Yes
Hevesi
Yes
McDonough
Yes
Ramos
Yes
Tedisco
Yes
Barclay
Yes
DenDekker
Yes
Hikind
Yes
McKevitt
ER
Rivera
Yes
Tenney
Yes
Barrett
Yes
Dinowitz
Yes
Hooper
Yes
McLaughlin
Yes
Roberts
Yes
Thiele
Yes
Benedetto
Yes
DiPietro
Yes
Jacobs
Yes
Miller
Yes
Robinson
Yes
Titone
Yes
Blankenbush
Yes
Duprey
Yes
Jaffee
Yes
Millman
Yes
Rodriguez
ER
Titus
Yes
Borelli
Yes
Englebright
Yes
Johns
Yes
Montesano
Yes
Rosa
Yes
Walter
Yes
Braunstein
Yes
Fahy
Yes
Katz
Yes
Morelle
Yes
Rosenthal
Yes
Weinstein
Yes
Brennan
Yes
Farrell
Yes
Kavanagh
Yes
Mosley
Yes
Rozic
ER
Weisenberg
Yes
Brindisi
Yes
Finch
Yes
Kearns
Yes
Moya
Yes
Russell
Yes
Weprin
Yes
Bronson
Yes
Fitzpatrick
AB
Kellner
ER
Nojay
ER
Ryan
Yes
Wright
Yes
Brook-Krasny
Yes
Friend
Yes
Kim
Yes
Nolan
Yes
Saladino
Yes
Zebrowski
Yes
Buchwald
Yes
Galef
Yes
Kolb
Yes
Oaks
Yes
Santabarbara
Yes
Mr. Speaker
Yes
Butler
Yes
Gantt
Yes
Lalor
Yes
O'Donnell
Yes
Scarborough
Yes
Cahill
Yes
Garbarino
Yes
Lavine
Yes
Ortiz
Yes
Schimel
Yes
Camara
Yes
Giglio
Yes
Lentol
Yes
Otis
Yes
Schimminger
Yes
Ceretto
Yes
Gjonaj
Yes
Lifton
Yes
Palmesano
Yes
Sepulveda
Yes
Clark
Yes
Glick
Yes
Lopez
Yes
Palumbo
Yes
Simanowitz
Yes
Colton
Yes
Goldfeder
Yes
Lupardo
ER
Paulin
Yes
Simotas
Yes
Cook
Yes
Goodell
Yes
Lupinacci
Yes
Peoples-Stokes
Yes
Skartados
Yes
Corwin
Yes
Gottfried
Yes
Magee
Yes
Perry
Yes
Skoufis
Yes
Crespo
Yes
Graf
ER
Magnarelli
Yes
Pichardo
Yes
Solages
Yes
Crouch
Yes
Gunther
Yes
Malliotakis
Yes
Pretlow
Yes
Stec
‡ Indicates voting via videoconference
A08749 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 8749--A IN ASSEMBLY February 12, 2014 ___________ 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 and the penal law, in relation to the treatment of certain persons aged sixteen or seventeen 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. Section 170.30 of the criminal procedure law is amended by 2 adding a new subdivision 4 to read as follows: 3 4. After arraignment upon an information, a simplified information, a 4 prosecutor's information or misdemeanor complaint on a charge of prosti- 5 tution pursuant to section 230.00 of the penal law or loitering for the 6 purposes of prostitution pursuant to subdivision two of section 240.37 7 of the penal law, provided that the person does not stand charged with 8 loitering for the purpose of patronizing a prostitute, where such 9 offense allegedly occurred when the person was sixteen or seventeen 10 years of age, the local criminal court may dismiss such charge in its 11 discretion in the interest of justice on the ground that a defendant 12 participated in services provided to him or her. 13 § 2. Section 170.80 of the criminal procedure law, as added by chapter 14 555 of the laws of 2013, is amended to read as follows: 15 § 170.80 Proceedings regarding certain prostitution charges; certain 16 [teenagers] persons aged sixteen or seventeen. 17 1. Notwithstanding any other provision of law, [when a person is18arrested for prostitution] at any time at or after arraignment on a 19 charge of prostitution pursuant to section 230.00 of the penal law or 20 loitering for the purposes of prostitution [and] pursuant to subdivision 21 two of section 240.37 of the penal law, provided that the person does 22 not stand charged with loitering for the purpose of patronizing a pros- 23 titute, where such offense allegedly occurred when the person was 24 sixteen or seventeen years of age[:251. unless] except where, after consultation with counsel, a knowing 26 and voluntary plea of guilty has been entered to such charge, any judge EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13575-04-4A. 8749--A 2 1 or justice hearing any stage of such case may, upon consent of the 2 defendant after consultation with counsel[,]: 3 (a) conditionally convert such charge in accordance with subdivision 4 three of this section and retain it as a person in need of supervision 5 proceeding for all purposes, and shall [have the authority to] make such 6 proceeding fully subject to the provisions and grant any relief avail- 7 able under article seven of the family court act[.]; and/or 8 (b) order the provision of any of the specialized services enumerated 9 in title eight-A of article six of the social services law, as may be 10 reasonably available. 11 2. [Any adverse finding and all records of the investigation and12proceedings relating to such charge shall be promptly expunged upon the13person's eighteenth birthday or the conclusion of the proceedings on the14charge before the court, whichever occurs later.] In the event of a 15 conviction [or] by plea [of guilty] or verdict to such charge or charges 16 of prostitution or loitering for the purposes of prostitution as 17 described in [the opening paragraph and] subdivision one of this 18 section, the court must find that the person is a youthful offender for 19 the purpose of such charge and proceed in accordance with article seven 20 hundred twenty of this chapter, provided, however, that [where the21conviction for which the youthful offender finding is substituted is22loitering for the purposes of prostitution as defined in section 240.3723of the penal law,] the available sentence shall be the sentence that may 24 be imposed for a violation as defined in subdivision three of section 25 10.00 of the penal law. In such case, the records of the investigation 26 and proceedings relating to such charge shall be sealed in accordance 27 with section 720.35 of this chapter. 28 3. (a) When a charge of prostitution or loitering for the purposes of 29 prostitution has been conditionally converted to a person in need of 30 supervision proceeding pursuant to subdivision one of this section, the 31 defendant shall be deemed a "sexually exploited child" as defined in 32 subdivision one of section four hundred forty-seven-a of the social 33 services law and therefore shall not be considered an adult for purposes 34 related to the charges in the person in need of supervision proceeding. 35 Sections seven hundred eighty-one, seven hundred eighty-two, seven 36 hundred eighty-two-a, seven hundred eighty-three and seven hundred 37 eighty-four of the family court act shall apply to any proceeding condi- 38 tionally converted under this section. 39 (b) The court after hearing from the parties shall state the condition 40 or conditions of such conversion, which may include the individual's 41 participation in specialized services provided pursuant to title eight-A 42 of article six of the social services law and other appropriate services 43 available to persons in need of supervision in accordance with article 44 seven of the family court act. 45 (c)(i) The court may, upon written application by the people at any 46 time during the pendency of the person in need of supervision proceeding 47 or during any disposition thereof, but in no event later than the indi- 48 vidual's eighteenth birthday, restore the accusatory instrument if the 49 court is satisfied by competent proof that the individual, without just 50 cause, is not in substantial compliance with the condition or conditions 51 of the conversion. 52 (ii) Notice of such an application to restore an accusatory instrument 53 shall be served on the person and his or her counsel by the court. The 54 notice shall include a statement setting forth a reasonable description 55 of why the person is not in substantial compliance with the condition or 56 conditions of the conversion and a date upon which such person shallA. 8749--A 3 1 appear before the court. The court shall afford the person the right to 2 counsel and the right to be heard. Upon such appearance, the court must 3 advise the person of the contents of the notice and the consequences of 4 a finding of failure to substantially comply with the conditions of 5 conversion. At the time of such appearance the court must ask the person 6 whether he or she wishes to make any statement with respect to such 7 alleged failure to substantially comply. In determining whether such 8 person has failed to substantially comply with the terms of the conver- 9 sion, the court shall conduct a hearing at which time such person may 10 cross-examine witnesses and present evidence on his or her own behalf. 11 Any findings the court shall make, shall be made on the court record. If 12 the court finds that such person did not substantially comply, it may 13 restore the accusatory instrument pursuant to subparagraph (i) of this 14 paragraph, modify the terms of conversion in accordance with this 15 section or otherwise continue such terms as in its discretion it deems 16 just and proper. 17 (iii) If such accusatory instrument is restored pursuant to subpara- 18 graph (i) of this paragraph, the proceeding shall continue in accordance 19 with subdivision two of this section. If the individual does not comply 20 with services or does not return to court, the individual shall be 21 returned in accordance with the provisions of article seven of the fami- 22 ly court act. 23 4. At the conclusion of a person in need of supervision proceeding 24 pursuant to this section, all records of the investigation and 25 proceedings relating to such proceedings, including records created 26 before the charge was conditionally converted, shall be sealed in 27 accordance with section 720.35 of this chapter. 28 § 3. Section 720.15 of the criminal procedure law is amended by adding 29 a new subdivision 4 to read as follows: 30 4. Notwithstanding any provision in this article, a person charged 31 with prostitution as defined in section 230.00 of the penal law or 32 loitering for the purposes of prostitution as defined in subdivision two 33 of section 240.37 of the penal law, provided that the person does not 34 stand charged with loitering for the purpose of patronizing a prosti- 35 tute, and such person is aged sixteen or seventeen when such offense 36 occurred, regardless of whether such person (i) had prior to commence- 37 ment of trial or entry of a plea of guilty been convicted of a crime or 38 found a youthful offender, or (ii) subsequent to such conviction for 39 prostitution or loitering for prostitution is convicted of a crime or 40 found a youthful offender, the provisions of subdivisions one and two of 41 this section requiring or authorizing the accusatory instrument filed 42 against a youth to be sealed, and the arraignment and all proceedings in 43 the action to be conducted in private shall apply. 44 § 4. The criminal procedure law is amended by adding a new section 45 720.25 to read as follows: 46 § 720.25 Youthful offender adjudication; certain exemptions. 47 Notwithstanding any inconsistent provisions of law: 48 1. where the court is required to find that a person is a youthful 49 offender pursuant to section 170.80 of this chapter, the fact that such 50 person has previously been convicted of a crime or adjudicated a youth- 51 ful offender shall not prevent such person from being adjudicated a 52 youthful offender as required by such section; and 53 2. a youthful offender adjudication pursuant to section 170.80 of this 54 chapter shall not be considered in determining whether a person is an 55 eligible youth, or in determining whether to find a person a youthful 56 offender, in any subsequent youthful offender adjudication.A. 8749--A 4 1 § 5. Subdivision 1 of section 720.35 of the criminal procedure law, as 2 amended by section 87 of subpart B of part C of chapter 62 of the laws 3 of 2011, is amended to read as follows: 4 1. A youthful offender adjudication is not a judgment of conviction 5 for a crime or any other offense, and does not operate as a disquali- 6 fication of any person so adjudged to hold public office or public 7 employment or to receive any license granted by public authority but 8 shall be deemed a conviction only for the purposes of transfer of super- 9 vision and custody pursuant to section two hundred fifty-nine-m of the 10 executive law. A defendant for whom a youthful offender adjudication 11 was substituted, who was originally charged with prostitution as defined 12 in section 230.00 of the penal law or loitering for the purposes of 13 prostitution as defined in subdivision two of section 240.37 of the 14 penal law provided that the person does not stand charged with loitering 15 for the purpose of patronizing a prostitute, for an offense allegedly 16 committed when he or she was sixteen or seventeen years of age, shall be 17 deemed a "sexually exploited child" as defined in subdivision one of 18 section four hundred forty-seven-a of the social services law and there- 19 fore shall not be considered an adult for purposes related to the charg- 20 es in the youthful offender proceeding or a proceeding under section 21 170.80 of this chapter. 22 § 6. Section 60.02 of the penal law is amended by adding a new subdi- 23 vision 4 to read as follows: 24 (4) Notwithstanding any other provision of law in this section, if the 25 sentence is to be imposed upon a youthful offender finding which has 26 been substituted for a conviction of prostitution or loitering for the 27 purposes of prostitution provided that the person does not stand charged 28 with loitering for the purpose of patronizing a prostitute, and such 29 offense occurred when the person was sixteen or seventeen years of age, 30 the court must impose a sentence authorized to be imposed upon a person 31 convicted of a violation as defined in subdivision three of section 32 10.00 of the penal law and where the court imposes a revocable sentence 33 authorized for a violation may order any of the specialized services 34 enumerated in title eight-A of article six of the social services law or 35 other appropriate services made available to persons in need of super- 36 vision in accordance with article seven of the family court act. 37 § 7. This act shall take effect immediately.