S03181 Summary:

Amd §440.10, CP L
Provides for confidentiality of records in proceedings to vacate convictions for offenses resulting from sex trafficking, labor trafficking and compelling prostitution.
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S03181 Actions:

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S03181 Committee Votes:

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S03181 Floor Votes:

There are no votes for this bill in this legislative session.
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S03181 Text:

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 4, 2019
        Introduced  by  Sen.  LANZA  -- 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  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. Granting relief under this provision has always been based
    11  on consideration of the circumstances and the interest of justice;  this
    12  legislation reiterates that.
    13    §  2. Paragraph (i) of subdivision 1 of section 440.10 of the criminal
    14  procedure law, as amended by chapter 368 of the laws of 2015, the  open-
    15  ing  paragraph as amended by chapter 189 of the laws of 2018, is amended
    16  to read as follows:
    17    (i) The judgment is a conviction where [the arresting charge was under
    18  section 240.37 (loitering for the purpose of engaging in a  prostitution
    19  offense, provided that the defendant was not alleged to be loitering for
    20  the  purpose of patronizing a person for prostitution or promoting pros-
    21  titution) or 230.00 (prostitution) or 230.03 (prostitution in  a  school
    22  zone)  of  the  penal  law,  and]  the  defendant's participation in the
    23  offense was a result of having been a victim of  sex  trafficking  under
    24  section  230.34  of  the  penal  law,  sex  trafficking of a child under
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 3181                             2
     1  section 230.34-a of the  penal  law,  labor  trafficking  under  section
     2  135.35  of  the  penal  law,  aggravated labor trafficking under section
     3  135.37 of the penal law, compelling prostitution under section 230.33 of
     4  the  penal  law, or trafficking in persons under the Trafficking Victims
     5  Protection Act (United States Code, title 22, chapter 78); provided that
     6    (i) a motion under this paragraph shall be made  with  due  diligence,
     7  after  the  defendant  has  ceased to be a victim of such trafficking or
     8  compelling prostitution crime or has sought services for victims of such
     9  trafficking or compelling  prostitution  crime,  subject  to  reasonable
    10  concerns  for the safety of the defendant, family members of the defend-
    11  ant, or other victims of such  trafficking  or  compelling  prostitution
    12  crime  that  may  be  jeopardized by the bringing of such motion, or for
    13  other reasons consistent with the purpose of this paragraph; [and]
    14    (ii) official documentation of the defendant's status as a  victim  of
    15  trafficking, labor trafficking, aggravated labor trafficking, compelling
    16  prostitution,  or trafficking in persons at the time of the offense from
    17  a federal, state or local government agency shall create  a  presumption
    18  that the defendant's participation in the offense was a result of having
    19  been  a  victim  of sex trafficking, labor trafficking, aggravated labor
    20  trafficking, compelling prostitution  or  trafficking  in  persons,  but
    21  shall not be required for granting a motion under this paragraph;
    22    (iii)  a  motion  under  this  paragraph, and all pertinent papers and
    23  documents, shall be confidential and may not be made  available  to  any
    24  person  or public or private agency except where specifically authorized
    25  by the court; and
    26    (iv) the granting of a motion under this paragraph shall be determined
    27  by the court in consideration of the circumstances and the  interest  of
    28  justice.
    29    §  3.  This  act shall take effect immediately; provided that subpara-
    30  graph (iii) of paragraph (i) of subdivision 1 of section 440.10  of  the
    31  criminal  procedure law, as added by section two of this act, shall take
    32  effect on the sixtieth day after it shall have become a law.
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