Provides for confidentiality of records in proceedings to vacate convictions for offenses resulting from sex trafficking, labor trafficking and compelling prostitution.
STATE OF NEW YORK
________________________________________________________________________
4997
2017-2018 Regular Sessions
IN SENATE
March 3, 2017
___________
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, is amended
15 to read as 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
21 zone) of the penal law, and] the defendant's participation in the
22 offense was a result of having been a victim of sex trafficking under
23 section 230.34 of the penal law, labor trafficking under section 135.35
24 of the penal law, aggravated labor trafficking under section 135.37 of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02696-01-7
S. 4997 2
1 the penal law, compelling prostitution under section 230.33 of the penal
2 law, or trafficking in persons under the Trafficking Victims Protection
3 Act (United States Code, title 22, chapter 78); provided that
4 (i) a motion under this paragraph shall be made with due diligence,
5 after the defendant has ceased to be a victim of such trafficking or
6 compelling prostitution crime or has sought services for victims of such
7 trafficking or compelling prostitution crime, subject to reasonable
8 concerns for the safety of the defendant, family members of the defend-
9 ant, or other victims of such trafficking or compelling prostitution
10 crime that may be jeopardized by the bringing of such motion, or for
11 other reasons consistent with the purpose of this paragraph; [and]
12 (ii) official documentation of the defendant's status as a victim of
13 trafficking, labor trafficking, aggravated labor trafficking, compelling
14 prostitution, or trafficking in persons at the time of the offense from
15 a federal, state or local government agency shall create a presumption
16 that the defendant's participation in the offense was a result of having
17 been a victim of sex trafficking, labor trafficking, aggravated labor
18 trafficking, compelling prostitution or trafficking in persons, but
19 shall not be required for granting a motion under this paragraph;
20 (iii) a motion under this paragraph, and all pertinent papers and
21 documents, shall be confidential and may not be made available to any
22 person or public or private agency except where specifically authorized
23 by the court; and
24 (iv) the granting of a motion under this paragraph shall be determined
25 by the court in consideration of the circumstances and the interest of
26 justice.
27 § 3. This act shall take effect immediately; provided that subpara-
28 graph (iii) of paragraph (i) of subdivision 1 of section 440.10 of the
29 criminal procedure law, as added by section two of this act, shall take
30 effect on the sixtieth day after it shall have become a law.