A01029 Summary:

BILL NOA01029B
 
SAME ASSAME AS S03967-B
 
SPONSORKelles
 
COSPNSRSeawright, Sayegh, Simon, Steck, Paulin, Gallagher, Vanel, Otis, Gonzalez-Rojas, Epstein, Cruz, Glick, Levenberg, Burdick, Shimsky, Lavine, Shrestha, Mamdani, Reyes, Hunter, Bichotte Hermelyn, Forrest, Stern, Dinowitz, Carroll R, Gibbs, Simone, Dais, Cunningham, Walker, Weprin, Anderson, Tapia, Taylor, Meeks, Hevesi, Romero, Bores, Rosenthal, Kassay, Kim, Clark, Mitaynes, Schiavoni, Colton, O'Pharrow, Hooks, Zaccaro, Maher
 
MLTSPNSR
 
Add §230.45, Pen L
 
Provides immunity from prosecution for certain individuals engaged in prostitution who are victims of or witnesses to a crime and who report such crime or assist in the investigation or prosecution.
Go to top    

A01029 Actions:

BILL NOA01029B
 
01/08/2025referred to codes
03/24/2025amend and recommit to codes
03/24/2025print number 1029a
05/06/2025reported
05/08/2025advanced to third reading cal.123
06/04/2025amended on third reading 1029b
06/17/2025substituted by s3967b
 S03967 AMEND=B SEPULVEDA
 01/31/2025REFERRED TO CODES
 03/25/2025AMEND AND RECOMMIT TO CODES
 03/25/2025PRINT NUMBER 3967A
 05/20/20251ST REPORT CAL.1252
 05/21/20252ND REPORT CAL.
 05/22/2025ADVANCED TO THIRD READING
 06/04/2025AMENDED ON THIRD READING 3967B
 06/11/2025PASSED SENATE
 06/11/2025DELIVERED TO ASSEMBLY
 06/11/2025referred to codes
 06/17/2025substituted for a1029b
 06/17/2025ordered to third reading cal.123
 06/17/2025passed assembly
 06/17/2025returned to senate
Go to top

A01029 Committee Votes:

CODES Chair:Dinowitz DATE:05/06/2025AYE/NAY:20/2 Action: Favorable
DinowitzAyeMorinelloAye
CookAyeReillyNay
LavineAyeMikulinAye
WeprinAyeTannousisNay
HevesiAyeAngelinoAye
SeawrightAyeMolitorAye
RosenthalAye
WalkerAye
VanelAye
CruzAye
EpsteinAye
BoresAye
ReyesAye
CunninghamAye
RomeroAye
AlvarezAye

Go to top

A01029 Floor Votes:

There are no votes for this bill in this legislative session.
Go to top

A01029 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1029B
 
SPONSOR: Kelles
  TITLE OF BILL: An act to amend the penal law, in relation to individuals engaged in prostitution who are victims of or witnesses to a crime   PURPOSE OR GENERAL IDEA OF BILL: To encourage sex workers who are crime victims and witnesses to seek help without fear Of being prosecuted for prostitution.   SUMMARY OF PROVISIONS: Section 1 adds a new section 230.45 to the penal law to provide immunity from prosecution under § 230.00 (prostitution)and/or § 230.03 (prostitu- tion in a school zone) to victims of and witnesses to crimes under the following circumstances: (a) reports the crime to a criminal law enforcement agency, (b) seeks or receives health care services as a result of the crime (if medically necessary) or (c) attempts to assist in the investigation or prosecution of the crime. Section 2 establishes the right to a hearing in court where the victim or witness to a crime believes the conditions for immunity have been met and have been erroneously charged under § 230.00 and/or § 230.03. Section 3 is the effective date.   JUSTIFICATION: Sex workers often are victims and witnesses of violent crime and coer- cive exploitation but often don't report crimes due to fear of arrest for prostitution. When criminal abusers are not reported, they continue their violent acts with impunity. The most recent, prescient example is of the Long Island Serial Killer. In 2023, Suffolk County law enforce- ment arrested Rex Heuermann for the murders of three women whose bodies were discovered over a decade prior while there are other unsolved murders that may be associated with this suspect. His victims were known sex workers and he continued patronizing sex workers while law enforce- ment monitored him without obtaining potentially helpful testimony from witnesses or victims. This bill protects a victim or witness to a crime from prosecution for prostitution, prostitution in a school zone, or permitting prostitution (which is what a roommate would be charged with) when they seek help. The concept is similar to the so-called "Good Samaritan" law enacted in 2011 to protect people who seek help for someone suffering an overdose. Similar legislation has already been passed in Alaska, California, Colo- rado, Montana, New Hampshire, Oregon, Utah, and Washington. This legis- lation has also received support from: Alvin Bragg (NYC DA), Decriminal- ize Sex Work, ECLI-VIBES, Girl Vow Inc., We Are Revolutionary, SOAR Institute, Old Pros, Legal Aid Society, and Hudson Catskill Housing Coalition.   PRIOR LEGISLATIVE HISTORY: 2023-24: A7471 - 3rd Reading Calendar 2021-22: A255a (Gottfried) - 3rd Reading Calendar 2019-20: A8869 (Gottfried) - Codes reported to Rules   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: This act shall take effect 60 days after it shall have become a law, and shall apply to any prosecution pending on or after the time it shall take effect.
Go to top

A01029 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1029--B
                                                                Cal. No. 123
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 8, 2025
                                       ___________
 
        Introduced  by M. of A. KELLES, SEAWRIGHT, SAYEGH, SIMON, STECK, PAULIN,
          GALLAGHER, VANEL, OTIS, GONZALEZ-ROJAS, EPSTEIN, CRUZ,  GLICK,  LEVEN-
          BERG,  BURDICK,  SHIMSKY,  LAVINE,  SHRESTHA,  MAMDANI, REYES, HUNTER,
          BICHOTTE HERMELYN,  FORREST,  STERN,  DINOWITZ,   R. CARROLL,   GIBBS,
          SIMONE,  DAIS,  CUNNINGHAM,  WALKER,  WEPRIN, ANDERSON, TAPIA, TAYLOR,
          MEEKS, HEVESI, ROMERO, BORES, ROSENTHAL, KASSAY, KIM, CLARK, MITAYNES,
          SCHIAVONI, COLTON, O'PHARROW, HOOKS -- read once and referred  to  the
          Committee  on  Codes  --  committee  discharged, bill amended, ordered
          reprinted as amended and recommitted to  said  committee  --  reported
          from  committee,  advanced  to  a  third  reading, amended and ordered
          reprinted, retaining its place on the order of third reading
 
        AN ACT to amend the penal law, in relation  to  individuals  engaged  in
          prostitution who are victims of or witnesses to a crime
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The penal law is amended by adding a new section 230.45  to
     2  read as follows:
     3  § 230.45 Limited immunity from prosecution.
     4    1.  This  section applies where a person is the victim of or a witness
     5  to a crime (including an  individual  who  becomes  aware  that  another
     6  person  is  a  victim of a crime), and has engaged or is alleged to have
     7  engaged in an act prohibited under section  230.00  or  230.03  of  this
     8  article  at or in reasonable proximity to the time of the crime or under
     9  circumstances reasonably related to the crime, and, in  good  faith  but
    10  not  prior  to,  during  or subsequent to an arrest or investigation for
    11  such prohibited act, (a) reports the crime to a criminal law enforcement
    12  agency, (b) if  medically  necessary,  seeks  or  receives  health  care
    13  services  as  a  result  of  the crime, or (c) attempts to assist in the
    14  investigation or prosecution of the crime. No such victim or witness  to
    15  the  crime  shall  be charged or prosecuted for an offense under section
    16  230.00 or 230.03 of this article which is alleged to have been committed
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00064-04-5

        A. 1029--B                          2
 
     1  at or in reasonable proximity to the time of the crime or under  circum-
     2  stances reasonably related to the crime for which the person is a victim
     3  or  witness.  As used in this section, "crime" shall include an act that
     4  reasonably  appears to be a crime, regardless of whether it results in a
     5  conviction as a crime.
     6    2. Where a victim or witness to a crime believes that  the  conditions
     7  for  immunity  pursuant to subdivision one of this section have been met
     8  and such victim or witness has been erroneously  charged  under  section
     9  230.00  or  230.03 of this article, such victim or witness may request a
    10  hearing to be conducted no later than fifteen days after the  charge  or
    11  charges  have  been filed to move the court to decide whether conditions
    12  for immunity have been met. At such hearing, the court shall be  permit-
    13  ted  to accept all legally permitted evidence, including legally permis-
    14  sible hearsay, in support of both parties.  If,  after  conducting  such
    15  hearing, and by clear and convincing evidence, the court determines that
    16  the  conditions  for immunity were met, then the charge or charges shall
    17  be dismissed. If, after conducting such hearing,  the  court  determines
    18  that  the  conditions  for immunity were not met, then the charges shall
    19  not be dismissed and immunity shall be denied.
    20    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    21  have  become  a  law,  and  shall apply to any prosecution pending on or
    22  after the time it shall take effect.
Go to top

A01029 LFIN:

 NO LFIN
Go to top

A01029 Chamber Video/Transcript:

5-12-25Video (@ 00:35:03)Transcript pdf Transcript html
6-4-25Video (@ 00:03:12)
6-17-25Video (@ 00:03:41)
Go to top