Senate Bill S4429

Signed By Governor
2009-2010 Legislative Session

Relates to motions to vacate judgment against victims of sex trafficking for certain prostitution offenses

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A7670 - Signed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-S4429 (ACTIVE) - Details

See Assembly Version of this Bill:
A7670
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง440.10, CP L

2009-S4429 (ACTIVE) - Summary

Permits motions to vacate judgment against victims of sex trafficking for certain prostitution offenses.

2009-S4429 (ACTIVE) - Sponsor Memo

2009-S4429 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4429

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 23, 2009
                               ___________

Introduced  by  Sen.  DUANE  -- 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  victims  of
  sex trafficking convicted of prostitution offenses

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (h) of subdivision 1 of  section  440.10  of  the
criminal  procedure  law  is amended and a new paragraph (i) is added to
read as follows:
  (h)  The judgment was obtained in violation of a right of the  defend-
ant under the constitution of this state or of the United States[.]; OR
  (I)  THE JUDGMENT IS A CONVICTION WHERE THE ARRESTING CHARGE WAS UNDER
SECTION 240.37 (LOITERING FOR THE PURPOSE OF ENGAGING IN A  PROSTITUTION
OFFENSE, PROVIDED THAT THE DEFENDANT WAS NOT ALLEGED TO BE LOITERING FOR
THE  PURPOSE  OF  PATRONIZING A PROSTITUTE OR PROMOTING PROSTITUTION) OR
230.00 (PROSTITUTION) OF THE PENAL  LAW,  AND  THE  DEFENDANT'S  PARTIC-
IPATION IN THE OFFENSE WAS A RESULT OF HAVING BEEN A VICTIM OF SEX TRAF-
FICKING  UNDER SECTION 230.34 OF THE PENAL LAW OR TRAFFICKING IN PERSONS
UNDER THE TRAFFICKING VICTIMS PROTECTION ACT (UNITED STATES CODE,  TITLE
22, CHAPTER 78); PROVIDED THAT
  (I)  A  MOTION  UNDER THIS PARAGRAPH SHALL BE MADE WITH DUE DILIGENCE,
AFTER THE DEFENDANT HAS CEASED TO BE A VICTIM OF SUCH TRAFFICKING OR HAS
SOUGHT SERVICES FOR VICTIMS OF SUCH TRAFFICKING, SUBJECT  TO  REASONABLE
CONCERNS  FOR THE SAFETY OF THE DEFENDANT, FAMILY MEMBERS OF THE DEFEND-
ANT, OR OTHER VICTIMS OF SUCH TRAFFICKING THAT MAY BE JEOPARDIZED BY THE
BRINGING OF SUCH MOTION,  OR  FOR  OTHER  REASONS  CONSISTENT  WITH  THE
PURPOSE OF THIS PARAGRAPH; AND
  (II)  OFFICIAL  DOCUMENTATION OF THE DEFENDANT'S STATUS AS A VICTIM OF
SEX TRAFFICKING OR TRAFFICKING IN PERSONS AT THE  TIME  OF  THE  OFFENSE
FROM A FEDERAL, STATE OR LOCAL GOVERNMENT AGENCY SHALL CREATE A PRESUMP-
TION  THAT  THE DEFENDANT'S PARTICIPATION IN THE OFFENSE WAS A RESULT OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08227-02-9
              

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