S T A T E   O F   N E W   Y O R K
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                                 8071--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 17, 2013
                               ___________

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, in relation to the treatment
  of certain juveniles for certain prostitution offenses

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

  Section  1.  The  criminal  procedure  law  is amended by adding a new
section 170.80 to read as follows:
S 170.80 PROCEEDINGS REGARDING  CERTAIN  PROSTITUTION  CHARGES;  CERTAIN
             TEENAGERS.
  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, WHEN A PERSON IS ARRESTED
FOR PROSTITUTION OR LOITERING FOR THE PURPOSES OF PROSTITUTION AND  SUCH
OFFENSE  ALLEGEDLY  OCCURRED  WHEN  THE  PERSON WAS SIXTEEN OR SEVENTEEN
YEARS OF AGE:
  1. UNLESS, AFTER CONSULTATION WITH COUNSEL  A  KNOWING  AND  VOLUNTARY
PLEA  OF  GUILTY  HAS  BEEN ENTERED TO SUCH CHARGE, ANY JUDGE OR JUSTICE
HEARING ANY STAGE OF SUCH CASE MAY, UPON CONSENT OF THE DEFENDANT  AFTER
CONSULTATION WITH COUNSEL, CONVERT SUCH CHARGE AND RETAIN IT AS A PERSON
IN  NEED  OF  SUPERVISION PROCEEDING FOR ALL PURPOSES AND SHALL HAVE THE
AUTHORITY TO GRANT ANY RELIEF AVAILABLE UNDER ARTICLE SEVEN OF THE FAMI-
LY COURT ACT.
  2. ANY ADVERSE FINDING  AND  ALL  RECORDS  OF  THE  INVESTIGATION  AND
PROCEEDINGS  RELATING TO SUCH CHARGE SHALL BE PROMPTLY EXPUNGED UPON THE
PERSON'S EIGHTEENTH BIRTHDAY OR THE CONCLUSION OF THE PROCEEDINGS ON THE
CHARGE BEFORE THE COURT, WHICHEVER OCCURS  LATER.  IN  THE  EVENT  OF  A
CONVICTION  OR  PLEA OF GUILTY TO SUCH CHARGE OR CHARGES OF PROSTITUTION
OR LOITERING FOR THE PURPOSES OF PROSTITUTION AS DESCRIBED IN THE  OPEN-
ING  PARAGRAPH  AND SUBDIVISION ONE OF THIS SECTION, THE COURT MUST FIND
THAT THE PERSON IS A YOUTHFUL OFFENDER AND PROCEED  IN  ACCORDANCE  WITH
ARTICLE  SEVEN  HUNDRED  TWENTY OF THIS CHAPTER, PROVIDED, HOWEVER, THAT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11570-07-3
              

A. 8071--A                          2

WHERE THE CONVICTION FOR WHICH THE YOUTHFUL OFFENDER FINDING IS  SUBSTI-
TUTED  IS  LOITERING  FOR  THE  PURPOSES  OF  PROSTITUTION AS DEFINED IN
SECTION 240.37 OF THE PENAL LAW, THE AVAILABLE  SENTENCE  SHALL  BE  THE
SENTENCE  THAT  MAY  BE  IMPOSED FOR A VIOLATION AS DEFINED IN THE PENAL
LAW.
  S 2. This act shall take effect immediately and shall  apply  to  such
offenses alleged to have been committed on or after such effective date,
as  well  as to charges for such offenses pending on such effective date
for which sentence had not yet been imposed.