senate Bill S5839A

Relates to proceedings regarding prostitution offenses committed by juveniles

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 17 / Jun / 2013
    • REFERRED TO RULES
  • 18 / Jun / 2013
    • AMEND AND RECOMMIT TO RULES
  • 18 / Jun / 2013
    • PRINT NUMBER 5839A
  • 21 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1663
  • 21 / Jun / 2013
    • SUBSTITUTED BY A8071A

Summary

Provides that local criminal courts shall treat and retain persons aged 16 and 17 who commit certain prostitution offenses as PINS proceedings.

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Bill Details

See Assembly Version of this Bill:
A8071A
Versions:
S5839
S5839A
Legislative Cycle:
2013-2014
Law Section:
Criminal Procedure Law
Laws Affected:
Add §170.80, CP L

Sponsor Memo

BILL NUMBER:S5839A REVISED 6/21/13

TITLE OF BILL: An act to amend the criminal procedure law, in
relation to the treatment of certain juveniles for certain
prostitution offenses

PURPOSE: This bill establishes special arrest procedures consistent
with the Safe Harbour for Exploited Youth Act (the "Safe Harbor Act"),
and provides that a 16- or 17- year old charged with a prostitution
offense will be treated as a sexually exploited child and the criminal
court judge will have the authority to order specialized services
consistent with the Safe Harbor Act for such child.

SUMMARY OF PROVISIONS:

Section 1 amends section 120.90 of the Criminal Procedure Law to
establish arrest procedures in the case of a warrant of arrest when a
16- or 17-year old is taken into custody for an act which would
constitute prostitution under section 230.00 of the Penal Law or
loitering for the purposes of prostitution under section 240.37(2) of
the Penal Law. After performing without unnecessary delay all
recording, fingerprinting and other preliminary police duties, a
police officer shall bring the arrested person before a local criminal
court and file an appropriate accusatory instrument. If the local
criminal court is not in session, the arresting officer shall take the
person to an available short-term safe house. A police office or peace
officer is not precluded from originating a person in need of
supervision proceeding pursuant to section 733 of 'he Family Court Act
in lieu of referral for prosecution.

Section 2 amends section 140.20 of the Criminal Procedure Law to
establish arrest procedures in the case of an arrest without a warrant
when a 16- or 17-year old is taken into custody for an act which would
constitute prostitution under section 230.00 of the Penal Law or
loitering for the purposes of prostitution under section 240.37(2) of
the Penal Law. After performing without unnecessary delay all
recording, fingerprinting and other preliminary police duties, a
police officer shall bring the arrested person before a local criminal
court and file an appropriate accusatory instrument. If the local
criminal court is not in session, the arresting officer shall take the
person to an available short-term safe house. A police office or peace
officer is not precluded from originating a person in need of
supervision proceeding pursuant to section 733 of the Family Court Act
in lieu of referral for prosecution.

Section 3 amends section 170.10 of the Criminal Procedure Law to
provide that in any proceeding based upon an arrest of a 16- or
17-year old for prostitution as defined in section 230.00 of the Penal
Law, or loitering for the purposes of prostitution as defined in
section 240.37(2) of the Penal Law, such youth shall be treated as a
sexually exploited child pursuant to section 147-a of the Social
Services Law. The section further provides that the court shall order
specialized services set forth in section 447-a(2)-(5) for up to three
months upon the consent of such youth. Nothing shall preclude the
court from dismissing the case in the interest of justice pursuant to
section 170.30(1) (g) of the Criminal Procedure Law.


Section 4 amends Section 170.30 of the Criminal Procedure Law to
provide that after arraignment upon an information, a simplified
information, a prosecutor's information or a misdemeanor complaint,
the local criminal court shall dismiss such instrument on the grounds
that a sexually exploited child accused of prostitution as defined in
section 230.00 of the Penal Law or loitering for the purposes of
prostitution as defined in section 240.37(2) of the Penal Law
cooperated with services ordered by the court.

Section 5 amends subdivision 1 of section 720.10 of the Criminal
Procedure Law, as amended by Chapter 411 of the Laws of 1979, to
include in the definition of youth a person charged with loitering for
the purposes of prostitution as defined in section 240.37(2) of the
Penal Law where such violation was alleged to have been committed when
he or she was sixteen or seventeen years old.

Section 6 amends paragraph (b) of subdivision 1 of section 720.20 of
the Criminal Procedure Law, as amended by Chapter 652 of the Laws of
1974, to provide that any conviction for prostitution or loitering for
prostitution resulting in a prior youthful offender adjudication shall
not preclude the youth's eligibility for youthful offender treatment
pursuant to such subdivision 1. In addition, where a 16- or 17-year
old youth is convicted of prostitution as defined in section 230.00 of
the Penal Law or loitering for the purposes of Prostitution as defined
in section 240.37(2) of the Penal Law, the court must find such youth
is a youthful offender.

Section 7 amends subdivision 3 of section 502 of the Executive Law, as
amended by section 1 of subpart B of Part Q of Chapter 58 of the Laws
of 2011, to include in the definition of detention a 16- or 17-year
old alleged to have committed prostitution as defined in section
230.00 of the Penal Law or loitering for the purposes of prostitution
as defined in section 240.37(2) of the Penal Law.

Section 8 amends subdivision 2 of section 212 of the Judiciary Law to
require the chief administrator of the courts to adopt rules
establishing a training program in specialized areas involving
sexually exploited youth and adolescent development.

Section 9 sets forth the effective date as the ninetieth day after it
shall have become law.

JUSTIFICATION: Since 2007, New York State has taken significant
measures to hold accountable sex and labor traffickers, sex tourism
operators and others who organize, promote, advance, support and
patronize the trafficking industry. The State has also taken important
steps in recent years to acknowledge that many individuals facing
prosecution for engaging in prostitution are, in fact, victims of
human trafficking.

This legislation significantly improves the State's response to human
trafficking by treating 16- and I7-year olds charged with prostitution
as sexually exploited children. The Legislature, in enacting the Safe
Harbor f Exploited Youth Act of 2008 ("Safe Harbor Act"), recognized
that individuals under the age of eighteen who are arrested for
prostitution or loitering for the purposes of prostitution are victims
of the commercial sexual exploitation of children. Consistent, overall


implementation of this reform has been undermined, however, by
inconsistent provisions, particularly in the Penal Law and Criminal
Procedure Law that were not simultaneously amended to further this
important legislative goal. In practice, 16- and 17-year-old victims
continue to be treated as criminal defendants.

This legislation creates special arrest procedures consistent with the
Safe Harbor Act (Criminal Procedure Law new § 120.90(9) and
140.20(8)). It also provides that a 16- or 17- year old charged with a
prostitution offense will be treated as a sexually exploited child
pursuant to section 447-a of the Social Services Law and the criminal
court judge will have the authority to order specialized services
consistent with the Safe Harbor Act (Criminal Procedure Law new
170.10(10) and (11)). Opun completion of services the court will
dismiss the charges (Criminal Procedure Law new §170.30(4)). If a
youth is ultimately convicted of prostitution or loitering for the
purposes of prostitution, the conviction will be replaced by a
youthful offender adjudication, resulting in the sealing of the
conviction (Criminal Procedure Law § 720.10 and new §720.20(1)(c)).
Further, a sexually exploited child alleged to have committed
prostitution or loitering for the purposes of prostitution may be held
in a youth detention facility (Executive Law § 502(3)) for a period no
longer than the period currently prescribed by the Penal :,yaw for
such offenses. Additionally, this bill will require specialized
training for judges who oversee the cases of 16- and 17- year old
Prostituted youth (Judiciary Law new § 212(2)(s)).

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately, with provisions.

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

                                 5839--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 17, 2013
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Rules  --  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11570-08-3

S. 5839--A                          2

ARTICLE SEVEN HUNDRED TWENTY OF THIS CHAPTER,  PROVIDED,  HOWEVER,  THAT
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.

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