S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8776
 
                             I N  S E N A T E
 
                              April 14, 2022
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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  the  former
   crime  of  loitering  for  the  purpose  of engaging in a prostitution
   offense  and  expunging  criminal  records  for   persons   previously
   convicted of such crime

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 160.50 of the criminal procedure law is amended  by
 adding a new subdivision 6 to read as follows:
   6.  (A) A CONVICTION FOR AN OFFENSE DESCRIBED IN FORMER SECTION 240.37
 OF THE PENAL LAW AS SUCH SECTION WAS IN EFFECT ON  FEBRUARY  FIRST,  TWO
 THOUSAND  TWENTY-ONE  SHALL,  ON  AND  AFTER  THE EFFECTIVE DATE OF THIS
 SUBDIVISION, IN ACCORDANCE WITH THE PROVISIONS  OF  THIS  PARAGRAPH,  BE
 VACATED AND DISMISSED, AND ALL RECORDS OF SUCH CONVICTION OR CONVICTIONS
 AND  RELATED  TO  SUCH  CONVICTION  OR CONVICTIONS SHALL BE EXPUNGED, AS
 DESCRIBED IN SUBDIVISION FORTY-FIVE OF SECTION 1.20 OF THIS CHAPTER, AND
 THE MATTER SHALL BE CONSIDERED TERMINATED IN FAVOR OF  THE  ACCUSED  AND
 DEEMED  A NULLITY, HAVING BEEN RENDERED BY THIS PARAGRAPH LEGALLY INVAL-
 ID. ALL SUCH RECORDS FOR AN OFFENSE DESCRIBED IN  THIS  PARAGRAPH  WHERE
 THE  CONVICTION WAS ENTERED ON OR BEFORE THE EFFECTIVE DATE OF THE CHAP-
 TER OF THE LAWS OF TWO THOUSAND TWENTY-TWO THAT ADDED  THIS  SUBDIVISION
 SHALL  BE  EXPUNGED  PROMPTLY  AND, IN ANY EVENT, NO LATER THAN ONE YEAR
 AFTER SUCH EFFECTIVE DATE.
   (B) COMMENCING UPON THE EFFECTIVE DATE OF THIS SUBDIVISION:
   (I) THE CHIEF ADMINISTRATOR OF THE COURTS SHALL  PROMPTLY  NOTIFY  THE
 COMMISSIONER  OF THE DIVISION OF CRIMINAL JUSTICE SERVICES AND THE HEADS
 OF ALL APPROPRIATE POLICE DEPARTMENTS, DISTRICT ATTORNEY'S  OFFICES  AND
 OTHER LAW ENFORCEMENT AGENCIES OF ALL CONVICTIONS THAT HAVE BEEN VACATED
 AND DISMISSED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION AND THAT ALL
 RECORDS  RELATED  TO  SUCH  CONVICTIONS SHALL BE EXPUNGED AND THE MATTER
 SHALL BE CONSIDERED TERMINATED IN FAVOR OF  THE  ACCUSED  AND  DEEMED  A
 NULLITY,  HAVING BEEN RENDERED LEGALLY  INVALID. UPON RECEIPT OF NOTIFI-
 CATION OF SUCH VACATUR, DISMISSAL AND EXPUNGEMENT, ALL  RECORDS RELATING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14227-03-2
 S. 8776                             2

 TO SUCH CONVICTION OR CONVICTIONS, OR THE CRIMINAL ACTION OR PROCEEDING,
 AS THE CASE MAY BE, SHALL BE MARKED AS EXPUNGED BY  CONSPICUOUSLY  INDI-
 CATING ON THE FACE OF THE RECORD AND ON EACH PAGE OR AT THE BEGINNING OF
 THE  DIGITIZED FILE OF THE RECORD THAT THE RECORD HAS BEEN DESIGNATED AS
 EXPUNGED. UPON THE WRITTEN REQUEST OF THE INDIVIDUAL WHOSE CASE HAS BEEN
 EXPUNGED OR THEIR DESIGNATED AGENT, SUCH  RECORDS  SHALL  BE  DESTROYED.
 SUCH  RECORDS  AND  PAPERS  SHALL  NOT  BE MADE AVAILABLE TO ANY PERSON,
 EXCEPT THE INDIVIDUAL WHOSE CASE HAS  BEEN  EXPUNGED  OR  SUCH  PERSON'S
 DESIGNATED AGENT; AND
   (II)  WHERE  AUTOMATIC  VACATUR, DISMISSAL, AND EXPUNGEMENT, INCLUDING
 RECORD DESTRUCTION IF REQUESTED, IS REQUIRED BY THIS SUBDIVISION BUT ANY
 RECORD OF THE COURT SYSTEM IN THIS STATE HAS NOT  YET  BEEN  UPDATED  TO
 REFLECT SAME:
   (A)  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW EXCEPT AS PROVIDED IN
 PARAGRAPH (D) OF SUBDIVISION ONE OF THIS SECTION AND  PARAGRAPH  (E)  OF
 SUBDIVISION  FOUR OF SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE EXECUTIVE
 LAW:
   (1) WHEN THE DIVISION OF CRIMINAL JUSTICE SERVICES CONDUCTS  A  SEARCH
 OF  ITS CRIMINAL HISTORY RECORDS, MAINTAINED PURSUANT TO SUBDIVISION SIX
 OF SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE EXECUTIVE LAW, AND  RETURNS
 A  REPORT  THEREON,  ALL  REFERENCES  TO  A  CONVICTION  FOR  AN OFFENSE
 DESCRIBED IN PARAGRAPH (K) OF SUBDIVISION THREE OF THIS SECTION SHALL BE
 EXCLUDED FROM SUCH REPORT; AND
   (2) THE CHIEF ADMINISTRATOR OF THE COURTS SHALL DEVELOP AND PROMULGATE
 RULES AS MAY BE NECESSARY TO ENSURE THAT NO WRITTEN OR ELECTRONIC REPORT
 OF A CRIMINAL HISTORY RECORD SEARCH CONDUCTED BY  THE  OFFICE  OF  COURT
 ADMINISTRATION  CONTAINS  INFORMATION  RELATING  TO  A CONVICTION FOR AN
 OFFENSE DESCRIBED IN PARAGRAPH (K) OF SUBDIVISION THREE OF THIS SECTION;
 AND
   (B) WHERE COURT RECORDS RELEVANT TO SUCH MATTER CANNOT BE  LOCATED  OR
 HAVE  BEEN  DESTROYED, AND A PERSON OR THE PERSON'S ATTORNEY PRESENTS TO
 AN APPROPRIATE COURT EMPLOYEE A FINGERPRINT RECORD OF THE NEW YORK STATE
 DIVISION OF CRIMINAL JUSTICE SERVICES, OR A COPY OF A COURT  DISPOSITION
 RECORD  OR  OTHER RELEVANT COURT RECORD, WHICH INDICATES THAT A CRIMINAL
 ACTION OR PROCEEDING AGAINST SUCH PERSON WAS TERMINATED BY CONVICTION OF
 AN OFFENSE DESCRIBED IN PARAGRAPH  (K)  OF  SUBDIVISION  THREE  OF  THIS
 SECTION,  THEN  PROMPTLY, AND IN ANY EVENT WITHIN THIRTY DAYS AFTER SUCH
 NOTICE TO SUCH COURT EMPLOYEE, THE CHIEF ADMINISTRATOR OF THE COURTS  OR
 HIS  OR  HER  DESIGNEE  SHALL  ASSURE  THAT SUCH VACATUR, DISMISSAL, AND
 EXPUNGEMENT,  INCLUDING  RECORD  DESTRUCTION  IF  REQUESTED,  HAVE  BEEN
 COMPLETED IN ACCORDANCE WITH SUBPARAGRAPH (I) OF THIS PARAGRAPH.
   (C)  VACATUR,  DISMISSAL AND EXPUNGEMENT AS SET FORTH IN THIS SUBDIVI-
 SION SHALL BE WITHOUT PREJUDICE TO ANY PERSON OR SUCH PERSON'S  ATTORNEY
 SEEKING  FURTHER  RELIEF  PURSUANT TO ARTICLE FOUR HUNDRED FORTY OF THIS
 CHAPTER OR ANY OTHER LAW. NOTHING IN THIS SECTION IS INTENDED  OR  SHALL
 BE  INTERPRETED  TO  DIMINISH  OR ABROGATE ANY RIGHT OR REMEDY OTHERWISE
 AVAILABLE TO ANY PERSON.
   (D) THE OFFICE OF COURT ADMINISTRATION, IN CONJUNCTION WITH THE  DIVI-
 SION OF CRIMINAL JUSTICE SERVICES, SHALL DEVELOP AN AFFIRMATIVE INFORMA-
 TION CAMPAIGN AND WIDELY DISSEMINATE TO THE PUBLIC, THROUGH ITS WEBSITE,
 PUBLIC  SERVICE ANNOUNCEMENTS AND OTHER MEANS, IN MULTIPLE LANGUAGES AND
 THROUGH MULTIPLE OUTLETS, INFORMATION  CONCERNING  THE  EXPUNGEMENT  AND
 VACATUR OF LOITERING FOR THE PURPOSES OF PROSTITUTION CONVICTIONS ESTAB-
 LISHED  BY THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-TWO THAT ADDED
 THIS SUBDIVISION, INCLUDING, BUT  NOT LIMITED TO, THE AUTOMATIC EXPUNGE-
 MENT OF CERTAIN PAST CONVICTIONS, THE MEANS BY WHICH  AN INDIVIDUAL  MAY
 S. 8776                             3
 
 FILE  A  MOTION  FOR  VACATUR, DISMISSAL AND EXPUNGEMENT OF CERTAIN PAST
 CONVICTIONS, AND THE IMPACT OF SUCH CHANGES ON  SUCH  PERSON'S  CRIMINAL
 HISTORY RECORDS.
   §  2.  The opening paragraph of subdivision 1, subdivision 2 and para-
 graph (a) of subdivision 3 of section 170.80 of the  criminal  procedure
 law,  the opening paragraph of subdivision 1 as amended by chapter 23 of
 the laws of 2021, and subdivision 2 as  amended  and  paragraph  (a)  of
 subdivision  3  as added by chapter 402 of the laws of 2014, are amended
 to read as follows:
   Notwithstanding any other provision of law, at any time  at  or  after
 arraignment  on  a  charge of prostitution pursuant to section 230.00 of
 the penal law, EXCEPT WHERE, 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:
   2.  In  the event of a conviction by plea or verdict to such charge or
 charges of prostitution [or loitering for the purposes of  prostitution]
 as  described  in  subdivision  one of this section, the court must find
 that the person is a youthful offender for the purpose  of  such  charge
 and  proceed  in  accordance  with  article seven hundred twenty of this
 chapter, provided, however, that the available  sentence  shall  be  the
 sentence  that  may be imposed for a violation as defined in subdivision
 three of section 10.00 of the penal law. In such case,  the  records  of
 the  investigation  and  proceedings  relating  to  such charge shall be
 sealed in accordance with section 720.35 of this chapter.
   (a) When a charge of prostitution [or loitering for  the  purposes  of
 prostitution]  has  been  conditionally converted to a person in need of
 supervision proceeding pursuant to subdivision one of this section,  the
 defendant  shall  be  deemed  a "sexually exploited child" as defined in
 subdivision one of section four  hundred  forty-seven-a  of  the  social
 services law and therefore shall not be considered an adult for purposes
 related  to the charges in the person in need of supervision proceeding.
 Sections seven  hundred  eighty-one,  seven  hundred  eighty-two,  seven
 hundred  eighty-two-a,  seven  hundred  eighty-three  and  seven hundred
 eighty-four of the family court act shall apply to any proceeding condi-
 tionally converted under this section.
   § 3. Subparagraph (iv) of paragraph (k) of subdivision  3  of  section
 160.50  of  the  criminal procedure law, as amended by chapter 92 of the
 laws of 2021, is amended to read as follows:
   (iv) the conviction was for  an  offense  defined  in  FORMER  section
 240.37 of the penal law; or
   § 4. This act shall take effect immediately.