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
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 23, 2010 approval memo.19
Aug 13, 2010 signed chap.332
Aug 03, 2010 delivered to governor
Jun 15, 2010 returned to assembly
passed senate
Apr 26, 2010 advanced to third reading
Apr 21, 2010 2nd report cal.416
substituted for s4429
Apr 21, 2010 substituted by a7670
Apr 20, 2010 1st report cal.416
Jan 06, 2010 referred to codes
Apr 23, 2009 referred to codes

Votes

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Jun 15, 2010 - floor Vote

A7670
41
20
floor
41
Aye
20
Nay
0
Absent
1
Excused
0
Abstained
show floor vote details

Floor Vote: Jun 15, 2010

aye (41)
nay (20)
excused (1)

Apr 20, 2010 - Codes committee Vote

S4429
11
2
committee
11
Aye
2
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: Apr 20, 2010

aye (11)
nay (2)
aye wr (3)

Co-Sponsors

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S4429 (ACTIVE) - Details

See Assembly Version of this Bill:
A7670
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §440.10, CP L

S4429 (ACTIVE) - Summary

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

S4429 (ACTIVE) - Sponsor Memo

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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