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Assembly Bill A6409

2013-2014 Legislative Session

Relates to creating an affirmative defense for victims of human trafficking, increasing the minimum sentence of imprisonment for those convicted of sex trafficking and establishing the crime of human trafficking

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Archive: Last Bill Status - In Assembly Committee

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2013-A6409 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §§230.41 & 135.37, amd §§230.34 & 70.00, Pen L
Versions Introduced in 2015-2016 Legislative Session:
A3955

2013-A6409 (ACTIVE) - Summary

Relates to creating an affirmative defense to the charge of prostitution, being the victim of human trafficking; increases the minimum sentence of imprisonment for those convicted of sex trafficking; establishes the crime of human trafficking.

2013-A6409 (ACTIVE) - Bill Text download pdf 

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

                                  6409

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 26, 2013
                               ___________

Introduced  by  M. of A. KATZ -- read once and referred to the Committee
  on Codes

AN ACT to amend the penal law, in relation to  creating  an  affirmative
  defense to the charge of prostitution, being the victim of human traf-
  ficking, and increasing the minimum sentence of imprisonment for those
  convicted of sex trafficking

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

  Section 1. The penal law is amended by adding a new section 230.41  to
read as follows:
S 230.41 AFFIRMATIVE DEFENSE VICTIM OF HUMAN TRAFFICKING.
  ANY INDIVIDUAL CHARGED WITH THE CRIME OF PROSTITUTION PURSUANT TO THIS
ARTICLE  MAY ASSERT THE AFFIRMATIVE DEFENSE THAT THEIR PARTICIPATION WAS
INVOLUNTARY AND SOLELY THE RESULT OF BEING THE VICTIM OF  SEX  TRAFFICK-
ING.  PROVIDED,  HOWEVER THAT THIS DEFENSE SHALL NOT BE AVAILABLE TO ANY
INDIVIDUAL CHARGED WITH PATRONIZING A PROSTITUTE.
  S 2. The closing paragraph of section 230.34  of  the  penal  law,  as
added by chapter 74 of the laws of 2007, is amended to read as follows:
  Sex  trafficking  is a class B felony PUNISHABLE BY A MINIMUM SENTENCE
OF TWENTY-FIVE YEARS IMPRISONMENT.
  S 3. Subdivision 2 of section 70.00 of the penal law,  as  amended  by
chapter 738 of the laws of 2004, is amended to read as follows:
  2.  Maximum  term  of  sentence.  The maximum term of an indeterminate
sentence shall be at least three years and the term shall  be  fixed  as
follows:
  (a) For a class A felony, the term shall be life imprisonment;
  (b)  For  a  class B felony, the term shall be fixed by the court, and
shall not exceed twenty-five years;
  (B-1) FOR THE CLASS B FELONY OF SEX TRAFFICKING OR HUMAN  TRAFFICKING,
THE  TERM SHALL BE FIXED BY THE COURT AND SHALL NOT BE LESS THAN TWENTY-
FIVE YEARS;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09416-01-3

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