senate Bill S5839A

Signed By Governor
2013-2014 Legislative Session

Relates to proceedings regarding prostitution offenses committed by juveniles

download bill text pdf

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Archive: Last Bill Status Via A8071 - 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 (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 10, 2014 signed chap.555
Dec 30, 2013 delivered to governor
Jun 21, 2013 returned to assembly
passed senate
3rd reading cal.1663
substituted for s5839a
Jun 21, 2013 substituted by a8071a
ordered to third reading cal.1663
Jun 18, 2013 print number 5839a
amend and recommit to rules
Jun 17, 2013 referred to rules

S5839 - Details

See Assembly Version of this Bill:
A8071A
Law Section:
Criminal Procedure Law
Laws Affected:
Add §170.80, CP L

S5839 - Summary

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

S5839 - Sponsor Memo

S5839 - Bill Text download pdf

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

                                  5839

                       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

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  OFFENSES  COMMITTED
           BY JUVENILES.
  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW,  WHEN A PERSON WHO IS
SIXTEEN OR SEVENTEEN YEARS OF AGE HAS BEEN ARRESTED  FOR  VIOLATING  THE
PROVISIONS  OF  SECTION  230.00,  230.03 OR 240.37 OF THE PENAL LAW, ANY
JUDGE HEARING ANY ASPECT OF SUCH A CASE SHALL TREAT AND RETAIN THE  CASE
AS A PERSON IN NEED OF SUPERVISION PROCEEDING FOR ALL PURPOSES AND SHALL
HAVE  THE AUTHORITY TO GRANT ANY RELIEF AVAILABLE UNDER THE FAMILY COURT
ACT, AND ANY ADVERSE FINDING IN THE CASE SHALL BE AUTOMATICALLY EXPUNGED
UPON THE PERSON'S EIGHTEENTH BIRTHDAY.
  S 2. This act shall take effect immediately and  shall  apply  to  all
offenses committed on or after such effective date.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11570-02-3

S5839A (ACTIVE) - Details

See Assembly Version of this Bill:
A8071A
Law Section:
Criminal Procedure Law
Laws Affected:
Add §170.80, CP L

S5839A (ACTIVE) - Summary

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

S5839A (ACTIVE) - Sponsor Memo

S5839A (ACTIVE) - Bill Text download pdf

                    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

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