S T A T E O F N E W Y O R K
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8749
I N A S S E M B L Y
February 12, 2014
___________
Introduced by M. of A. PAULIN -- read once and referred to the Committee
on Codes
AN ACT to amend the criminal procedure law, the penal law and chapter
555 of the laws of 2013, amending the criminal procedure law relating
to the treatment of certain juveniles for certain prostitution
offenses, in relation to the treatment of certain persons aged sixteen
or seventeen for certain prostitution offenses
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 170.30 of the criminal procedure law is amended by
adding a new subdivision 4 to read as follows:
4. AFTER ARRAIGNMENT UPON AN INFORMATION, A SIMPLIFIED INFORMATION, A
PROSECUTOR'S INFORMATION OR MISDEMEANOR COMPLAINT ON A CHARGE OF PROSTI-
TUTION PURSUANT TO SECTION 230.00 OF THE PENAL LAW OR LOITERING FOR THE
PURPOSES OF PROSTITUTION PURSUANT TO SUBDIVISION TWO OF SECTION 240.37
OF THE PENAL LAW, PROVIDED THAT THE PERSON DOES NOT STAND CHARGED WITH
LOITERING FOR THE PURPOSE OF PATRONIZING A PROSTITUTE, WHERE SUCH
OFFENSE ALLEGEDLY OCCURRED WHEN THE PERSON WAS SIXTEEN OR SEVENTEEN
YEARS OF AGE, THE LOCAL CRIMINAL COURT MAY DISMISS SUCH CHARGE IN ITS
DISCRETION IN THE INTEREST OF JUSTICE ON THE GROUND THAT A DEFENDANT
PARTICIPATED IN SERVICES PROVIDED TO HIM OR HER.
S 2. Section 170.80 of the criminal procedure law, as added by chapter
555 of the laws of 2013, is amended to read as follows:
S 170.80 Proceedings regarding certain prostitution charges; certain
[teenagers] PERSONS AGED SIXTEEN OR SEVENTEEN.
1. Notwithstanding any other provision of law, [when a person is
arrested for prostitution] AT ANY TIME AT OR AFTER ARRAIGNMENT ON A
CHARGE OF PROSTITUTION PURSUANT TO SECTION 230.00 OF THE PENAL LAW or
loitering for the purposes of prostitution [and] PURSUANT TO SUBDIVISION
TWO OF SECTION 240.37 OF THE PENAL LAW, PROVIDED THAT THE PERSON DOES
NOT STAND CHARGED WITH LOITERING FOR THE PURPOSE OF PATRONIZING A PROS-
TITUTE, WHERE such offense allegedly occurred when the person was
sixteen or seventeen years of age[:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13575-03-4
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1. unless] 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[,]:
(A) CONDITIONALLY convert such charge IN ACCORDANCE WITH SUBDIVISION
THREE OF THIS SECTION and retain it as a person in need of supervision
proceeding for all purposes, and shall [have the authority to] MAKE SUCH
PROCEEDING FULLY SUBJECT TO THE PROVISIONS AND grant any relief avail-
able under article seven of the family court act[.]; AND/OR
(B) ORDER THE PROVISION OF ANY OF THE SPECIALIZED SERVICES ENUMERATED
IN TITLE EIGHT-A OF ARTICLE SIX OF THE SOCIAL SERVICES LAW, AS MAY BE
REASONABLY AVAILABLE.
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] BY plea [of guilty] OR VERDICT to such charge or charges
of prostitution or loitering for the purposes of prostitution as
described in [the opening paragraph and] 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 [where the
conviction for which the youthful offender finding is substituted 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 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.
3. (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.
(B) THE COURT AFTER HEARING FROM THE PARTIES SHALL STATE THE CONDITION
OR CONDITIONS OF SUCH CONVERSION, WHICH MAY INCLUDE THE INDIVIDUAL'S
PARTICIPATION IN SPECIALIZED SERVICES PROVIDED PURSUANT TO TITLE EIGHT-A
OF ARTICLE SIX OF THE SOCIAL SERVICES LAW AND OTHER APPROPRIATE SERVICES
AVAILABLE TO PERSONS IN NEED OF SUPERVISION IN ACCORDANCE WITH ARTICLE
SEVEN OF THE FAMILY COURT ACT.
(C)(I) THE COURT MAY, UPON WRITTEN APPLICATION BY THE PEOPLE AT ANY
TIME DURING THE PENDENCY OF THE PERSON IN NEED OF SUPERVISION PROCEEDING
OR DURING ANY DISPOSITION THEREOF, BUT IN NO EVENT LATER THAN THE INDI-
VIDUAL'S EIGHTEENTH BIRTHDAY, RESTORE THE ACCUSATORY INSTRUMENT IF THE
COURT IS SATISFIED BY COMPETENT PROOF THAT THE INDIVIDUAL, WITHOUT JUST
CAUSE, IS NOT IN SUBSTANTIAL COMPLIANCE WITH THE CONDITION OR CONDITIONS
OF THE CONVERSION.
(II) NOTICE OF SUCH AN APPLICATION TO RESTORE AN ACCUSATORY INSTRUMENT
SHALL BE SERVED ON THE PERSON AND HIS OR HER COUNSEL BY THE COURT. THE
NOTICE SHALL INCLUDE A STATEMENT SETTING FORTH A REASONABLE DESCRIPTION
A. 8749 3
OF WHY THE PERSON IS NOT IN SUBSTANTIAL COMPLIANCE WITH THE CONDITION OR
CONDITIONS OF THE CONVERSION AND A DATE UPON WHICH SUCH PERSON SHALL
APPEAR BEFORE THE COURT. THE COURT SHALL AFFORD THE PERSON THE RIGHT TO
COUNSEL AND THE RIGHT TO BE HEARD. UPON SUCH APPEARANCE, THE COURT MUST
ADVISE THE PERSON OF THE CONTENTS OF THE NOTICE AND THE CONSEQUENCES OF
A FINDING OF FAILURE TO SUBSTANTIALLY COMPLY WITH THE CONDITIONS OF
CONVERSION. AT THE TIME OF SUCH APPEARANCE THE COURT MUST ASK THE PERSON
WHETHER HE OR SHE WISHES TO MAKE ANY STATEMENT WITH RESPECT TO SUCH
ALLEGED FAILURE TO SUBSTANTIALLY COMPLY. IN DETERMINING WHETHER SUCH
PERSON HAS FAILED TO SUBSTANTIALLY COMPLY WITH THE TERMS OF THE CONVER-
SION, THE COURT SHALL CONDUCT A HEARING AT WHICH TIME SUCH PERSON MAY
CROSS-EXAMINE WITNESSES AND PRESENT EVIDENCE ON HIS OR HER OWN BEHALF.
ANY FINDINGS THE COURT SHALL MAKE, SHALL BE MADE ON THE COURT RECORD. IF
THE COURT FINDS THAT SUCH PERSON DID NOT SUBSTANTIALLY COMPLY, IT MAY
RESTORE THE ACCUSATORY INSTRUMENT PURSUANT TO SUBPARAGRAPH (I) OF THIS
PARAGRAPH, MODIFY THE TERMS OF CONVERSION IN ACCORDANCE WITH THIS
SECTION OR OTHERWISE CONTINUE SUCH TERMS AS IN ITS DISCRETION IT DEEMS
JUST AND PROPER.
(III) IF SUCH ACCUSATORY INSTRUMENT IS RESTORED PURSUANT TO SUBPARA-
GRAPH (I) OF THIS PARAGRAPH, THE PROCEEDING SHALL CONTINUE IN ACCORDANCE
WITH SUBDIVISION TWO OF THIS SECTION. IF THE INDIVIDUAL DOES NOT COMPLY
WITH SERVICES OR DOES NOT RETURN TO COURT, THE INDIVIDUAL SHALL BE
RETURNED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE SEVEN OF THE FAMI-
LY COURT ACT.
4. AT THE CONCLUSION OF A PERSON IN NEED OF SUPERVISION PROCEEDING
PURSUANT TO THIS SECTION, ALL RECORDS OF THE INVESTIGATION AND
PROCEEDINGS RELATING TO SUCH PROCEEDINGS, INCLUDING RECORDS CREATED
BEFORE THE CHARGE WAS CONDITIONALLY CONVERTED, SHALL BE SEALED IN
ACCORDANCE WITH SECTION 720.35 OF THIS CHAPTER.
S 3. Section 720.15 of the criminal procedure law is amended by adding
a new subdivision 4 to read as follows:
4. NOTWITHSTANDING ANY PROVISION IN THIS ARTICLE, A PERSON CHARGED
WITH PROSTITUTION AS DEFINED IN SECTION 230.00 OF THE PENAL LAW OR
LOITERING FOR THE PURPOSES OF PROSTITUTION AS DEFINED IN SUBDIVISION TWO
OF SECTION 240.37 OF THE PENAL LAW, PROVIDED THAT THE PERSON DOES NOT
STAND CHARGED WITH LOITERING FOR THE PURPOSE OF PATRONIZING A PROSTI-
TUTE, AND SUCH PERSON IS AGED SIXTEEN OR SEVENTEEN WHEN SUCH OFFENSE
OCCURRED, REGARDLESS OF WHETHER SUCH PERSON (I) HAD PRIOR TO COMMENCE-
MENT OF TRIAL OR ENTRY OF A PLEA OF GUILTY BEEN CONVICTED OF A CRIME OR
FOUND A YOUTHFUL OFFENDER, OR (II) SUBSEQUENT TO SUCH CONVICTION FOR
PROSTITUTION OR LOITERING FOR PROSTITUTION IS CONVICTED OF A CRIME OR
FOUND A YOUTHFUL OFFENDER, THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF
THIS SECTION REQUIRING OR AUTHORIZING THE ACCUSATORY INSTRUMENT FILED
AGAINST A YOUTH TO BE SEALED, AND THE ARRAIGNMENT AND ALL PROCEEDINGS IN
THE ACTION TO BE CONDUCTED IN PRIVATE SHALL APPLY.
S 4. The criminal procedure law is amended by adding a new section
720.25 to read as follows:
S 720.25 YOUTHFUL OFFENDER ADJUDICATION; CERTAIN EXEMPTIONS.
NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF LAW:
1. WHERE THE COURT IS REQUIRED TO FIND THAT A PERSON IS A YOUTHFUL
OFFENDER PURSUANT TO SECTION 170.80 OF THIS CHAPTER, THE FACT THAT SUCH
PERSON HAS PREVIOUSLY BEEN CONVICTED OF A CRIME OR ADJUDICATED A YOUTH-
FUL OFFENDER SHALL NOT PREVENT SUCH PERSON FROM BEING ADJUDICATED A
YOUTHFUL OFFENDER AS REQUIRED BY SUCH SECTION; AND
2. A YOUTHFUL OFFENDER ADJUDICATION PURSUANT TO SECTION 170.80 OF THIS
CHAPTER SHALL NOT BE CONSIDERED IN DETERMINING WHETHER A PERSON IS AN
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ELIGIBLE YOUTH, OR IN DETERMINING WHETHER TO FIND A PERSON A YOUTHFUL
OFFENDER, IN ANY SUBSEQUENT YOUTHFUL OFFENDER ADJUDICATION.
S 5. Subdivision 1 of section 720.35 of the criminal procedure law, as
amended by section 87 of subpart B of part C of chapter 62 of the laws
of 2011, is amended to read as follows:
1. A youthful offender adjudication is not a judgment of conviction
for a crime or any other offense, and does not operate as a disquali-
fication of any person so adjudged to hold public office or public
employment or to receive any license granted by public authority but
shall be deemed a conviction only for the purposes of transfer of super-
vision and custody pursuant to section two hundred fifty-nine-m of the
executive law. A DEFENDANT FOR WHOM A YOUTHFUL OFFENDER ADJUDICATION
WAS SUBSTITUTED, WHO WAS ORIGINALLY CHARGED WITH PROSTITUTION AS DEFINED
IN SECTION 230.00 OF THE PENAL LAW OR LOITERING FOR THE PURPOSES OF
PROSTITUTION AS DEFINED IN SUBDIVISION TWO OF SECTION 240.37 OF THE
PENAL LAW PROVIDED THAT THE PERSON DOES NOT STAND CHARGED WITH LOITERING
FOR THE PURPOSE OF PATRONIZING A PROSTITUTE, FOR AN OFFENSE ALLEGEDLY
COMMITTED WHEN HE OR SHE WAS SIXTEEN OR SEVENTEEN YEARS OF AGE, 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 THERE-
FORE SHALL NOT BE CONSIDERED AN ADULT FOR PURPOSES RELATED TO THE CHARG-
ES IN THE YOUTHFUL OFFENDER PROCEEDING OR A PROCEEDING UNDER SECTION
170.80 OF THIS CHAPTER.
S 6. Section 60.02 of the penal law is amended by adding a new subdi-
vision 4 to read as follows:
(4) NOTWITHSTANDING ANY OTHER PROVISION OF LAW IN THIS SECTION, IF THE
SENTENCE IS TO BE IMPOSED UPON A YOUTHFUL OFFENDER FINDING WHICH HAS
BEEN SUBSTITUTED FOR A CONVICTION OF PROSTITUTION OR LOITERING FOR THE
PURPOSES OF PROSTITUTION PROVIDED THAT THE PERSON DOES NOT STAND CHARGED
WITH LOITERING FOR THE PURPOSE OF PATRONIZING A PROSTITUTE, AND SUCH
OFFENSE OCCURRED WHEN THE PERSON WAS SIXTEEN OR SEVENTEEN YEARS OF AGE,
THE COURT MUST IMPOSE A SENTENCE AUTHORIZED TO BE IMPOSED UPON A PERSON
CONVICTED OF A VIOLATION AS DEFINED IN SUBDIVISION THREE OF SECTION
10.00 OF THE PENAL LAW AND WHERE THE COURT IMPOSES A REVOCABLE SENTENCE
AUTHORIZED FOR A VIOLATION MAY ORDER ANY OF THE SPECIALIZED SERVICES
ENUMERATED IN TITLE EIGHT-A OF ARTICLE SIX OF THE SOCIAL SERVICES LAW OR
OTHER APPROPRIATE SERVICES MADE AVAILABLE TO PERSONS IN NEED OF SUPER-
VISION IN ACCORDANCE WITH ARTICLE SEVEN OF THE FAMILY COURT ACT.
S 7. Section 2 of chapter 555 of the laws of 2013, amending the crimi-
nal procedure law relating to the treatment of certain juveniles for
certain prostitution offenses, is amended to read as follows:
S 2. This act shall take effect [immediately] ON THE ONE HUNDRED TWEN-
TIETH DAY AFTER IT SHALL HAVE BECOME A LAW 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.
S 8. This act shall take effect immediately, provided however that
sections one, two, three, four, five and six of this act shall take
effect on the same date and in the same manner as chapter 555 of the
laws of 2013, as amended, takes effect.