Assembly Bill A10353

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

                                  10353

                          I N  A S S E M B L Y

                              May 23, 2016
                               ___________

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

AN ACT to amend the criminal procedure  law,  in  relation  to  vacating
  convictions  for  offenses resulting from sex trafficking, labor traf-
  ficking and compelling prostitution

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

  Section  1.  Legislative intent. The purpose of this legislation is to
strengthen protection for the victims of sex  trafficking,  labor  traf-
ficking,  compelling  prostitution  and  trafficking in persons, who are
convicted of a range of offenses as a  result  of  that  trafficking  or
compelling. New York's landmark law offering the vacating of convictions
for prostitution-related offenses that were a result of this trafficking
has  been  the  model for laws in more than half of the states. However,
several states wisely offer this relief to victims who may be  compelled
to  participate in other offenses as well. This legislation would follow
that example. Granting relief under this provision has always been based
on consideration of the circumstances and the interest of justice;  this
legislation reiterates that.
  S  2. Paragraph (i) of subdivision 1 of section 440.10 of the criminal
procedure law, as amended by chapter 368 of the laws of 2015, is amended
to read as follows:
  (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 person for prostitution or promoting pros-
titution) or 230.00 (prostitution) or 230.03 (prostitution in  a  school
zone)  of  the  penal  law,  and]  the  defendant's participation in the
offense was a result of having been a victim of  sex  trafficking  under
section  230.34 of the penal law, labor trafficking under section 135.35
of the penal law, aggravated labor trafficking under section  135.37  of
the penal law, compelling prostitution under section 230.33 of the penal
law,  or trafficking in persons under the Trafficking Victims Protection
Act (United States Code, title 22, chapter 78); provided that

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

                                                           LBD15570-01-6

A. 10353                            2

  (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
compelling prostitution crime or has sought services for victims of such
trafficking or compelling  prostitution  crime,  subject  to  reasonable
concerns  for the safety of the defendant, family members of the defend-
ant, or other victims of such  trafficking  or  compelling  prostitution
crime  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
trafficking, LABOR TRAFFICKING, AGGRAVATED LABOR TRAFFICKING, compelling
prostitution,  or trafficking in persons at the time of the offense from
a federal, state or local government agency shall create  a  presumption
that the defendant's participation in the offense was a result of having
been  a  victim  of sex trafficking, LABOR TRAFFICKING, AGGRAVATED LABOR
TRAFFICKING, compelling prostitution  or  trafficking  in  persons,  but
shall not be required for granting a motion under this paragraph;
  (III)  A  MOTION  UNDER  THIS  PARAGRAPH, AND ALL PERTINENT PAPERS AND
DOCUMENTS, SHALL BE CONFIDENTIAL AND MAY NOT BE MADE  AVAILABLE  TO  ANY
PERSON  OR PUBLIC OR PRIVATE AGENCY EXCEPT WHERE SPECIFICALLY AUTHORIZED
BY THE COURT; AND
  (IV) THE GRANTING OF A MOTION UNDER THIS PARAGRAPH SHALL BE DETERMINED
BY THE COURT IN CONSIDERATION OF THE CIRCUMSTANCES AND THE  INTEREST  OF
JUSTICE.
  S  3.  This  act shall take effect immediately; provided that subpara-
graph (iii) of paragraph (i) of subdivision 1 of section 440.10  of  the
criminal  procedure law, as added by section one of this act, shall take
effect on the sixtieth day after it shall have become a law.