assembly Bill A10353

2015-2016 Legislative Session

Relates to confidentiality of records in proceedings to vacate convictions for offenses resulting from sex trafficking, labor trafficking and compelling prostitution

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 23, 2016 referred to codes

A10353 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง440.10, CP L
Versions Introduced in Other Legislative Sessions:
2017-2018: A4540
2019-2020: A982

A10353 (ACTIVE) - Summary

Provides for confidentiality of records in proceedings to vacate convictions for offenses resulting from sex trafficking, labor trafficking and compelling prostitution.

A10353 (ACTIVE) - Bill Text download pdf

                    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.