Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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May 23, 2016 | referred to codes |
Archive: Last Bill Status - In Assembly Committee
- Introduced
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- On Floor Calendar
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- Passed Assembly
- Delivered to Governor
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A10353 (ACTIVE) - Details
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.