S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3976--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 Introduced  by  M.  of  A.  GOTTFRIED,  PAULIN,  D'URSO -- read once and
   referred to the Committee on Codes -- recommitted to the Committee  on
   Codes  in  accordance  with  Assembly  Rule  3,  sec.  2  -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 AN ACT to amend the criminal procedure law, in relation to confidential-
   ity of records in  proceedings  to  vacate  convictions  for  offenses
   resulting from sex trafficking, labor trafficking and compelling pros-
   titution
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 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
   (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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02695-02-8

 A. 3976--A                          2
 
 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; AND
   (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  COURT  ORDER;  PROVIDED,  HOWEVER,  THAT AVAILABILITY OF COPIES OF A
 MOTION UNDER THIS PARAGRAPH AND ALL PERTINENT PAPERS AND DOCUMENTS SHALL
 BE MADE AVAILABLE TO THE DEFENDANT OR  THEIR  AUTHORIZED  REPRESENTATIVE
 UPON REQUEST.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.