S T A T E O F N E W Y O R K
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6983--B
Cal. No. 249
2019-2020 Regular Sessions
I N A S S E M B L Y
April 3, 2019
___________
Introduced by M. of A. GOTTFRIED, PAULIN, NIOU, FAHY, HEVESI, SAYEGH,
L. ROSENTHAL, SIMOTAS, KIM, QUART, EPSTEIN, MOSLEY, AUBRY, JAFFEE,
D'URSO, WALKER, CRUZ, STECK, PERRY, DICKENS, HUNTER, ARROYO, CROUCH,
ORTIZ, REYES, COOK, SIMON, DARLING, WALCZYK, RIVERA, SEAWRIGHT,
LIFTON, FERNANDEZ, GLICK, BLAKE, O'DONNELL, CARROLL -- Multi-Sponsored
by -- M. of A. DenDEKKER -- read once and referred to the Committee on
Codes -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- ordered to a third read-
ing, amended and ordered reprinted, retaining its place on the order
of third reading
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.
§ 2. Paragraph (i) of subdivision 1 of section 440.10 of the criminal
procedure law, as amended by section 3 of part OO of chapter 55 of the
laws of 2019 and subparagraph (ii) of paragraph (i) of subdivision 1 as
amended by chapter 131 of the laws of 2019, is amended to read as
follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03508-07-0
A. 6983--B 2
(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, sex trafficking of a child under
section 230.34-a 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-
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
SEX 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;
(II) A MOTION UNDER THIS PARAGRAPH, AND ALL PERTINENT PAPERS AND DOCU-
MENTS, SHALL BE CONFIDENTIAL AND MAY NOT BE MADE AVAILABLE TO ANY PERSON
OR PUBLIC OR PRIVATE ENTITY EXCEPT WHERE SPECIFICALLY AUTHORIZED BY THE
COURT; AND
(III) WHEN A MOTION IS FILED UNDER THIS PARAGRAPH, THE COURT MAY, UPON
THE CONSENT OF THE PETITIONER AND ALL OF THE STATE AND LOCAL PROSECUTO-
RIAL AGENCIES THAT PROSECUTED EACH MATTER, CONSOLIDATE INTO ONE PROCEED-
ING A MOTION TO VACATE JUDGMENTS IMPOSED BY DISTINCT OR MULTIPLE CRIMI-
NAL COURTS; OR
§ 3. Subdivision 6 of section 440.10 of the criminal procedure law, as
amended by chapter 131 of the laws of 2019, is amended to read as
follows:
6. If the court grants a motion under paragraph (i) or paragraph (k)
of subdivision one of this section, it must vacate the judgment and
dismiss the accusatory instrument, and may take such additional action
as is appropriate in the circumstances. IN THE CASE OF A MOTION GRANTED
UNDER PARAGRAPH (I) OF SUBDIVISION ONE OF THIS SECTION, THE COURT MUST
VACATE THE JUDGMENT ON THE MERITS BECAUSE THE DEFENDANT'S PARTICIPATION
IN THE OFFENSE WAS A RESULT OF HAVING BEEN A VICTIM OF TRAFFICKING.
§ 4. This act shall take effect immediately; provided that subpara-
graph (ii) of paragraph (i) of subdivision 1 of section 440.10 of the
criminal procedure law, as added by section two of this act, shall take
effect on the sixtieth day after it shall have become a law.