S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    937
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced  by  M.  of  A.  GOTTFRIED,  PAULIN,  D'URSO -- read once and
   referred to the Committee on Codes
 
 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,
 the opening paragraph as amended by chapter 189 of the laws of 2018,  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,  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

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

                                                            LBD03444-01-9

 A. 937                              2
 
 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.