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.