assembly Bill A982

2019-2020 Legislative Session

Relates to confidentiality of records in proceedings to vacate convictions for offenses resulting from sex trafficking, labor trafficking and compelling prostitution

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Current Bill Status - Stricken


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 06, 2019 enacting clause stricken
Jan 14, 2019 referred to codes

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A982 (ACTIVE) - Details

See Senate Version of this Bill:
S3181
Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §440.10, CP L
Versions Introduced in Other Legislative Sessions:
2015-2016: A10353
2017-2018: A4540, S4997

A982 (ACTIVE) - Summary

Provides for confidentiality of records in proceedings to vacate convictions for offenses resulting from sex trafficking, labor trafficking and compelling prostitution.

A982 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   982

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 14, 2019
                               ___________

Introduced  by  M.  of  A. GOTTFRIED, PAULIN, NIOU, FAHY, HEVESI -- 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.
  §  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, the  open-
ing  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

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