Assembly Actions -
Senate Actions - UPPERCASE
|Jan 08, 2020
referred to codes
|Feb 04, 2019
referred to codes
Senate Bill S3181
2019-2020 Legislative Session
Archive: Last Bill Status - In Senate Committee Codes Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2019-S3181 (ACTIVE) - Details
2019-S3181 (ACTIVE) - Sponsor Memo
BILL NUMBER: S3181 SPONSOR: LANZA TITLE OF BILL: An act to amend the criminal procedure law, in relation to vacating convictions for offenses resulting from sex trafficking, labor traffick- ing and compelling prostitution PURPOSE OR GENERAL IDEA OF BILL: To strengthen protections for 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. SUMMARY OF SPECIFIC PROVISIONS: Section 1 sets forth legislative intent, stressing that granting relief would be based on consideration of the circumstances and the interest of justice.
2019-S3181 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3181 2019-2020 Regular Sessions I N S E N A T E February 4, 2019 ___________ Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed 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.
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