senate Bill S3370A

2019-2020 Legislative Session

Relates to the definition of designated offender

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Sponsored By

Current Bill Status - In Senate Committee Codes Committee


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

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 20, 2019 print number 3370a
Mar 20, 2019 amend and recommit to codes
Mar 12, 2019 reported and committed to codes
Feb 06, 2019 referred to internet and technology

Votes

view votes

Mar 12, 2019 - Internet and Technology committee Vote

S3370
7
0
committee
7
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Mar 12, 2019

S3370 (ACTIVE) - Details

See Assembly Version of this Bill:
A459
Current Committee:
Senate Codes
Law Section:
Executive Law
Laws Affected:
Amd §995, Exec L; amd §420.35, CP L
Versions Introduced in Other Legislative Sessions:
2015-2016: S7069, A9306
2017-2018: S5145, A1030

S3370 (ACTIVE) - Summary

Specifies that a person convicted of loitering for the purpose of engaging in prostitution, a person convicted of prostitution, or a person whose participation in the offense is determined by a court to be a result of having been a victim of sex trafficking is excluded from the definition of designated offender.

S3370 (ACTIVE) - Sponsor Memo

S3370 (ACTIVE) - Bill Text download pdf


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

                                  3370

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 6, 2019
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Internet and Technology

AN ACT to amend the executive law and the  criminal  procedure  law,  in
  relation to the definition of designated offender

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 7 of section  995  of  the  executive  law,  as
amended  by  chapter  19  of  the  laws  of  2012, is amended to read as
follows:
  7. "Designated offender"  means  a  person  convicted  of  any  felony
defined  in  any  chapter  of  the  laws of the state or any misdemeanor
defined in the penal law except: (A) that where the person is  convicted
under  section  221.10  of  the penal law, only a person convicted under
subdivision two of such section, or a person convicted under subdivision
one of such section who stands previously  convicted  of  any  crime  as
defined  in  subdivision  six  of section 10.00 of the penal law[.]; AND
(B)(I) A PERSON CONVICTED OF LOITERING FOR THE PURPOSE  OF  ENGAGING  IN
PROSTITUTION  UNDER  SUBDIVISION TWO OF SECTION 240.37 OF THE PENAL LAW,
(II) A PERSON CONVICTED OF PROSTITUTION  UNDER  SECTION  230.00  OF  THE
PENAL  LAW,  OR  (III)  A  PERSON  WHOSE PARTICIPATION IN THE OFFENSE IS
DETERMINED BY A COURT TO HAVE BEEN A RESULT OF HAVING BEEN A  VICTIM  OF
SEX  TRAFFICKING UNDER SECTION 230.34 OF THE PENAL LAW OR TRAFFICKING IN
PERSONS UNDER THE TRAFFICKING  VICTIMS  PROTECTION  ACT  (UNITED  STATES
CODE, TITLE 22, CHAPTER 78).
  § 2. Subdivision 2 of section 420.35 of the criminal procedure law, as
amended  by  chapter  189  of  the  laws  of 2018, is amended to read as
follows:
  2. Under no circumstances shall the mandatory surcharge, sex  offender
registration fee, DNA databank fee or the crime victim assistance fee be
waived  provided,  however,  that  a  court  may  waive the crime victim
assistance fee if such defendant is an  eligible  youth  as  defined  in

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

S3370A (ACTIVE) - Details

See Assembly Version of this Bill:
A459
Current Committee:
Senate Codes
Law Section:
Executive Law
Laws Affected:
Amd §995, Exec L; amd §420.35, CP L
Versions Introduced in Other Legislative Sessions:
2015-2016: S7069, A9306
2017-2018: S5145, A1030

S3370A (ACTIVE) - Summary

Specifies that a person convicted of loitering for the purpose of engaging in prostitution, a person convicted of prostitution, or a person whose participation in the offense is determined by a court to be a result of having been a victim of sex trafficking is excluded from the definition of designated offender.

S3370A (ACTIVE) - Sponsor Memo

S3370A (ACTIVE) - Bill Text download pdf


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

                                 3370--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 6, 2019
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Internet and Technology --
  reported favorably from said committee and committed to the  Committee
  on  Codes  -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the executive law and the  criminal  procedure  law,  in
  relation to the definition of designated offender

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 7 of section  995  of  the  executive  law,  as
amended  by  chapter  19  of  the  laws  of  2012, is amended to read as
follows:
  7. "Designated offender"  means  a  person  convicted  of  any  felony
defined  in  any  chapter  of  the  laws of the state or any misdemeanor
defined in the penal law except: (A) that where the person is  convicted
under  section  221.10  of  the penal law, only a person convicted under
subdivision two of such section, or a person convicted under subdivision
one of such section who stands previously  convicted  of  any  crime  as
defined  in  subdivision  six  of section 10.00 of the penal law[.]; AND
(B)(I) A PERSON CONVICTED OF LOITERING FOR THE PURPOSE  OF  ENGAGING  IN
PROSTITUTION  UNDER  SUBDIVISION TWO OF SECTION 240.37 OF THE PENAL LAW,
(II) A PERSON CONVICTED OF PROSTITUTION  UNDER  SECTION  230.00  OF  THE
PENAL  LAW,  OR  (III)  A  PERSON  WHOSE PARTICIPATION IN THE OFFENSE IS
DETERMINED BY A COURT TO HAVE BEEN 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,  OR  TRAFFICKING  IN
PERSONS  UNDER  THE  TRAFFICKING  VICTIMS  PROTECTION ACT (UNITED STATES
CODE, TITLE 22, CHAPTER 78).
  § 2. Subdivision 2 of section 420.35 of the criminal procedure law, as
amended by chapter 189 of the laws  of  2018,  is  amended  to  read  as
follows:

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

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