Senate Bill S3370A

2019-2020 Legislative Session

Relates to the definition of designated offender

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Internet And Technology Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions
Votes

Bill Amendments

2019-S3370 - Details

See Assembly Version of this Bill:
A459
Current Committee:
Senate Internet And Technology
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
2021-2022: S6185, A118

2019-S3370 - 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.

2019-S3370 - Sponsor Memo

2019-S3370 - 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.
              

2019-S3370A (ACTIVE) - Details

See Assembly Version of this Bill:
A459
Current Committee:
Senate Internet And Technology
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
2021-2022: S6185, A118

2019-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.

2019-S3370A (ACTIVE) - Sponsor Memo

2019-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.
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.