senate Bill S4981A

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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Sponsored By

Current Bill Status - In Senate Committee Rules 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 (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2019 committed to rules
May 29, 2019 amended on third reading 4981a
May 08, 2019 advanced to third reading
May 07, 2019 2nd report cal.
May 06, 2019 1st report cal.589
Apr 03, 2019 referred to codes

Votes

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May 6, 2019 - Codes committee Vote

S4981
7
4
committee
7
Aye
4
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: May 6, 2019

aye wr (2)

Co-Sponsors

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S4981 - Details

See Assembly Version of this Bill:
A6983
Current Committee:
Senate Rules
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §440.10, CP L

S4981 - Summary

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

S4981 - Sponsor Memo

S4981 - Bill Text download pdf


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

    S. 4981                                                  A. 6983

                       2019-2020 Regular Sessions

                      S E N A T E - A S S E M B L Y

                              April 3, 2019
                               ___________

IN SENATE -- Introduced by Sen. RAMOS -- read twice and ordered printed,
  and when printed to be committed to the Committee on Codes

IN  ASSEMBLY  --  Introduced  by M. of A. GOTTFRIED, PAULIN, NIOU, FAHY,
  HEVESI, SAYEGH, L. ROSENTHAL, SIMOTAS -- Multi-Sponsored by --  M.  of
  A. DenDEKKER -- 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.
  §  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

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

Co-Sponsors

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S4981A (ACTIVE) - Details

See Assembly Version of this Bill:
A6983
Current Committee:
Senate Rules
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §440.10, CP L

S4981A (ACTIVE) - Summary

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

S4981A (ACTIVE) - Sponsor Memo

S4981A (ACTIVE) - Bill Text download pdf


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

                                 4981--A
    Cal. No. 589

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              April 3, 2019
                               ___________

Introduced by Sens. RAMOS, SALAZAR, BAILEY, GOUNARDES, HOYLMAN, JACKSON,
  KRUEGER,  LIU, MONTGOMERY, RIVERA, SERRANO, STAVISKY -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Codes  -- reported favorably from said committee, ordered to first and
  second report,  ordered  to  a  third  reading,  amended  and  ordered
  reprinted, retaining its place in the order of third reading

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.
  §  2. Paragraph (i) of subdivision 1 of section 440.10 of the criminal
procedure law, as amended by section 3 of part OO of chapter 55  of  the
laws of 2019, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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