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

Archive: Last Bill Status - In Senate Committee Codes 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

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Bill Amendments

co-Sponsors

2019-S4981 - Details

See Assembly Version of this Bill:
A6983
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §440.10, CP L
Versions Introduced in 2021-2022 Legislative Session:
S674, A459

2019-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.

2019-S4981 - Sponsor Memo

2019-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

2019-S4981A - Details

See Assembly Version of this Bill:
A6983
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §440.10, CP L
Versions Introduced in 2021-2022 Legislative Session:
S674, A459

2019-S4981A - 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.

2019-S4981A - Sponsor Memo

2019-S4981A - 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
              

co-Sponsors

2019-S4981B (ACTIVE) - Details

See Assembly Version of this Bill:
A6983
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §440.10, CP L
Versions Introduced in 2021-2022 Legislative Session:
S674, A459

2019-S4981B (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.

2019-S4981B (ACTIVE) - Sponsor Memo

2019-S4981B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4981--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               April 3, 2019
                                ___________
 
 Introduced  by Sens. RAMOS, SALAZAR, BAILEY, CARLUCCI, COMRIE, GIANARIS,
   GOUNARDES, HOYLMAN, JACKSON, KRUEGER, LIU, MONTGOMERY, MYRIE,  PARKER,
   RIVERA,  SEPULVEDA, SERRANO, STAVISKY -- read twice and ordered print-
   ed, 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 -- recommitted to
   the Committee on Codes in accordance with Senate Rule  6,  sec.  8  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 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 and subparagraph (ii) of paragraph (i) of subdivision 1  as
 amended  by  chapter  131  of  the  laws  of 2019, is amended to read as
 follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03508-08-0
              

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