The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    459
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of A. GOTTFRIED, PAULIN, NIOU, FAHY, HEVESI, SAYEGH,
   L. ROSENTHAL, KIM, QUART, EPSTEIN, AUBRY, WALKER, CRUZ, STECK,  PERRY,
   DICKENS,  HUNTER,  REYES,  COOK,  SIMON,  DARLING, WALCZYK, J. RIVERA,
   SEAWRIGHT, FERNANDEZ, GLICK, O'DONNELL, CARROLL, TAYLOR, BRONSON, OTIS
   -- 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 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:
   (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

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

                       [ ] is old law to be omitted.
                                                            LBD00354-01-1

 A. 459                              2

 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
 section  230.34-a  of  the  penal  law,  labor trafficking under section
 135.35 of the penal law,  aggravated  labor  trafficking  under  section
 135.37 of the penal law, compelling prostitution under section 230.33 of
 the  penal  law, or trafficking in persons under the Trafficking Victims
 Protection Act (United States Code, title 22, chapter 78); provided that
   (i) [a motion under this paragraph shall be made with  due  diligence,
 after  the  defendant  has  ceased to be a victim of such trafficking or
 compelling prostitution crime or has sought services for victims of such
 trafficking or compelling  prostitution  crime,  subject  to  reasonable
 concerns  for the safety of the defendant, family members of the defend-
 ant, or other victims of such  trafficking  or  compelling  prostitution
 crime  that  may  be  jeopardized by the bringing of such motion, or for
 other reasons consistent with the purpose of this paragraph; and
   (ii)] official documentation of the defendant's status as a victim  of
 SEX   trafficking,  LABOR  TRAFFICKING,  AGGRAVATED  LABOR  TRAFFICKING,
 compelling prostitution, or trafficking in persons at the  time  of  the
 offense  from a federal, state or local government agency shall create a
 presumption that the defendant's participation  in  the  offense  was  a
 result  of  having  been a victim of sex trafficking, LABOR TRAFFICKING,
 AGGRAVATED LABOR TRAFFICKING, compelling prostitution or trafficking  in
 persons,  but  shall  not  be  required for granting a motion under this
 paragraph;
   (II) A MOTION UNDER THIS PARAGRAPH, AND ALL PERTINENT PAPERS AND DOCU-
 MENTS, SHALL BE CONFIDENTIAL AND MAY NOT BE MADE AVAILABLE TO ANY PERSON
 OR PUBLIC OR PRIVATE ENTITY EXCEPT WHERE SPECIFICALLY AUTHORIZED BY  THE
 COURT; AND
   (III) WHEN A MOTION IS FILED UNDER THIS PARAGRAPH, THE COURT MAY, UPON
 THE  CONSENT OF THE PETITIONER AND ALL OF THE STATE AND LOCAL PROSECUTO-
 RIAL AGENCIES THAT PROSECUTED EACH MATTER, CONSOLIDATE INTO ONE PROCEED-
 ING A MOTION TO VACATE JUDGMENTS IMPOSED BY DISTINCT OR MULTIPLE  CRIMI-
 NAL COURTS; OR
   § 3. Subdivision 6 of section 440.10 of the criminal procedure law, as
 amended  by  chapter  131  of  the  laws  of 2019, is amended to read as
 follows:
   6. If the court grants a motion under paragraph (i) or  paragraph  (k)
 of  subdivision  one  of  this  section, it must vacate the judgment and
 dismiss the accusatory instrument, and may take such  additional  action
 as  is appropriate in the circumstances. IN THE CASE OF A MOTION GRANTED
 UNDER PARAGRAPH (I) OF SUBDIVISION ONE OF THIS SECTION, THE  COURT  MUST
 VACATE  THE JUDGMENT ON THE MERITS BECAUSE THE DEFENDANT'S PARTICIPATION
 IN THE OFFENSE WAS A RESULT OF HAVING BEEN A VICTIM OF TRAFFICKING.
   § 4. This act shall take effect immediately;  provided  that  subpara-
 graph  (ii)  of  paragraph (i) of subdivision 1 of section 440.10 of the
 criminal procedure law, as added by section two of this act, shall  take
 effect on the sixtieth day after it shall have become a law.