NY State Senate Bill 2021-S2233A

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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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to codes
Mar 25, 2021	print number 2233a
Mar 25, 2021	amend and recommit to codes
Jan 20, 2021	referred to codes

Bill Amendments

Original

A (Active)

2021-S2233 - Details

See Assembly Version of this Bill:: A255
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §230.45, Pen L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8927, A8869
2023-2024: S1966, A7471
2025-2026: S3967, A1029

2021-S2233 - Summary

Provides immunity from prosecution for certain individuals engaged in prostitution who are victims of or witnesses to a crime and who report such crime or assist in the investigation or prosecution.

2021-S2233 - Sponsor Memo

                                
 
BILL NUMBER: S2233

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

An act to amend the penal law, in relation to individuals engaged in
prostitution who are victims of or witnesses to a crime

 
PURPOSE OR GENERAL IDEA OF BILL:

To encourage sex workers who are crime victims and witnesses to seek
help without fear of being prosecuted for prostitution.

 
SUMMARY OF PROVISIONS:

Section 1 creates a new Penal Law § 230.45 to provide immunity from
prosecution under § 230.00 (prostitution), § 230.03 (prostitution in a
school zone), and § 240.37 (loitering for purposes of prostitution) to
victims of and witnesses to crimes under the following circumstances:
when the victim or witness reports the crime to a law enforcement agen-
cy, seeks or receives health care services, or aids in the investigation

of the crime.

Section 2 is the effective date.

 
JUSTIFICATION:

As a result of our laws, sex workers work in an inherently criminal
environment in which they are often targeted for violence. They often do
not report violent crimes or seek medical attention because they fear
that they would be prosecuted for prostitution. Attackers exploit this
fear and commit heinous crimes with impunity, solely because of the
nature of their victims' work.

This bill protects a victim or witness to a crime from prosecution for
prostitution, prostitution in a school zone, or loitering for the
purpose of engaging in a prostitution offense when they seek help. The
concept is similar to the "Good Samaritan" law we enacted in 2011 to
protect people who seek help for someone suffering an overdose. We all
deserve the right to seek safety and health care services. It is in the
public interest to encourage victims and witnesses to come forward and
aid law enforcement. This bill will help deter violent crime and protect
vulnerable New Yorkers.

 
PRIOR LEGISLATIVE HISTORY:

S.8927 of 2020; Referred to Rules

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
60 days after it shall have become a law.

2021-S2233 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2233
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2021
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN  ACT  to  amend  the penal law, in relation to individuals engaged in
   prostitution who are victims of or witnesses to a crime
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The penal law is amended by adding a new section 230.45 to
 read as follows:
 § 230.45 IMMUNITY FROM PROSECUTION.
   THIS SECTION APPLIES WHERE A PERSON IS THE VICTIM OF OR A WITNESS TO A
 CRIME (INCLUDING AN INDIVIDUAL WHO BECOMES AWARE THAT ANOTHER PERSON  IS
 A  VICTIM  OF A CRIME), AND HAS ENGAGED OR IS ALLEGED TO HAVE ENGAGED IN
 AN ACT PROHIBITED UNDER SECTION 230.00, 230.03, OR 240.37 OF THIS  CHAP-
 TER  AT  OR  IN  REASONABLE  PROXIMITY TO THE TIME OF THE CRIME OR UNDER
 CIRCUMSTANCES REASONABLY RELATED TO THE CRIME, AND, IN GOOD  FAITH,  (A)
 REPORTS  THE  CRIME  TO  A CRIMINAL LAW ENFORCEMENT AGENCY, (B) SEEKS OR
 RECEIVES HEALTH CARE SERVICES AS A RESULT OF THE CRIME, OR  (C)  ASSISTS
 OR  ATTEMPTS TO ASSIST IN THE INVESTIGATION OR PROSECUTION OF THE CRIME.
 NO SUCH VICTIM OR WITNESS TO THE CRIME SHALL BE  CHARGED  OR  PROSECUTED
 FOR THE OFFENSE UNDER SECTION 230.00, 230.03, OR 240.37 OF THIS CHAPTER.
 AS  USED  IN  THIS SECTION, "CRIME" SHALL INCLUDE AN ACT THAT REASONABLY
 APPEARS TO BE A CRIME, REGARDLESS OF WHETHER IT RESULTS IN A  CONVICTION
 AS A CRIME.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law, and shall apply to  any  prosecution  pending  on  or
 after the time it shall take effect.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00486-01-1

co-Sponsors

2021-S2233A (ACTIVE) - Details

See Assembly Version of this Bill:: A255
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §230.45, Pen L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8927, A8869
2023-2024: S1966, A7471
2025-2026: S3967, A1029

2021-S2233A (ACTIVE) - Summary

Provides immunity from prosecution for certain individuals engaged in prostitution who are victims of or witnesses to a crime and who report such crime or assist in the investigation or prosecution.

2021-S2233A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2233A

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

An act to amend the penal law, in relation to individuals engaged in
prostitution who are victims of or witnesses to a crime

 
PURPOSE OR GENERAL IDEA OF BILL:

To encourage sex workers who are crime victims and witnesses to seek
help without fear of being prosecuted for prostitution.

 
SUMMARY OF PROVISIONS:

Section 1 creates a new Penal Law § 230.45 to provide immunity from
prosecution under § 230.00 (prostitution), § 230.03 (prostitution in a
school zone), and § 230.40 (permitting prostitution) to victims of and
witnesses to crimes under the following circumstances: when the victim
or witness reports the crime to a law enforcement agency, seeks or
receives health care services, or aids in the investigation of the

crime.

Section 2 is the effective date, 60 days after it becomes a law.

 
JUSTIFICATION:

Because of our laws, sex workers work in an inherently criminal environ-
ment in which they are often targeted for violence. They often don't
report violent crimes or seek medical attention because they fear being
prosecuted for prostitution. Attackers exploit this fear and commit
heinous crimes with impunity, solely because of the nature of their
victims' work.

This bill protects a victim or witness to a crime from prosecution for
prostitution, prostitution in a school zone, or permitting prostitution
(which is what a roommate would be charged with) when they seek help.
The concept is similar to the so-called "Good Samaritan" law we enacted
in 2011 to protect people who seek help for someone suffering an over-
dose.

We all deserve the right to seek safety and health care services. It is
in the public interest to encourage victims and witnesses to come
forward and aid law enforcement. This bill will help deter violent crime
and protect vulnerable New Yorkers.

 
PRIOR LEGISLATIVE HISTORY:;

2019-2020: A.8869 referred to Rules committee

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect 60 days after it shall have become a law, and
shall apply to any prosecution pending on or after the time it shall
take effect.

2021-S2233A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2233--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2021
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
   printed  to  be  committed  to  the  Committee  on  Codes -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the penal law, in relation  to  individuals  engaged  in
   prostitution who are victims of or witnesses to a crime
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The penal law is amended by adding a new section 230.45  to
 read as follows:
 § 230.45 IMMUNITY FROM PROSECUTION.
   THIS SECTION APPLIES WHERE A PERSON IS THE VICTIM OF OR A WITNESS TO A
 CRIME  (INCLUDING AN INDIVIDUAL WHO BECOMES AWARE THAT ANOTHER PERSON IS
 A VICTIM OF A CRIME), AND HAS ENGAGED OR IS ALLEGED TO HAVE  ENGAGED  IN
 AN  ACT PROHIBITED UNDER SECTION 230.00, 230.03, OR 230.40 OF THIS CHAP-
 TER AT OR IN REASONABLE PROXIMITY TO THE TIME  OF  THE  CRIME  OR  UNDER
 CIRCUMSTANCES  REASONABLY  RELATED TO THE CRIME, AND, IN GOOD FAITH, (A)
 REPORTS THE CRIME TO A CRIMINAL LAW ENFORCEMENT  AGENCY,  (B)  SEEKS  OR
 RECEIVES  HEALTH  CARE SERVICES AS A RESULT OF THE CRIME, OR (C) ASSISTS
 OR ATTEMPTS TO ASSIST IN THE INVESTIGATION OR PROSECUTION OF THE  CRIME.
 NO  SUCH  VICTIM  OR WITNESS TO THE CRIME SHALL BE CHARGED OR PROSECUTED
 FOR THE OFFENSE UNDER SECTION 230.00, 230.03, OR 230.40 OF THIS CHAPTER.
 AS USED IN THIS SECTION, "CRIME" SHALL INCLUDE AN  ACT  THAT  REASONABLY
 APPEARS  TO BE A CRIME, REGARDLESS OF WHETHER IT RESULTS IN A CONVICTION
 AS A CRIME.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have  become  a  law,  and  shall apply to any prosecution pending on or
 after the time it shall take effect.
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00486-03-1

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Find your Senator and share your views on important issues.

Do you support this bill?

Senate Bill S2233A

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

Bill Amendments

2021-S2233 - Details

2021-S2233 - Summary

2021-S2233 - Sponsor Memo

2021-S2233 - Bill Text download pdf

co-Sponsors

2021-S2233A (ACTIVE) - Details

2021-S2233A (ACTIVE) - Summary

2021-S2233A (ACTIVE) - Sponsor Memo

2021-S2233A (ACTIVE) - Bill Text download pdf

Comments

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Senate Bill S2233A

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Sponsored By

Luis R. Sepúlveda

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

Bill Amendments

2021-S2233 - Details

2021-S2233 - Summary

2021-S2233 - Sponsor Memo

2021-S2233 - Bill Text download pdf

co-Sponsors

Cordell Cleare

Robert Jackson

Zellnor Myrie

Gustavo Rivera

2021-S2233A (ACTIVE) - Details

2021-S2233A (ACTIVE) - Summary

2021-S2233A (ACTIVE) - Sponsor Memo

2021-S2233A (ACTIVE) - Bill Text download pdf

Comments