NY State Senate Bill S674

Archive: Last Bill Status Via A459 - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

Your Voice

Please enter your contact information

First Name *

Last Name *

Email Address *

A valid email address is required.

Home address search or enter your address manually *

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.

Leave this field blank

Actions

view actions (11)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 16, 2021	signed chap.629 delivered to governor
May 25, 2021	returned to assembly passed senate 3rd reading cal.385 substituted for s674
May 25, 2021	substituted by a459
Feb 24, 2021	advanced to third reading
Feb 23, 2021	2nd report cal.
Feb 22, 2021	1st report cal.385
Jan 06, 2021	referred to codes

Votes

Co-Sponsors

view additional co-sponsors

S674 (ACTIVE) - Details

See Assembly Version of this Bill:: A459
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §440.10, CP L
Versions Introduced in 2019-2020 Legislative Session:: S4981, A6983

S674 (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.

S674 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S674

SPONSOR: RAMOS
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to vacating
convictions for offenses resulting from sex trafficking, labor traffick-
ing and compelling prostitution

 
PURPOSE OR GENERAL IDEA OF BILL:

To strengthen protections for 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.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 sets forth legislative intent to expand to other offenses New
York's existing law that offers vacatur of convictions for prostitu-
tion-related offenses that were a result of being a victim of traffick-

ing.

Section 2 amends CPL § 440.10(1)(i) to allow vacating of a conviction
where the offense was a result of sex trafficking, labor trafficking,
compelling prostitution and trafficking in persons. It amends CPL §
440.10(1)(i)(i) to remove language that limits such a motion to defend-
ants who are no longer victims of trafficking or have already sought
victim services. CPL § 440.10 (1)(i)(ii) is renumbered as CPL § 440.10
(1)(i)(i) and amended to include documentation with regard to sex traf-
ficking, labor trafficking and aggravated labor trafficking as addi-
tional grounds for a presumption that a victim was a victim of traffick-
ing. It amends CPL § 440.10(1)(i)(ii) to provide confidentiality for
motions to vacate a judgement, and adds a new CPL § 440.10(1) (iii) to
allow consolidation of proceedings in multiple courts.

Section 3 amends CPL § 440.10 (6) to require that judgments be vacated
on the merits because the defendant's participation in the offense was a
result of having been a victim of trafficking.

Section 4 provides an immediate effective date, except that new subpara-
graph (ii) takes effect 60 days after enactment into law.

 
JUSTIFICATION:

In 2010, New York State passed an historic law allowing victims of human
trafficking to vacate prostitution-related criminal convictions that
were directly tied to their victimization. The law recognized that these
convictions should be vacated because the conviction itself was unjust.
Victims of human trafficking were allowed a second chance at life, free
from the criminal records forced upon them by their traffickers. Twenty
seven states have since followed New York's example with similar laws.

Several states have now gone beyond New York's law, to make this relief
available not just for prostitution-related offenses but for all
offenses related to the trafficking. This bill follows that example.
Trafficking victims may be arrested and prosecuted for a variety of
offenses resulting from trafficking. A common example is possessing

false documents, usually at the direction of their trafficker, who has
confiscated their true documents as part of the exerted coercion.

The CPL is further amended to protect the confidentiality of information
contained in motions brought under the statute. This explicit and manda-
tory protection is necessary to meet the legislation's goals of severing
victims of human trafficking from their traumatic past, and to ensure
that victims of human trafficking will not be endangered by the process
of vacating their convictions. Courts may also take other action, such
as offering a closed courtroom for court appearances.

The bill emphasizes that these convictions should be vacated because of
the circumstances of the offenses and convictions, not because of a
victim's post-conviction circumstances.

 
PRIOR LEGISLATIVE HISTORY:

2016:A.10353- Referred to Codes

2017:A4540 -Passed Assembly/Senate Rules

2018:A4540 -Passed Assembly/Senate Rules

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided that subparagraph (ii)
of paragraph (i) of subdivision I 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.

S674 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    674
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be committed 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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

 S. 674                              2
 
 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.

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.

The New York State Senate

senate Bill S674

Sponsored By

Archive: Last Bill Status Via A459 - Signed by Governor

Your Voice

Actions

Votes

May 25, 2021 - floor Vote

Floor Vote: May 25, 2021

Feb 22, 2021 - Codes committee Vote

Codes Committee Vote: Feb 22, 2021

Co-Sponsors

S674 (ACTIVE) - Details

S674 (ACTIVE) - Summary

S674 (ACTIVE) - Sponsor Memo

S674 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S674

Share this bill

Sponsored By

Archive: Last Bill Status Via A459 - Signed by Governor

Your Voice

Actions

Votes

May 25, 2021 - floor Vote

Floor Vote: May 25, 2021

Feb 22, 2021 - Codes committee Vote

Codes Committee Vote: Feb 22, 2021

Co-Sponsors

S674 (ACTIVE) - Details

S674 (ACTIVE) - Summary

S674 (ACTIVE) - Sponsor Memo

S674 (ACTIVE) - Bill Text download pdf

Comments