assembly Bill A459

Signed By Governor
2021-2022 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 - Signed by Governor


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

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Actions

view actions (12)
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 05, 2021 referred to codes
delivered to senate
passed assembly
Jan 21, 2021 advanced to third reading cal.35
Jan 20, 2021 reported
Jan 06, 2021 referred to codes

Co-Sponsors

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A459 (ACTIVE) - Details

See Senate Version of this Bill:
S674
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §440.10, CP L
Versions Introduced in 2019-2020 Legislative Session:
A6983, S4981

A459 (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.

A459 (ACTIVE) - Bill Text download pdf

 
                     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