senate Bill S6185A

2021-2022 Legislative Session

Relates to the definition of designated offender

download bill text pdf

Sponsored By

Current Bill Status Via A118 - Passed Senate & Assembly


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

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Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 10, 2021 returned to assembly
passed senate
3rd reading cal.1746
substituted for s6185a
Jun 10, 2021 substituted by a118b
ordered to third reading cal.1746
committee discharged and committed to rules
May 25, 2021 print number 6185a
May 25, 2021 amend (t) and recommit to internet and technology
Apr 13, 2021 referred to internet and technology

S6185 - Details

See Assembly Version of this Bill:
A118
Law Section:
Executive Law
Laws Affected:
Amd §995, Exec L
Versions Introduced in Other Legislative Sessions:
2015-2016: S7069, A9306
2017-2018: S5145, A1030
2019-2020: S3370, A459

S6185 - Summary

Specifies that a person convicted of prostitution, or a person whose participation in the offense is determined by a court to be a result of having been a victim of sex trafficking is excluded from the definition of designated offender.

S6185 - Sponsor Memo

S6185 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6185
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 13, 2021
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Internet and Technology
 
 AN ACT to amend the executive law and the  criminal  procedure  law,  in
   relation to the definition of designated offender
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 7 of section  995  of  the  executive  law,  as
 amended  by  chapter  19  of  the  laws  of  2012, is amended to read as
 follows:
   7. "Designated offender"  means  a  person  convicted  of  any  felony
 defined  in  any  chapter  of  the  laws of the state or any misdemeanor
 defined in the penal law except: (A) that where the person is  convicted
 under  section  221.10  of  the penal law, only a person convicted under
 subdivision two of such section, or a person convicted under subdivision
 one of such section who stands previously  convicted  of  any  crime  as
 defined  in  subdivision  six  of section 10.00 of the penal law[.]; AND
 (B)(I) A PERSON CONVICTED OF LOITERING FOR THE PURPOSE  OF  ENGAGING  IN
 PROSTITUTION  UNDER  SUBDIVISION TWO OF SECTION 240.37 OF THE PENAL LAW,
 (II) A PERSON CONVICTED OF PROSTITUTION  UNDER  SECTION  230.00  OF  THE
 PENAL  LAW,  OR  (III)  A  PERSON  WHOSE PARTICIPATION IN THE OFFENSE IS
 DETERMINED BY A COURT TO HAVE BEEN 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,  OR  TRAFFICKING  IN
 PERSONS  UNDER  THE  TRAFFICKING  VICTIMS  PROTECTION ACT (UNITED STATES
 CODE, TITLE 22, CHAPTER 78).
   § 2. Subdivision 2 of section 420.35 of the criminal procedure law, as
 amended by chapter 144 of the laws  of  2020,  is  amended  to  read  as
 follows:
   2. Except as provided in this subdivision or subdivision two-a of this
 section,  under  no  circumstances  shall  the  mandatory surcharge, sex
 offender registration fee, DNA databank fee or the crime victim  assist-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

S6185A (ACTIVE) - Details

See Assembly Version of this Bill:
A118
Law Section:
Executive Law
Laws Affected:
Amd §995, Exec L
Versions Introduced in Other Legislative Sessions:
2015-2016: S7069, A9306
2017-2018: S5145, A1030
2019-2020: S3370, A459

S6185A (ACTIVE) - Summary

Specifies that a person convicted of prostitution, or a person whose participation in the offense is determined by a court to be a result of having been a victim of sex trafficking is excluded from the definition of designated offender.

S6185A (ACTIVE) - Sponsor Memo

S6185A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6185--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 13, 2021
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Internet and Technology --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 AN  ACT  to  amend  the  executive law, in relation to the definition of
   designated offender

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  7  of  section  995 of the executive law, as
 amended by chapter 92 of the  laws  of  2021,  is  amended  to  read  as
 follows:
   7.  "Designated  offender"  means  a  person  convicted  of any felony
 defined in any chapter of the laws  of  the  state  or  any  misdemeanor
 defined  in the penal law EXCEPT: (A) A PERSON CONVICTED OF PROSTITUTION
 UNDER SECTION 230.00 OF THE PENAL LAW, OR (B)  A  PERSON  WHOSE  PARTIC-
 IPATION IN THE OFFENSE IS DETERMINED BY A COURT TO HAVE BEEN 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,  OR  TRAFFICKING  IN  PERSONS  UNDER THE TRAFFICKING VICTIMS
 PROTECTION ACT (UNITED STATES CODE, TITLE 22, CHAPTER 78).
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02024-05-1


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