NY State Senate Bill S1966

Current Bill Status - In Senate Committee Codes Committee

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

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view actions (1)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 17, 2023	referred to codes

Co-Sponsors

S1966 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §230.45, Pen L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8927
2021-2022: S2233

S1966 (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.

S1966 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S1966

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:

S.2233 of 2022: Referred to Codes;

S.2233 of 2021: Amended and Recommitted to Codes;

S.8927 of 2019-20: Referred to Rules

 
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.

S1966 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1966
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2023
                                ___________
 
 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 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.
                                                            LBD05238-01-3

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The New York State Senate

senate Bill S1966

Sponsored By

Current Bill Status - In Senate Committee Codes Committee

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Co-Sponsors

S1966 (ACTIVE) - Details

S1966 (ACTIVE) - Summary

S1966 (ACTIVE) - Sponsor Memo

S1966 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S1966

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Sponsored By

Luis R. Sepúlveda

Current Bill Status - In Senate Committee Codes Committee

Your Voice

Actions

Co-Sponsors

Cordell Cleare

Zellnor Myrie

Gustavo Rivera

S1966 (ACTIVE) - Details

S1966 (ACTIVE) - Summary

S1966 (ACTIVE) - Sponsor Memo

S1966 (ACTIVE) - Bill Text download pdf

Comments