Senate Bill S3040

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3040
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2025
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- 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  the  former
   crime  of  loitering  for  the  purpose  of engaging in a prostitution
   offense  and  expunging  criminal  records  for   persons   previously
   convicted of such crime
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 160.50 of the criminal procedure law is amended  by
 adding a new subdivision 6 to read as follows:
   6.  (A) A CONVICTION FOR AN OFFENSE DESCRIBED IN FORMER SECTION 240.37
 OF THE PENAL LAW AS SUCH SECTION WAS IN EFFECT ON  FEBRUARY  FIRST,  TWO
 THOUSAND  TWENTY-ONE  SHALL,  ON  AND  AFTER  THE EFFECTIVE DATE OF THIS
 SUBDIVISION, IN ACCORDANCE WITH THE PROVISIONS  OF  THIS  PARAGRAPH,  BE
 VACATED AND DISMISSED, AND ALL RECORDS OF SUCH CONVICTION OR CONVICTIONS
 AND  RELATED  TO  SUCH  CONVICTION  OR CONVICTIONS SHALL BE EXPUNGED, AS
 DESCRIBED IN SUBDIVISION FORTY-FIVE OF SECTION 1.20 OF THIS CHAPTER, AND
 THE MATTER SHALL BE CONSIDERED TERMINATED IN FAVOR OF  THE  ACCUSED  AND
 DEEMED  A NULLITY, HAVING BEEN RENDERED BY THIS PARAGRAPH LEGALLY INVAL-
 ID. ALL SUCH RECORDS FOR AN OFFENSE DESCRIBED IN  THIS  PARAGRAPH  WHERE
 THE  CONVICTION WAS ENTERED ON OR BEFORE THE EFFECTIVE DATE OF THE CHAP-
 TER OF THE LAWS OF TWO THOUSAND TWENTY-FIVE THAT ADDED THIS  SUBDIVISION
 SHALL  BE  EXPUNGED  PROMPTLY  AND, IN ANY EVENT, NO LATER THAN ONE YEAR
 AFTER SUCH EFFECTIVE DATE.
   (B) COMMENCING UPON THE EFFECTIVE DATE OF THIS SUBDIVISION:
   (I) THE CHIEF ADMINISTRATOR OF THE COURTS SHALL  PROMPTLY  NOTIFY  THE
 COMMISSIONER  OF THE DIVISION OF CRIMINAL JUSTICE SERVICES AND THE HEADS
 OF ALL APPROPRIATE POLICE DEPARTMENTS, DISTRICT ATTORNEY'S  OFFICES  AND
 OTHER LAW ENFORCEMENT AGENCIES OF ALL CONVICTIONS THAT HAVE BEEN VACATED
 AND DISMISSED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION AND THAT ALL
 RECORDS  RELATED  TO  SUCH  CONVICTIONS SHALL BE EXPUNGED AND THE MATTER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02100-01-5
              

 S. 3040                             2
 
 SHALL BE CONSIDERED TERMINATED IN FAVOR OF  THE  ACCUSED  AND  DEEMED  A
 NULLITY,  HAVING BEEN RENDERED LEGALLY  INVALID. UPON RECEIPT OF NOTIFI-
 CATION OF SUCH VACATUR, DISMISSAL AND EXPUNGEMENT, ALL  RECORDS RELATING
 TO SUCH CONVICTION OR CONVICTIONS, OR THE CRIMINAL ACTION OR PROCEEDING,
 AS  THE  CASE MAY BE, SHALL BE MARKED AS EXPUNGED BY CONSPICUOUSLY INDI-
 CATING ON THE FACE OF THE RECORD AND ON EACH PAGE OR AT THE BEGINNING OF
 THE DIGITIZED FILE OF THE RECORD THAT THE RECORD HAS BEEN DESIGNATED  AS
 EXPUNGED. UPON THE WRITTEN REQUEST OF THE INDIVIDUAL WHOSE CASE HAS BEEN
 EXPUNGED  OR  THEIR  DESIGNATED  AGENT, SUCH RECORDS SHALL BE DESTROYED.
 SUCH RECORDS AND PAPERS SHALL NOT  BE  MADE  AVAILABLE  TO  ANY  PERSON,
 EXCEPT  THE  INDIVIDUAL  WHOSE  CASE  HAS BEEN EXPUNGED OR SUCH PERSON'S
 DESIGNATED AGENT; AND
   (II) WHERE AUTOMATIC VACATUR, DISMISSAL,  AND  EXPUNGEMENT,  INCLUDING
 RECORD DESTRUCTION IF REQUESTED, IS REQUIRED BY THIS SUBDIVISION BUT ANY
 RECORD  OF  THE  COURT  SYSTEM IN THIS STATE HAS NOT YET BEEN UPDATED TO
 REFLECT SAME:
   (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW EXCEPT AS  PROVIDED  IN
 PARAGRAPH  (D)  OF  SUBDIVISION ONE OF THIS SECTION AND PARAGRAPH (E) OF
 SUBDIVISION FOUR OF SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE  EXECUTIVE
 LAW:
   (1)  WHEN  THE DIVISION OF CRIMINAL JUSTICE SERVICES CONDUCTS A SEARCH
 OF ITS CRIMINAL HISTORY RECORDS, MAINTAINED PURSUANT TO SUBDIVISION  SIX
 OF  SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE EXECUTIVE LAW, AND RETURNS
 A REPORT  THEREON,  ALL  REFERENCES  TO  A  CONVICTION  FOR  AN  OFFENSE
 DESCRIBED IN PARAGRAPH (K) OF SUBDIVISION THREE OF THIS SECTION SHALL BE
 EXCLUDED FROM SUCH REPORT; AND
   (2) THE CHIEF ADMINISTRATOR OF THE COURTS SHALL DEVELOP AND PROMULGATE
 RULES AS MAY BE NECESSARY TO ENSURE THAT NO WRITTEN OR ELECTRONIC REPORT
 OF  A  CRIMINAL  HISTORY  RECORD SEARCH CONDUCTED BY THE OFFICE OF COURT
 ADMINISTRATION CONTAINS INFORMATION RELATING  TO  A  CONVICTION  FOR  AN
 OFFENSE DESCRIBED IN PARAGRAPH (K) OF SUBDIVISION THREE OF THIS SECTION;
 AND
   (B)  WHERE  COURT RECORDS RELEVANT TO SUCH MATTER CANNOT BE LOCATED OR
 HAVE BEEN DESTROYED, AND A PERSON OR THE PERSON'S ATTORNEY  PRESENTS  TO
 AN APPROPRIATE COURT EMPLOYEE A FINGERPRINT RECORD OF THE NEW YORK STATE
 DIVISION  OF CRIMINAL JUSTICE SERVICES, OR A COPY OF A COURT DISPOSITION
 RECORD OR OTHER RELEVANT COURT RECORD, WHICH INDICATES THAT  A  CRIMINAL
 ACTION OR PROCEEDING AGAINST SUCH PERSON WAS TERMINATED BY CONVICTION OF
 AN  OFFENSE  DESCRIBED  IN  PARAGRAPH  (K)  OF SUBDIVISION THREE OF THIS
 SECTION, THEN PROMPTLY, AND IN ANY EVENT WITHIN THIRTY DAYS  AFTER  SUCH
 NOTICE  TO SUCH COURT EMPLOYEE, THE CHIEF ADMINISTRATOR OF THE COURTS OR
 SUCH CHIEF ADMINISTRATOR'S DESIGNEE  SHALL  ASSURE  THAT  SUCH  VACATUR,
 DISMISSAL,  AND  EXPUNGEMENT, INCLUDING RECORD DESTRUCTION IF REQUESTED,
 HAVE BEEN COMPLETED IN ACCORDANCE WITH SUBPARAGRAPH (I)  OF  THIS  PARA-
 GRAPH.
   (C)  VACATUR,  DISMISSAL AND EXPUNGEMENT AS SET FORTH IN THIS SUBDIVI-
 SION SHALL BE WITHOUT PREJUDICE TO ANY PERSON OR SUCH PERSON'S  ATTORNEY
 SEEKING  FURTHER  RELIEF  PURSUANT TO ARTICLE FOUR HUNDRED FORTY OF THIS
 CHAPTER OR ANY OTHER LAW. NOTHING IN THIS SECTION IS INTENDED  OR  SHALL
 BE  INTERPRETED  TO  DIMINISH  OR ABROGATE ANY RIGHT OR REMEDY OTHERWISE
 AVAILABLE TO ANY PERSON.
   (D) THE OFFICE OF COURT ADMINISTRATION, IN CONJUNCTION WITH THE  DIVI-
 SION OF CRIMINAL JUSTICE SERVICES, SHALL DEVELOP AN AFFIRMATIVE INFORMA-
 TION CAMPAIGN AND WIDELY DISSEMINATE TO THE PUBLIC, THROUGH ITS WEBSITE,
 PUBLIC  SERVICE ANNOUNCEMENTS AND OTHER MEANS, IN MULTIPLE LANGUAGES AND
 THROUGH MULTIPLE OUTLETS, INFORMATION  CONCERNING  THE  EXPUNGEMENT  AND
 S. 3040                             3
 
 VACATUR OF LOITERING FOR THE PURPOSES OF PROSTITUTION CONVICTIONS ESTAB-
 LISHED BY THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-FIVE THAT ADDED
 THIS SUBDIVISION, INCLUDING, BUT  NOT LIMITED TO, THE AUTOMATIC EXPUNGE-
 MENT  OF CERTAIN PAST CONVICTIONS, THE MEANS BY WHICH  AN INDIVIDUAL MAY
 FILE A MOTION FOR VACATUR, DISMISSAL AND  EXPUNGEMENT  OF  CERTAIN  PAST
 CONVICTIONS,  AND  THE  IMPACT OF SUCH CHANGES ON SUCH PERSON'S CRIMINAL
 HISTORY RECORDS.
   § 2. The opening paragraph of subdivision 1, subdivision 2  and  para-
 graph  (a)  of subdivision 3 of section 170.80 of the criminal procedure
 law, the opening paragraph of subdivision 1 as amended by chapter 23  of
 the  laws  of  2021,  and  subdivision 2 as amended and paragraph (a) of
 subdivision 3 as added by chapter 402 of the laws of 2014,  are  amended
 to read as follows:
   Notwithstanding  any  other  provision of law, at any time at or after
 arraignment on a charge of prostitution pursuant to  section  230.00  of
 the  penal law, EXCEPT WHERE, after consultation with counsel, a knowing
 and voluntary plea of guilty has been entered to such charge, any  judge
 or  justice  hearing  any  stage  of  such case may, upon consent of the
 defendant after consultation with counsel:
   2. In the event of a conviction by plea or verdict to such  charge  or
 charges  of prostitution [or loitering for the purposes of prostitution]
 as described in subdivision one of this section,  the  court  must  find
 that  the  person  is a youthful offender for the purpose of such charge
 and proceed in accordance with article  seven  hundred  twenty  of  this
 chapter,  provided,  however,  that  the available sentence shall be the
 sentence that may be imposed for a violation as defined  in  subdivision
 three  of  section  10.00 of the penal law. In such case, the records of
 the investigation and proceedings  relating  to  such  charge  shall  be
 sealed in accordance with section 720.35 of this chapter.
   (a)  When  a  charge of prostitution [or loitering for the purposes of
 prostitution] has been conditionally converted to a person  in  need  of
 supervision  proceeding pursuant to subdivision one of this section, the
 defendant shall be deemed a "sexually exploited  child"  as  defined  in
 subdivision  one  of  section  four  hundred forty-seven-a of the social
 services law and therefore shall not be considered an adult for purposes
 related to the charges in the person in need of supervision  proceeding.
 Sections  seven  hundred  eighty-one,  seven  hundred  eighty-two, seven
 hundred eighty-two-a,  seven  hundred  eighty-three  and  seven  hundred
 eighty-four of the family court act shall apply to any proceeding condi-
 tionally converted under this section.
   §  3.  Subparagraph  (iv) of paragraph (k) of subdivision 3 of section
 160.50 of the criminal procedure law, as amended by chapter  92  of  the
 laws of 2021, is amended to read as follows:
   (iv)  the  conviction  was  for  an  offense defined in FORMER section
 240.37 of the penal law; or
   § 4. This act shall take effect immediately.