Senate Bill S5745

                                 
BILL NUMBER: S5745

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the penal law, in relation to making certain offenses
related to prostitution and sex trafficking felony sex offenses

 
PURPOSE OR GENERAL IDEA OF BILL:

To amend section 70.80 of the penal law to add second-degree promoting
prostitution, first-degree promoting prostitution,* compelling prostitu-
tion, sex trafficking, and sex trafficking of a child to the list of
crimes designated as "felony sex offenses" and thereby increasing the
maximum term. of post-release supervision which may be imposed on those
convicted of the crimes listed.

 
SUMMARY OF PROVISIONS:

Section one amends section 70.80 of the penal law to add promoting pros-
titution in the second degree, promoting prostitution in the first
degree, compelling prostitution, sex trafficking, and sex trafficking of
              

a child to the list of crimes designated as felony sex offenses.

Section two provides the effective date.

 
JUSTIFICATION:

Human trafficking is the'fastest growing criminal industry in the world.
Between 2008 and 2019, the number of identified human trafficking
victims worldwide more than quadrupled. In 2021, there were 404 identi-
fied cases of trafficking in New York with 639 victims involved in'the
cases. Of these cases, 310 reported sex trafficking.  and 20 reported a
combination of sex and labor trafficking. However, sex trafficking
crimes frequently go undetected and as a result are chronically underre-
ported, making it impossible to know the full magnitude of this issue in
New York.

In New York State, when a person is convicted of Certain sex traffick-
ing-related crimes, their sentence may include imprisonment and a maxi-
mum term of post-release supervision of five years. In contrast, when a
person is convicted of a "felony sex offense," their sentence may
include imprisonment and post-release supervision of up to twenty years.
District Attorney Offices have expressed extreme frustration as this
maximum term is insufficient. Often, traffickers are released from pris-
on and complete their post-release supervision, only to return to traf-
ficking the very same victims. In many cases, the victims of these sex
trafficking-related crimes are children.

In contrast, when a person is convicted of a "felony sex offense," their
sentence may include imprisonment and post-release supervision of up to
twenty years.

This bill adds second-degree promoting prostitution, first-degree
promoting prostitution, compelling prostitution, sex trafficking, and
sex trafficking of a child to the list of crimes designated as felony
sex offenses. Designating these offenses as felony sex offenses will
allow judges and juries in New York to impose sentences including post-
release supervision of up to fifteen or twenty years rather than five to
reduce recidivism of traffickers, revictimization of trafficking survi-
vors, and to combat the growing industry of sexual exploitation.

Sex trafficking is a global issue, but New York must do its part to
protect victims and survivors of trafficking by preventing re-offense by
thoge who have been convicted of sex trafficking-related crimes.

This legislation would have a direct impact on reducing recidivism and
revictimization rates by ensuring that the criminal justice system may
lawfully monitor offenders for an extended period of post-release super-
vision.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
Immediately.