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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1029B
SPONSOR: Kelles 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 adds a new section 230.45 to the penal law to provide immunity
from prosecution under § 230.00 (prostitution)and/or § 230.03 (prostitu-
tion in a school zone) to victims of and witnesses to crimes under the
following circumstances: (a) reports the crime to a criminal law
enforcement agency, (b) seeks or receives health care services as a
result of the crime (if medically necessary) or (c) attempts to assist
in the investigation or prosecution of the crime.
Section 2 establishes the right to a hearing in court where the victim
or witness to a crime believes the conditions for immunity have been met
and have been erroneously charged under § 230.00 and/or § 230.03.
Section 3 is the effective date.
JUSTIFICATION:
Sex workers often are victims and witnesses of violent crime and coer-
cive exploitation but often don't report crimes due to fear of arrest
for prostitution. When criminal abusers are not reported, they continue
their violent acts with impunity. The most recent, prescient example is
of the Long Island Serial Killer. In 2023, Suffolk County law enforce-
ment arrested Rex Heuermann for the murders of three women whose bodies
were discovered over a decade prior while there are other unsolved
murders that may be associated with this suspect. His victims were known
sex workers and he continued patronizing sex workers while law enforce-
ment monitored him without obtaining potentially helpful testimony from
witnesses or victims.
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 enacted in
2011 to protect people who seek help for someone suffering an overdose.
Similar legislation has already been passed in Alaska, California, Colo-
rado, Montana, New Hampshire, Oregon, Utah, and Washington. This legis-
lation has also received support from: Alvin Bragg (NYC DA), Decriminal-
ize Sex Work, ECLI-VIBES, Girl Vow Inc., We Are Revolutionary, SOAR
Institute, Old Pros, Legal Aid Society, and Hudson Catskill Housing
Coalition.
PRIOR LEGISLATIVE HISTORY:
2023-24: A7471 - 3rd Reading Calendar
2021-22: A255a (Gottfried) - 3rd Reading Calendar
2019-20: A8869 (Gottfried) - Codes reported 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.
