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: A1029
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 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:
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 7 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.
