|SAME AS||SAME AS UNI. S04981|
|COSPNSR||Paulin, Niou, Fahy, Hevesi, Sayegh, Rosenthal L, Simotas, Kim, Quart, Epstein, Mosley, Aubry, Jaffee, D'Urso, Walker, Cruz, Steck, Perry, Dickens, Hunter, Arroyo, Crouch, Ortiz, Reyes, Cook, Simon, Raynor, Walczyk, Rivera|
|Amd §440.10, CP L|
|Relates to proceedings to vacate convictions for offenses resulting from sex trafficking, labor trafficking and compelling prostitution and provides for confidentiality of records of such proceedings.|
|04/03/2019||referred to codes|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6983 SPONSOR: Gottfried (MS)
TITLE OF BILL: An act to amend the criminal procedure law, in relation to vacating convictions for offenses resulting from sex traf- ficking, labor trafficking and compelling prostitution   PURPOSE OR GENERAL IDEA OF BILL: To strengthen protections for victims of sex trafficking, labor traf- ficking, compelling prostitution, and trafficking in persons, who are convicted of a range of offenses as a result of that trafficking or compelling.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 sets forth legislative intent to expand to other offenses New York's existing law that offers vacatur of convictions for prostitu- tion-related offenses that were a result of being a victim of traffick- ing. Section 2 amends CPL § 440.10(1)(i) to allow vacating of a conviction where the offense was a result of sex trafficking, labor trafficking, compelling prostitution and trafficking in persons; CPL § 440.10(1) (ii) to include documentation with regard to labor trafficki ng and aggravated labor trafficking as additional grounds for a presump- tion that a victim was a victim of trafficking; adds new CPL § 440.10(1)(iii) to provide confidentiality for motions to vacate a judge- ment; and adds new CPL § 440.10(1) (iv) to allow consolidation of proceedings in multiple courts. Section 3 amends CPL § 440.10 (6) to require that judgments be vacated on the merits because the defendant's participation in the offense was a result of having been a victim of trafficking. Section 4 provides an immediate effective date, except that new subpara- graph (iii) takes effect 60 days after enactment into law.   JUSTIFICATION: In 2010, New York State passed an historic law allowing victims of human trafficking to vacate prostitution-related criminal convictions that were directly tied to their victimization. The law recognized that these convictions should be vacated because the conviction itself was unjust. Victims of human trafficking were allowed a second chance at life, free from the criminal records forced upon them by their traffickers. Twenty seven states have since followed New York's example with similar laws. Several states have now gone beyond New York's law, to make this relief available not just for prostitution-related offenses but for all offenses related to the trafficking. This bill follows that example. Trafficking victims may be arrested and prosecuted for a variety of offenses resulting from trafficking. A common example is possessing false documents, usually at the direction of their trafficker, who has confiscated their true documents as part of the exerted coercion. The CPL is further amended to protect the confidentiality of information contained in motions brought under the statute. This explicit and manda- tory protection is necessary to meet the legislation's goals of severing victims of human trafficking from their traumatic past, and to ensure that victims of human trafficking will not be endangered by the process of vacating their convictions. Courts may also take other action, such as offering a closed courtroom for court appearances. The bill emphasizes that these convictions should be vacated because of the circumstances of the offenses and convictions, not because of a victim's post-conviction circumstances.   PRIOR LEGISLATIVE HISTORY: 2016: A. 10353 - Referred to Codes 2017: A4540 - Passed Assembly / Senate Rules 2018: A4540 - Passed Assembly / Senate Rules   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: Immediate, except that new CPLR§ 440.10(1)(iii) takes effect 60 days after enactment into law.
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STATE OF NEW YORK ________________________________________________________________________ S. 4981 A. 6983 2019-2020 Regular Sessions SENATE - ASSEMBLY April 3, 2019 ___________ IN SENATE -- Introduced by Sen. RAMOS -- read twice and ordered printed, and when printed to be committed to the Committee on Codes IN ASSEMBLY -- Introduced by M. of A. GOTTFRIED, PAULIN, NIOU, FAHY, HEVESI, SAYEGH, L. ROSENTHAL, SIMOTAS -- Multi-Sponsored by -- M. of A. DenDEKKER -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to vacating convictions for offenses resulting from sex trafficking, labor traf- ficking and compelling prostitution The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative intent. The purpose of this legislation is to 2 strengthen protection for the victims of sex trafficking, labor traf- 3 ficking, compelling prostitution and trafficking in persons, who are 4 convicted of a range of offenses as a result of that trafficking or 5 compelling. New York's landmark law offering the vacating of convictions 6 for prostitution-related offenses that were a result of this trafficking 7 has been the model for laws in more than half of the states. However, 8 several states wisely offer this relief to victims who may be compelled 9 to participate in other offenses as well. This legislation would follow 10 that example. 11 § 2. Paragraph (i) of subdivision 1 of section 440.10 of the criminal 12 procedure law, as amended by chapter 368 of the laws of 2015, the open- 13 ing paragraph as amended by chapter 189 of the laws of 2018, is amended 14 to read as follows: 15 (i) The judgment is a conviction where [ the arresting charge was under16 section 240.37 (loitering for the purpose of engaging in a prostitution17 offense, provided that the defendant was not alleged to be loitering for18 the purpose of patronizing a person for prostitution or promoting pros-19 titution) or 230.00 (prostitution) or 230.03 (prostitution in a school20 zone) of the penal law, and] the defendant's participation in the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03508-03-9S. 4981 2 A. 6983 1 offense was a result of having been a victim of sex trafficking under 2 section 230.34 of the penal law, sex trafficking of a child under 3 section 230.34-a of the penal law, labor trafficking under section 4 135.35 of the penal law, aggravated labor trafficking under section 5 135.37 of the penal law, compelling prostitution under section 230.33 of 6 the penal law, or trafficking in persons under the Trafficking Victims 7 Protection Act (United States Code, title 22, chapter 78); provided that 8 (i) a motion under this paragraph shall be made with due diligence, 9 [ after the defendant has ceased to be a victim of such trafficking or10 compelling prostitution crime or has sought services for victims of such11 trafficking or compelling prostitution crime,] subject to reasonable 12 concerns for the safety or circumstances of the defendant, family 13 members of the defendant, or other victims of such trafficking or 14 compelling prostitution crime that may be jeopardized by the bringing of 15 such motion, or for other reasons consistent with the purpose of this 16 paragraph; [ and] 17 (ii) official documentation of the defendant's status as a victim of 18 sex trafficking, labor trafficking, aggravated labor trafficking, 19 compelling prostitution, or trafficking in persons at the time of the 20 offense from a federal, state or local government agency shall create a 21 presumption that the defendant's participation in the offense was a 22 result of having been a victim of sex trafficking, labor trafficking, 23 aggravated labor trafficking, compelling prostitution or trafficking in 24 persons, but shall not be required for granting a motion under this 25 paragraph; 26 (iii) a motion under this paragraph, and all pertinent papers and 27 documents, shall be confidential and may not be made available to any 28 person or public or private agency except where specifically authorized 29 by the court; and 30 (iv) when a motion is filed under this paragraph, the court may, upon 31 the consent of the petitioner and all of the involved state or local 32 prosecutorial agencies, consolidate into one proceeding a motion to 33 vacate judgments imposed by distinct or multiple criminal courts. 34 § 3. Subdivision 6 of section 440.10 of the criminal procedure law, as 35 added by chapter 332 of the laws of 2010, is amended to read as follows: 36 6. If the court grants a motion under paragraph (i) of subdivision one 37 of this section, it must vacate the judgment on the merits because the 38 defendant's participation in the offense was a result of having been a 39 victim of trafficking, and dismiss the accusatory instrument, and may 40 take such additional action as is appropriate in the circumstances. 41 § 4. This act shall take effect immediately; provided that subpara- 42 graph (iii) of paragraph (i) of subdivision 1 of section 440.10 of the 43 criminal procedure law, as added by section two of this act, shall take 44 effect on the sixtieth day after it shall have become a law.