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A06983 Summary:

BILL NOA06983
 
SAME ASSAME AS UNI. S04981
 
SPONSORGottfried (MS)
 
COSPNSRPaulin, 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
 
MLTSPNSRDenDekker
 
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.
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A06983 Actions:

BILL NOA06983
 
04/03/2019referred to codes
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A06983 Memo:

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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A06983 Text:



 
                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 under
    16  section 240.37 (loitering for the purpose of engaging in a  prostitution
    17  offense, provided that the defendant was not alleged to be loitering for
    18  the  purpose of patronizing a person for prostitution or promoting pros-
    19  titution) or 230.00 (prostitution) or 230.03 (prostitution in  a  school
    20  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.
                                                                   LBD03508-03-9

        S. 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  or
    10  compelling prostitution crime or has sought services for victims of such
    11  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.
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