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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6983B
SPONSOR: Gottfried (MS) TITLE OF BILL:
An act to amend the criminal procedure law, in relation to vacating
convictions for offenses resulting from sex trafficking, labor traffick-
ing 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. It amends CPL §
440.10(1)(i)(i) to remove language that limits such a motion to defend-
ants who are no longer victims of trafficking or have already sought
victim services. CPL § 440.10 (1)(i) (ii) is renumbered as CPL
§ 440.10 (1)(i)(i) and amended to include documentation with regard to
sex trafficking, labor trafficking and aggravated labor trafficking as
additional grounds for a presumption that a victim was a victim of traf-
ficking. It amends CPL
§ 440.10 (1) (i)(ii) to provide confidentiality for motions to vacate a
judgement, and adds a new CPL § 440.10(1) (iii) 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 (ii) 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.
STATE OF NEW YORK
________________________________________________________________________
6983--B
Cal. No. 249
2019-2020 Regular Sessions
IN ASSEMBLY
April 3, 2019
___________
Introduced by M. of A. GOTTFRIED, PAULIN, NIOU, FAHY, HEVESI, SAYEGH,
L. ROSENTHAL, SIMOTAS, KIM, QUART, EPSTEIN, MOSLEY, AUBRY, JAFFEE,
D'URSO, WALKER, CRUZ, STECK, PERRY, DICKENS, HUNTER, ARROYO, CROUCH,
ORTIZ, REYES, COOK, SIMON, DARLING, WALCZYK, RIVERA, SEAWRIGHT,
LIFTON, FERNANDEZ, GLICK, BLAKE, O'DONNELL, CARROLL -- Multi-Sponsored
by -- M. of A. DenDEKKER -- read once and referred to the Committee on
Codes -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- ordered to a third read-
ing, amended and ordered reprinted, retaining its place on the order
of third reading
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 section 3 of part OO of chapter 55 of the
13 laws of 2019 and subparagraph (ii) of paragraph (i) of subdivision 1 as
14 amended by chapter 131 of the laws of 2019, is amended to read as
15 follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03508-07-0
A. 6983--B 2
1 (i) The judgment is a conviction where [the arresting charge was under
2 section 240.37 (loitering for the purpose of engaging in a prostitution
3 offense, provided that the defendant was not alleged to be loitering for
4 the purpose of patronizing a person for prostitution or promoting pros-
5 titution) or 230.00 (prostitution) or 230.03 (prostitution in a school
6 zone) of the penal law, and] the defendant's participation in the
7 offense was a result of having been a victim of sex trafficking under
8 section 230.34 of the penal law, sex trafficking of a child under
9 section 230.34-a of the penal law, labor trafficking under section
10 135.35 of the penal law, aggravated labor trafficking under section
11 135.37 of the penal law, compelling prostitution under section 230.33 of
12 the penal law, or trafficking in persons under the Trafficking Victims
13 Protection Act (United States Code, title 22, chapter 78); provided that
14 (i) [a motion under this paragraph shall be made with due diligence,
15 after the defendant has ceased to be a victim of such trafficking or
16 compelling prostitution crime or has sought services for victims of such
17 trafficking or compelling prostitution crime, subject to reasonable
18 concerns for the safety of the defendant, family members of the defend-
19 ant, or other victims of such trafficking or compelling prostitution
20 crime that may be jeopardized by the bringing of such motion, or for
21 other reasons consistent with the purpose of this paragraph; and
22 (ii)] official documentation of the defendant's status as a victim of
23 sex trafficking, labor trafficking, aggravated labor trafficking,
24 compelling prostitution, or trafficking in persons at the time of the
25 offense from a federal, state or local government agency shall create a
26 presumption that the defendant's participation in the offense was a
27 result of having been a victim of sex trafficking, labor trafficking,
28 aggravated labor trafficking, compelling prostitution or trafficking in
29 persons, but shall not be required for granting a motion under this
30 paragraph;
31 (ii) a motion under this paragraph, and all pertinent papers and docu-
32 ments, shall be confidential and may not be made available to any person
33 or public or private entity except where specifically authorized by the
34 court; and
35 (iii) when a motion is filed under this paragraph, the court may, upon
36 the consent of the petitioner and all of the state and local prosecuto-
37 rial agencies that prosecuted each matter, consolidate into one proceed-
38 ing a motion to vacate judgments imposed by distinct or multiple crimi-
39 nal courts; or
40 § 3. Subdivision 6 of section 440.10 of the criminal procedure law, as
41 amended by chapter 131 of the laws of 2019, is amended to read as
42 follows:
43 6. If the court grants a motion under paragraph (i) or paragraph (k)
44 of subdivision one of this section, it must vacate the judgment and
45 dismiss the accusatory instrument, and may take such additional action
46 as is appropriate in the circumstances. In the case of a motion granted
47 under paragraph (i) of subdivision one of this section, the court must
48 vacate the judgment on the merits because the defendant's participation
49 in the offense was a result of having been a victim of trafficking.
50 § 4. This act shall take effect immediately; provided that subpara-
51 graph (ii) of paragraph (i) of subdivision 1 of section 440.10 of the
52 criminal procedure law, as added by section two of this act, shall take
53 effect on the sixtieth day after it shall have become a law.
