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A06983 Summary:

BILL NOA06983B
 
SAME ASSAME AS S04981-B
 
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, Darling, Walczyk, Rivera, Seawright, Lifton, Fernandez, Glick, Blake, O'Donnell, Carroll, Taylor, Bronson, Otis
 
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 NOA06983B
 
04/03/2019referred to codes
05/24/2019amend and recommit to codes
05/24/2019print number 6983a
05/30/2019reported
05/30/2019advanced to third reading cal.536
06/13/2019passed assembly
06/13/2019delivered to senate
06/13/2019REFERRED TO RULES
01/08/2020DIED IN SENATE
01/08/2020RETURNED TO ASSEMBLY
01/08/2020ordered to third reading cal.249
01/27/2020amended on third reading 6983b
07/21/2020passed assembly
07/21/2020delivered to senate
07/21/2020REFERRED TO RULES
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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: 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.
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A06983 Text:



 
                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.
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