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S4429Senate2009-2010 SessionSame asA7670

Relates to motions to vacate judgment against victims of sex trafficking for certain prostitution offenses

Sponsor Thomas K. DuaneSD-29+5 co-sponsorsAffects Legal
Status
Senate Floor Calendar
Impact
Pending
Outcome
Companion signed

Bill progress

Signed via A7670

What's happening

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History

  1. Substituted by A7670
  2. 1st report cal.416
  3. Referred to codes
  4. Referred to codes

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A7670Assembly

Relates to motions to vacate judgment against victims of sex trafficking for certain prostitution offenses

Signed by Governor · Sponsor Richard Gottfried

Signed into law

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the criminal procedure law, in relation to victims of sex trafficking convicted of prostitution offenses

Purpose or general idea of bill

This bill would enable victims of sex trafficking who are convicted of prostitution related offenses as a result of the trafficking to apply to the court to get the conviction vacated.

Summary of specific provisions

This bill adds a provision to section 440.10 of the criminal procedure law, to allow a defendant to bring a motion to vacate a conviction where the arresting charge was NYPL 240.37 (loitering for the purpose of engaging in a prostitution offense) or NYPL 230.00 (prostitution), and the defendant's participation in the offense was a result of having been a victim of trafficking as defined under state or federal law.

Justification

Victims of sex trafficking who are forced into prostitution are frequently arrested for prostitution-related offenses and are saddled with the criminal record. They are blocked from decent jobs and other prospects for rebuilding their lives. Even after they escape from sex trafficking, the criminal record victimizes them for life. This bill would give victims of human trafficking a desperately needed second chance they deserve.

Prior legislative history

New Bill.

Fiscal implications

None.

Effective date

This act shall take effect immediately and shall apply to convictions taking place before or after it takes effect.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.