Relates to exempting victims of sex trafficking from the DNA databank fee

BILL NUMBER:S4394A

Title of bill

An act to amend the criminal procedure law, in relation to exempting victims of sex trafficking from the DNA databank fee

Purpose

To waive the DNA databank fee when the court finds the defendant is a victim of sex trafficking

Summary of provisions

Section one amends subdivision 2 of section 420.35 of the Criminal Procedure Law, as amended by Chapter 385 of the Laws of 2014, to provide that a court shall waive any DNA databank fee and crime victim assistance fee where the judgment entered is a conviction where the arresting charge was under section 240.37 (loitering for the purpose of engaging in a prostitution offense, provided that the defendant was not alleged to be loitering for the purpose of patronizing a prostitute or promoting prostitution) or 230.00 (prostitution) of the penal law, or when the court finds that a defendant is a victim of sex trafficking under section 230.34 of the Penal Law or a victim of trafficking under the federal Trafficking Victims Protection Act.

Section two provides the effective date.

Justification

New York has been a leader in enacting laws that recognize that sexually exploited persons should be treated as victims and not as criminals. In furtherance of that principle, last year we changed the law (Chapter 385 of the Laws of 2014) to require courts to waive payment by sex trafficking victims of a mandatory surcharge, DNA databank fee and crime victim assistance fee where the victim is convicted of a misdemeanor or a violation. This legislation makes a technical amendment to require that courts waive as well the DNA databank fee where a person has been convicted of a designated offense as defined by section 995(7) of the executive law, which includes most misdemeanors.

The intent of Chapter 385 was to ensure that we do not act as an unwitting participant in setting up an obstacle to sex trafficking victims from escaping their lives of exploitation. Sex trafficking victims who are convicted of a misdemeanor likely have no money of their own upon release, with their traffickers waiting for their release, prepared to pay whatever fees are imposed. With the mandatory amounts paid by the trafficker, the trafficked victim becomes indebted to her trafficker, enabling the trafficker to increase his control over her and require her to return to the conduct that brought her to criminal court (i.e. prostitution). The DNA databank fee is the remaining mandatory fee that can be imposed on a sex trafficking victim convicted of a misdemeanor.

By waiving the DNA databank fee, we remove the means by which our legal system inadvertently facilitates having sex trafficking victims become indebted to their traffickers.

Legislative history

New bill.

Fiscal implications

Minimal.

Effective date

This act shall take effect immediately and shall apply to convictions on or after the effective date as well as to charges for such offenses pending on the effective date for which sentence had not yet been imposed.