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A1030Assembly2017-2018 SessionSame asS5145

Change Definition of Offender

Official title

“Relates to the definition of designated offender”

Sponsor Amy PaulinAD-88+4 co-sponsorsAffects Finance
Status
In Senate Committee
Finance
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 5 of 7

In Senate · Finance

What's happening

This bill amends the definition of "designated offender" and allows mandatory court fees to be waived for certain prostitution and trafficking victims.

Why it matters

  1. Narrows the scope of "designated offender". under New York law, excluding individuals convicted of prostitution or loitering for prostitution, as well as those identified as trafficking victims, from certain legal consequences like mandatory DNA databank registration—signaling a shift toward recognizing their victimization rather than criminality.

  2. Expands judicial discretion. by requiring courts to waive mandatory surcharges, DNA databank fees, and crime victim assistance fees for individuals convicted of prostitution-related offenses or found to be trafficking victims, reducing financial penalties that can trap vulnerable people in cycles of exploitation and poverty.

  3. Aligns state law with anti-trafficking priorities. by explicitly referencing federal definitions of trafficking victims, ensuring that state courts can recognize a broader set of trafficking circumstances and provide relief accordingly.

  4. Reflects a broader policy move. away from punitive responses to prostitution and sex trafficking victims, promoting rehabilitation and support over further criminalization, which could have significant impacts on the lives and futures of affected individuals.

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Who cares

  • People convicted of prostitution or loitering for prostitution

    The bill would exclude people convicted under the specified provisions from the definition of designated offender.

  • Sex trafficking survivors

    The bill would exclude people whose participation in an offense a court determines resulted from being a trafficking victim from the definition of designated offender.

  • Criminal courts

    The bill would revise fee-waiver provisions to cite subdivision two of the loitering statute directly, replacing language excluding loitering to patronize prostitution.

Headline styles

Change Definition of Offender

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Amy Paulin

Assembly Member · Assembly District 88

Chair, Health

History

  1. Referred to finance
  2. Delivered to senate
  3. Passed assembly
  4. Ordered to third reading cal.69
  5. Returned to assembly
  6. Died in senate
  7. Referred to finance
  8. Delivered to senate
  9. Passed assembly
  10. Advanced to third reading cal.92
  11. Reported
  12. 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.

S5145Senate

Update Offender Definition Law

In Senate Committee · Finance · Sponsor Andrew J. Lanza

Impact 4 · Low0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

1030

2017-2018 Regular Sessions

IN ASSEMBLY

January 10, 2017

Introduced by M. of A. PAULIN, MOSLEY, M. G. MILLER, CROUCH -- read once and referred to the Committee on Codes

AN ACT to amend the executive law and the criminal procedure law, in relation to the definition of designated offender

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision 7 of section 995 of the executive law, as amended by chapter 19 of the laws of 2012, is amended to read as follows:

7. "Designated offender" means a person convicted of any felony defined in any chapter of the laws of the state or any misdemeanor defined in the penal law except: (a) that where the person is convicted under section 221.10 of the penal law, only a person convicted under subdivision two of such section, or a person convicted under subdivision one of such section who stands previously convicted of any crime as defined in subdivision six of section 10.00 of the penal law[.]; and (b)(i) a person convicted of loitering for the purpose of engaging in prostitution under subdivision two of section 240.37 of the penal law, (ii) a person convicted of prostitution under section 230.00 of the penal law, or (iii) a person whose participation in the offense is determined by a court to have been a result of having been a victim of sex trafficking under section 230.34 of the penal law or trafficking in persons under the trafficking victims protection act (United States Code, Title 22, Chapter 78).

§ 2. Subdivision 2 of section 420.35 of the criminal procedure law, as amended by chapter 426 of the laws of 2015, is amended to read as follows:

2. Under no circumstances shall the mandatory surcharge, sex offender registration fee, DNA databank fee or the crime victim assistance fee be waived provided, however, that a court may waive the crime victim assistance fee if such defendant is an eligible youth as defined in

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD01089-01-7

A. 1030 2

subdivision two of section 720.10 of this chapter, and the imposition of such fee would work an unreasonable hardship on the defendant, his or her immediate family, or any other person who is dependent on such defendant for financial support. A court shall waive any mandatory surcharge, DNA databank fee and crime victim assistance fee when: (i) the defendant is convicted of loitering for the purpose of engaging in prostitution under subdivision two of section 240.37 of the penal law [(provided that the defendant was not convicted of loitering for the purpose of patronizing a person for prostitution)]; (ii) the defendant is convicted of prostitution under section 230.00 of the penal law; (iii) the defendant is convicted of a violation in the event such conviction is in lieu of a plea to or conviction for loitering for the purpose of engaging in prostitution under subdivision two of section 240.37 of the penal law [(provided that the defendant was not alleged to be loitering for the purpose of patronizing a person for prostitution)] or prostitution under section 230.00 of the penal law; or (iv) 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 in persons under the trafficking victims protection act (United States Code, Title 22, Chapter 78).

§ 3. This act shall take effect immediately.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

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