What's happening
This bill expands the ability of trafficking victims to vacate convictions for offenses resulting from being trafficked, including confidentiality protections.
Why it matters
Expands eligibility for vacating convictions. to include a wider range of crimes, not just prostitution-related offenses, if those crimes were committed as a result of being trafficked. This could significantly increase the number of trafficking survivors eligible for relief, allowing them to clear records that create major barriers to employment, housing, and other opportunities.
Requires courts to consider individual circumstances and the interests of justice. when deciding whether to grant conviction vacatur, emphasizing a more holistic, case-by-case approach rather than a rigid application of the law. This means survivors’ unique experiences and needs are more likely to be taken into account.
Establishes strict confidentiality protections. for motions and related documents filed under this law, reducing the risk that a trafficking survivor’s history will be exposed or used against them, and encouraging more victims to seek relief without fear of public disclosure or retaliation.
Makes it easier for survivors to use government documentation of their victim status. to support their motions, but does not require such documentation, lowering evidentiary hurdles for those who may have difficulty obtaining official records and making relief more accessible to a broader range of trafficking victims.
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Who cares
Headline styles
Protect Trafficking Victims' Records
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1003
- Referred to codes
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1314
- 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.
Protect Trafficking Victims' Records
In Senate Committee · Codes · Sponsor Richard Gottfried
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4997
2017-2018 Regular Sessions
IN SENATE
March 3, 2017
Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to vacating convictions for offenses resulting from sex trafficking, labor trafficking and compelling prostitution
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Legislative intent. The purpose of this legislation is to strengthen protection for the victims of sex trafficking, labor trafficking, compelling prostitution and trafficking in persons, who are convicted of a range of offenses as a result of that trafficking or compelling. New York's landmark law offering the vacating of convictions for prostitution-related offenses that were a result of this trafficking has been the model for laws in more than half of the states. However, several states wisely offer this relief to victims who may be compelled to participate in other offenses as well. This legislation would follow that example. Granting relief under this provision has always been based on consideration of the circumstances and the interest of justice; this legislation reiterates that.
§ 2. Paragraph (i) of subdivision 1 of section 440.10 of the criminal procedure law, as amended by chapter 368 of the laws of 2015, is amended to read as follows:
(i) The judgment 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 person for prostitution or promoting prostitution) or 230.00 (prostitution) or 230.03 (prostitution in a school zone) of the penal law, and] the defendant's participation in the offense was a result of having been a victim of sex trafficking under section 230.34 of the penal law, labor trafficking under section 135.35 of the penal law, aggravated labor trafficking under section 135.37 of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02696-01-7
S. 4997 2
the penal law, compelling prostitution under section 230.33 of the penal law, or trafficking in persons under the Trafficking Victims Protection Act (United States Code, title 22, chapter 78); provided that
(i) a motion under this paragraph shall be made with due diligence, after the defendant has ceased to be a victim of such trafficking or compelling prostitution crime or has sought services for victims of such trafficking or compelling prostitution crime, subject to reasonable concerns for the safety of the defendant, family members of the defendant, or other victims of such trafficking or compelling prostitution crime that may be jeopardized by the bringing of such motion, or for other reasons consistent with the purpose of this paragraph; [and]
(ii) official documentation of the defendant's status as a victim of trafficking, labor trafficking, aggravated labor trafficking, compelling prostitution, or trafficking in persons at the time of the offense from a federal, state or local government agency shall create a presumption that the defendant's participation in the offense was a result of having been a victim of sex trafficking, labor trafficking, aggravated labor trafficking, compelling prostitution or trafficking in persons, but shall not be required for granting a motion under this paragraph;
(iii) a motion under this paragraph, and all pertinent papers and documents, shall be confidential and may not be made available to any person or public or private agency except where specifically authorized by the court; and
(iv) the granting of a motion under this paragraph shall be determined by the court in consideration of the circumstances and the interest of justice.
§ 3. This act shall take effect immediately; provided that subparagraph (iii) of paragraph (i) of subdivision 1 of section 440.10 of the criminal procedure law, as added by section two of this act, shall take effect on the sixtieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the criminal procedure law, in relation to vacating convictions for offenses resulting from sex traf- ficking, labor trafficking 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, stressing that granting relief would be based on consideration of the circumstances and the interest of justice.
Section 2 amends CPL§ 440.10(1)(1) to allow vacating of a conviction where the offense was a result of sex trafficking, labor trafficking, compelling prostitution and trafficking in persons; CPL§ 440.10(1)(ii) to include documentation with regard to labor trafficking and aggravated labor trafficking as additional grounds for a presumption that a victim was a victim of trafficking; adds new CPL§ 440.10(1)(iii) to provide confidentiality for motions to vacate a judgement; and adds new CPL§ 440.10(1) (iv) to provide that the relief would be based on consider- ation of the circumstances and the interest of justice. Current law only applies to a motion to vacate a conviction for several prostitution-re- lated offenses.
Section 3 provides an immediate effective date, except that new subpara- graph (iii) 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 trafficker. Twenty seven states have since followed New York's example with similar laws.
Several states have gone beyond New York's law, to make this relief available not just for prostitution-related offenses but for all offenses. This bill follows that example. Trafficking victims may be arrested and prosecuted for a variety of offenses resulting from the trafficking. For example, 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 mandatory 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 stresses - both in legislative intent and in explicit statutory language - that the granting of a motion for this relief is to be decided by the court based on consideration of the circumstances and in the interest of justice.
Prior legislative history
2017: S.4997 - Died on Third Reading Calendar / A.4540 - Passed Assembly 2016: A. 10353 - Referred to Codes
Fiscal implications
None.
Effective date
Immediate, except that new CPLR§ 440.10(1)(iii) takes effect 60 days after enactment into law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.