What's happening
This bill excludes certain prostitution-related convictions and trafficking victims from being designated offenders and waives related mandatory fees.
Why it matters
Reduces the long-term consequences for people charged with low-level prostitution offenses or those proven to be victims of trafficking. , by excluding them from the “designated offender” category—meaning they won’t face lifelong DNA database inclusion or related stigma tied to more serious crimes.
Makes it easier for trafficking victims and certain individuals convicted of prostitution to avoid mandatory financial penalties. , such as surcharges and fees, which can be significant barriers to rebuilding their lives and escaping cycles of exploitation and poverty.
Signals a shift in New York’s approach toward prostitution, treating many individuals more as victims than criminals. , especially when a court determines their involvement was due to trafficking—potentially encouraging more people to seek help or cooperate with law enforcement without fear of harsh collateral consequences.
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Who cares
Headline styles
Update Offender Definition Law
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to finance
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.757
- Referred to finance
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.
Change Definition of Offender
In Senate Committee · Finance · Sponsor Amy Paulin
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5145
2017-2018 Regular Sessions
IN SENATE
March 9, 2017
Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Finance
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
S. 5145 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.
Sponsor's memo
Title of bill
An act to amend the executive law and the criminal procedure law, in relation to the definition of designated offender
Purpose
To exempt victims of sex trafficking from the requirement to provide a DNA sample for inclusion in the state DNA identification index
Summary of provisions
Section one amends subdivision 7 of section 995 of the Executive Law, as amended by Chapter 19 of the Laws of 2012, to provide that the defi- nition of designated offender shall not include (i) a person convicted of loitering for the purpose of engaging in prostitution under subdivi- sion 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 was 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).
Read the full memo (753 words)
Section two amends subdivision two of section 420.35 of the criminal procedure law, as amended by Chapter 426 of the Laws of 2015, to make technical amendments as necessitated by the amendment to such section by Chapter 368 of the Laws of 2015.
Section three provides the effective date.
Justification
Pursuant to section 995-c (3)(a) of the Executive Law, a designated offender convicted and sentenced for a crime is required to provide a sample appropriate for DNA testing to determine identification charac- teristics specific to such person and to be included in the state's DNA identification index. Section 995(7) of the Executive Law defines a designated offender to be any person convicted of a felony or any misde- meanor defined in the penal law other than a person who, as a first time offense, knowingly and unlawfully possesses marijuana in a public place and the marijuana is burning or open to public view.
New York has been a leader in enacting laws that recognize that sexually exploited persons should be treated as victims and not as criminals, including most recently by passing and having signed into law the comprehensive Trafficking Victims Protection and Justice Act (Chapter 368 of the Laws of 2015) and legislation to require courts to waive payment by sex trafficking victims of a mandatory surcharge, crime victim assistance fee and DNA databank fee where the victim is convicted of a misdemeanor or a violation (Ch. 385 of the Laws of 2014 and Ch. 426 of the Laws of 2015).
As we have learned, a young woman may be forced to engage in prostitu- tion by her sex trafficker. Although she faces conviction, she may not be prepared, for a variety of reasons, to seek or receive services, primarily because she is still under the control of her exploiter and does not believe she can escape her situation. Accordingly, she may decide, for example, to plead guilty to a misdemeanor offense of loiter- ing for the purpose of engaging in prostitution to be able to return to the streets.
This legislation will exclude from the definition of a designated offen- der a person convicted of prostitution or loitering for the purpose of engaging in prostitution or a person whose participation in the offense the court determines was a result of having been a sex trafficking victim under federal or New York state trafficking law. By stating that these victims are not designated offenders, these victims will not be required to provide DNA samples to be included in the state DNA iden- tification database.
We have been steadfast in our commitment to the principle that a person who is commercially sexually exploited is a victim, and must not be treated as a criminal. However, by continuing to require sex trafficking victims to provide DNA samples following conviction, we run afoul of that commitment and we treat these victims as criminals. These victims have entered our criminal justice system by virtue of their enslavement at the hands of their traffickers. The basic human rights of sex traf- ficking victims have already been violated by their traffickers; we should not compound the further violation of their rights by requiring a DNA sample.
Legislative history
2017: S.5145 - Died on Third Reading Calendar / A.1030 - Passed Assembly 2016: S.7069 - Died on Third Reading Calendar / A.9306 - Died on Third Reading Calendar
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.