What's happening
This bill provides immunity from prosecution for prostitution-related offenses to individuals who are victims or witnesses to a crime.
Why it matters
Encourages crime reporting and cooperation with law enforcement. by removing the threat of arrest or prosecution for prostitution-related offenses from victims and witnesses, making it more likely that crimes (including violent ones) are reported and investigated.
Expands protections to both direct victims and bystanders. who are aware of a crime, not just those directly harmed, thereby broadening who can safely come forward without fear of self-incrimination for prostitution charges.
Includes those seeking health care after a crime. as eligible for immunity, potentially improving access to medical treatment for individuals involved in prostitution who are harmed or endangered.
Clarifies that immunity applies even if the underlying crime is not prosecuted or results in no conviction. , ensuring that protection is based on the context of reporting or cooperating, not the outcome of the case.
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Who cares
People engaged in or accused of prostitution
Qualifying crime victims and witnesses would be protected from charges or prosecution under the three specified sections if they report the crime, seek or receive related health care, or help investigators or prosecutors in good faith.
Police and prosecutors
The bill would bar specified charges against qualifying victims and witnesses, including when the reported act reasonably appears to be a crime but does not result in a conviction.
Health care providers
Seeking or receiving health care because of a crime would be an independent route to immunity for qualifying victims and witnesses, without requiring a police report.
Defense attorneys
The protections would apply to prosecutions pending on or after the effective date, allowing attorneys to invoke immunity for qualifying clients in existing cases.
Headline styles
Protect Sex Worker Witnesses
Plain English, a few words. Used as the page title.
Sponsors
9 Co-sponsors
1 Multi-sponsor
History
- Reported referred to rules
- Referred to codes
- 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 Sex Crime Witnesses
In Senate Committee · Rules · Sponsor Luis R. Sepúlveda
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8869
2019-2020 Regular Sessions
IN ASSEMBLY
December 18, 2019
Introduced by M. of A. GOTTFRIED, SEAWRIGHT, SAYEGH, BARRON, SIMON, SIMOTAS, STECK, QUART -- Multi-Sponsored by -- M. of A. CROUCH -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to individuals engaged in prostitution who are victims of or witnesses to a crime
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The penal law is amended by adding a new section 230.45 to read as follows: § 230.45 Immunity from prosecution.
This section applies where a person is the victim of or a witness to a crime (including an individual who becomes aware that another person is a victim of a crime), and has engaged or is alleged to have engaged in an act prohibited under section 230.00, 230.03, or 240.37 of this chapter at or in reasonable proximity to the time of the crime or under circumstances reasonably related to the crime, and, in good faith, (a) reports the crime to a criminal law enforcement agency, (b) seeks or receives health care services as a result of the crime, or (c) assists or attempts to assist in the investigation or prosecution of the crime. No such victim or witness to the crime shall be charged or prosecuted for the offense under section 230.00, 230.03, or 240.37 of this chapter. As used in this section, "crime" shall include an act that reasonably appears to be a crime, regardless of whether it results in a conviction as a crime.
§ 2. This act shall take effect on the sixtieth day after it shall have become a law, and shall apply to any prosecution pending on or after the time it shall take effect.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14071-02-9
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.