What's happening
This bill expands and strengthens protections for trafficking victims, allowing more convictions related to their exploitation to be vacated.
Why it matters
Broadens eligibility. The bill extends vacatur (overturning) of convictions to trafficking victims whose offenses go beyond prostitution, including those related to labor trafficking, aggravated labor trafficking, compelling prostitution, or federal trafficking violations—meaning more survivors can clear records that stem directly from their exploitation.
Prioritizes victim confidentiality. It introduces strict confidentiality for motions and related documents, reducing risks of stigma, retaliation, or further harm to survivors seeking relief in court.
Eases burden of proof. While official documentation of victim status creates a presumption in the survivor’s favor, it is not required—making it less difficult for victims to seek justice, even if they lack formal paperwork from authorities.
Centers justice and circumstances. Courts are reminded and required to weigh each case’s unique circumstances and the interests of justice, reinforcing a survivor-focused, individualized approach rather than a rigid or automatic process.
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Who cares
Trafficking survivors with criminal convictions
The bill would expand eligibility to seek vacatur beyond specified prostitution-related arrest charges when participation in the offense resulted from trafficking or compelling prostitution.
Defense attorneys representing trafficking survivors
The bill would make vacatur motions and all pertinent papers confidential, with access allowed only when specifically authorized by the court.
Criminal courts
Judges would determine whether to grant these motions based on the circumstances and the interest of justice, and control access to confidential filings.
Government agencies documenting trafficking victim status
The bill would explicitly include labor trafficking and aggravated labor trafficking in the documentation provision that creates a presumption connecting victim status to participation in the offense.
Headline styles
Protect Trafficking Survivors’ Records
Plain English, a few words. Used as the page title.
Sponsors
11 Co-sponsors
1 Multi-sponsor
History
- Enacting clause stricken
- 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 Andrew J. Lanza
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
982
2019-2020 Regular Sessions
IN ASSEMBLY
January 14, 2019
Introduced by M. of A. GOTTFRIED, PAULIN, NIOU, FAHY, HEVESI -- read once and referred 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, the opening paragraph as amended by chapter 189 of the laws of 2018, 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, sex trafficking of a child under
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03508-01-9
A. 982 2
section 230.34-a of the penal law, labor trafficking under section 135.35 of the penal law, aggravated labor trafficking under section 135.37 of 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.