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S3181Senate2019-2020 Session

Protect Trafficking Victims’ Records

Official title

“Relates to confidentiality of records in proceedings to vacate convictions for offenses resulting from sex trafficking, labor trafficking and compelling prostitution”

Sponsor Andrew J. LanzaSD-24+12 co-sponsorsAffects Legal
Status
In Senate Committee
Codes
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Codes

What's happening

This bill expands and strengthens protections for trafficking victims, allowing them to vacate convictions for more offenses resulting from their victimization.

Why it matters

  1. Broadens eligibility. for vacating convictions beyond prostitution-related offenses, allowing survivors of sex trafficking, labor trafficking, aggravated labor trafficking, and compelling prostitution to clear a wider range of convictions that directly resulted from their victimization.

  2. Strengthens confidentiality protections. by making motions to vacate, and all related documents, confidential—shielding survivors from public exposure or further trauma as they attempt to clear their records.

  3. Reduces barriers for survivors. by not requiring official documentation from government agencies to prove victim status (though such documentation creates a presumption of eligibility), making it easier for victims to access relief even if they lack formal records.

  4. Centers the interests of justice. by explicitly requiring judges to consider the circumstances and fairness in each case, ensuring that relief is tailored to survivor needs and societal interests, rather than being an automatic or arbitrary process.

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Who cares

  • Trafficking and compelling-prostitution survivors with convictions

    The bill would let them seek to vacate convictions for offenses beyond the currently specified prostitution-related charges when their participation resulted from trafficking or compelling prostitution.

  • Defense attorneys and legal aid providers

    Motions to vacate these convictions and all pertinent papers would become confidential, with access permitted only as specifically authorized by the court.

  • Criminal courts

    Judges would control access to confidential filings and determine whether to grant relief based on the circumstances and the interest of justice.

  • Labor-trafficking survivors

    Official government documentation of labor trafficking or aggravated labor trafficking would expressly create a presumption that their participation in an offense resulted from that victimization, though documentation would not be required for relief.

Headline styles

Protect Trafficking Victims’ Records

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

Sponsors

History

  1. Referred to codes
  2. Referred to codes

Full text

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

STATE OF NEW YORK

3181

2019-2020 Regular Sessions

IN SENATE

February 4, 2019

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, 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

S. 3181 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.

Sponsor's memo

Title of bill

An act to amend the criminal procedure law, in relation to vacating convictions for offenses resulting from sex trafficking, labor traffick- ing 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 CPLS 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

2018: S.4997 - Third Reading Calendar/A.4540 - Passed Assembly 2017: S.4997 - Third Reading Calendar/A.4540 - Passed Assembly 2016: A.10353 - Referred to Codes

Fiscal implications

None.

Effective date

Immediate, except that new CPLRS 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.