What's happening
This bill expands the ability for trafficking victims to have convictions vacated for a broader range of offenses resulting from their victimization.
Why it matters
Victims of trafficking can now seek to vacate convictions for a much wider array of offenses. , not just prostitution-related crimes, recognizing that coercion often leads to involvement in various illegal activities beyond sex work.
Creates a presumption in favor of the victim. if they can provide official documentation from a government agency verifying their status as a trafficking victim at the time of the offense, but crucially, such documentation is not required—allowing more victims to seek relief even without formal proof.
Ensures confidentiality throughout the vacatur process. by mandating that motions and all related documents remain sealed unless the court specifically authorizes their disclosure, which is intended to protect victims from further harm, stigma, or retaliation.
Streamlines the process for victims with multiple convictions. by allowing the consolidation of motions to vacate judgments from different courts into a single proceeding, reducing administrative burdens and making it easier for survivors to clear their records.
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Who cares
Headline styles
Protect Trafficking Victims' Records
Plain English, a few words. Used as the page title.
Sponsors
History
- Print number 4981b
- Amend and recommit to codes
- Referred to codes
- Committed to rules
- Amended on third reading 4981a
- Advanced to third reading
- 2nd report cal.
- 1st report cal.589
- 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.
Keep Trafficking Victims' Records Private
In Senate Committee · Rules · Sponsor Richard Gottfried
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4981--B
2019-2020 Regular Sessions
IN SENATE
April 3, 2019
Introduced by Sens. RAMOS, SALAZAR, BAILEY, CARLUCCI, COMRIE, GIANARIS, GOUNARDES, HOYLMAN, JACKSON, KRUEGER, LIU, MONTGOMERY, MYRIE, PARKER, RIVERA, SEPULVEDA, SERRANO, STAVISKY -- read twice and ordered printed, and when printed to be committed to the… Show allHide
Introduced by Sens. RAMOS, SALAZAR, BAILEY, CARLUCCI, COMRIE, GIANARIS, GOUNARDES, HOYLMAN, JACKSON, KRUEGER, LIU, MONTGOMERY, MYRIE, PARKER, RIVERA, SEPULVEDA, SERRANO, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading -- recommitted to the Committee on Codes in accordance with Senate Rule 6, sec. 8 -committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
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.
§ 2. Paragraph (i) of subdivision 1 of section 440.10 of the criminal procedure law, as amended by section 3 of part OO of chapter 55 of the laws of 2019 and subparagraph (ii) of paragraph (i) of subdivision 1 as amended by chapter 131 of the laws of 2019, is amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03508-08-0
S. 4981--B 2
(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 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 sex 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;
(ii) 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 entity except where specifically authorized by the court; and
(iii) when a motion is filed under this paragraph, the court may, upon the consent of the petitioner and all of the state and local prosecutorial agencies that prosecuted each matter, consolidate into one proceeding a motion to vacate judgments imposed by distinct or multiple criminal courts; or
§ 3. Subdivision 6 of section 440.10 of the criminal procedure law, as amended by chapter 131 of the laws of 2019, is amended to read as follows:
6. If the court grants a motion under paragraph (i) or paragraph (k) of subdivision one of this section, it must vacate the judgment and dismiss the accusatory instrument, and may take such additional action as is appropriate in the circumstances. In the case of a motion granted under paragraph (i) of subdivision one of this section, the court must vacate the judgment on the merits because the defendant's participation in the offense was a result of having been a victim of trafficking.
§ 4. This act shall take effect immediately; provided that subparagraph (ii) 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 to expand to other offenses New York's existing law that offers vacatur of convictions for prostitu- tion-related offenses that were a result of being a victim of traffick- ing.
Read the full memo (623 words)
Section 2 amends CPL § 440.10(1)(i) to allow vacating of a conviction where the offense was a result of sex trafficking, labor trafficking, compelling prostitution and trafficking in persons. It amends CPL § 440.10(1)(i)(i) to remove language that limits such a motion to defend- ants who are no longer victims of trafficking or have already sought victim services. CPL § 440.10 (1)(i)(ii) is renumbered as CPL § 440.10 (1)(i)(i) and amended to include documentation with regard to sex traf- ficking, labor trafficking and aggravated labor trafficking as addi- tional grounds for a presumption that a victim was a victim of traffick- ing. It amends CPL § 440.10(1)(i)(ii) to provide confidentiality for motions to vacate a judgement, and adds a new CPL § 440.10(1) (iii) to allow consolidation of proceedings in multiple courts.
Section 3 amends CPL § 440.10 (6) to require that judgments be vacated on the merits because the defendant's participation in the offense was a result of having been a victim of trafficking.
Section 4 provides an immediate effective date, except that new subpara- graph (ii) 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 traffickers. Twenty seven states have since followed New York's example with similar laws.
Several states have now gone beyond New York's law, to make this relief available not just for prostitution-related offenses but for all offenses related to the trafficking. This bill follows that example. Trafficking victims may be arrested and prosecuted for a variety of offenses resulting from trafficking. A common example is 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 manda- tory 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 emphasizes that these convictions should be vacated because of the circumstances of the offenses and convictions, not because of a victim's post-conviction circumstances.
Prior legislative history
2016: A. 10353 - Referred to Codes
2017: A4540 - Passed Assembly / Senate Rules
2018: A4540 - Passed Assembly / Senate Rules
Fiscal implications
None.
Effective date
This act shall take effect immediately; provided that subparagraph (ii) of paragraph (i) of subdivision I 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.