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S8927Senate2019-2020 SessionSame asA8869

Protect Sex Crime Witnesses

Official title

“Relates to individuals engaged in prostitution who are victims of or witnesses to a crime”

Sponsor Luis R. SepúlvedaSD-32
Status
In Senate Committee
Rules
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Rules

What's happening

This bill grants immunity from prosecution for prostitution offenses to individuals who are victims or witnesses of a crime and cooperate with law enforcement.

Why it matters

  1. Encourages crime reporting and cooperation. By granting immunity to those engaged in prostitution who are victims or witnesses, the bill removes a major barrier that often discourages these individuals from coming forward to law enforcement, potentially leading to more crimes being reported and solved.

  2. Addresses public health and safety. The bill explicitly protects individuals seeking or receiving health care services related to their victimization, which can improve health outcomes and reduce the stigma and risk of untreated trauma or injury.

  3. Broadens legal protections. Immunity covers not only those who directly report a crime but also those who assist in investigations or prosecutions, as well as those who simply become aware that another person is a crime victim—expanding the scope of who can safely interact with authorities.

  4. Applies to pending cases. The law would apply retroactively to prosecutions that are still pending when the law takes effect, potentially impacting current legal cases and offering immediate relief to affected individuals.

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Who cares

Headline styles

Protect Sex Crime Witnesses

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

Sponsors

Primary sponsor
Luis R. Sepúlveda

Senator · Senate District 32

Chair, Crime Victims, Crime And Correction

No co-sponsors yet.

History

  1. Referred to rules

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.

A8869Assembly

Protect Sex Worker Witnesses

In Assembly Committee · Rules · Sponsor Richard Gottfried

Impact 6 · Moderate0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

8927

IN SENATE

August 19, 2020

Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Rules

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.

Sponsor's memo

Title of bill

An act to amend the penal law, in relation to individuals engaged in prostitution who are victims of or witnesses to a crime

Purpose or general idea of bill

To encourage sex workers who are crime victims and witnesses to seek help without fear of being prosecuted for prostitution.

Summary of provisions

Section 1 creates a new Penal Law § 230.45 to provide immunity from prosecution under § 230.00 (prostitution), § 230.03 (prostitution in a school zone), and § 240.37 (loitering for purposes of prostitution) to victims of and witnesses to crimes under the following circumstances: when the victim or witness reports the crime to a law enforcement agen- cy, seeks or receives health care services, or aids in the investigation of the crime.

Section 2 is the effective date.

Justification

As a result of our laws, sex workers work in an inherently criminal environment in which they are often targeted for violence. They often do not report violent crimes or seek medical attention because they fear that they would be prosecuted for prostitution. Attackers exploit this fear and commit heinous crimes with impunity, solely because of the nature of their victims' work.

This bill protects a victim or witness to a crime from prosecution for prostitution, prostitution in a school zone, or loitering for the purpose of engaging in a prostitution offense when they seek help. The concept is similar to the "Good Samaritan" law we enacted in 2011 to protect people who seek help for someone suffering an overdose. We all deserve the right to seek safety and health care services. It is in the public interest to encourage victims and witnesses to come forward and aid law enforcement. This bill will help deter violent crime and protect vulnerable New Yorkers.

Prior legislative history

New bill.

Fiscal implications for state and local governments

None.

Effective date

60 days 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.