STATE OF NEW YORK ________________________________________________________________________ 118 2021-2022 Regular Sessions IN ASSEMBLY (Prefiled) January 6, 2021 ___________ Introduced by M. of A. PAULIN, GOTTFRIED, PICHARDO -- read once and referred to the Committee on Codes AN ACT to amend the executive law and the criminal procedure law, in relation to the definition of designated offender The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 7 of section 995 of the executive law, as 2 amended by chapter 19 of the laws of 2012, is amended to read as 3 follows: 4 7. "Designated offender" means a person convicted of any felony 5 defined in any chapter of the laws of the state or any misdemeanor 6 defined in the penal law except: (a) that where the person is convicted 7 under section 221.10 of the penal law, only a person convicted under 8 subdivision two of such section, or a person convicted under subdivision 9 one of such section who stands previously convicted of any crime as 10 defined in subdivision six of section 10.00 of the penal law[.]; and 11 (b)(i) a person convicted of loitering for the purpose of engaging in 12 prostitution under subdivision two of section 240.37 of the penal law, 13 (ii) a person convicted of prostitution under section 230.00 of the 14 penal law, or (iii) a person whose participation in the offense is 15 determined by a court to have been a result of having been a victim of 16 sex trafficking under section 230.34 of the penal law, sex trafficking 17 of a child under section 230.34-a of the penal law, or trafficking in 18 persons under the trafficking victims protection act (United States 19 Code, Title 22, Chapter 78). 20 § 2. Subdivision 2 of section 420.35 of the criminal procedure law, as 21 amended by chapter 144 of the laws of 2020, is amended to read as 22 follows: 23 2. Except as provided in this subdivision or subdivision two-a of this 24 section, under no circumstances shall the mandatory surcharge, sex EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02024-01-1

A. 118 2 1 offender registration fee, DNA databank fee or the crime victim assist- 2 ance fee be waived. A court shall waive any mandatory surcharge, DNA 3 databank fee and crime victim assistance fee when: (i) the defendant is 4 convicted of loitering for the purpose of engaging in prostitution under 5 subdivision two of section 240.37 of the penal law [~~(provided that the~~ 6 ~~defendant was not convicted of loitering for the purpose of patronizing~~ 7 ~~a person for prostitution)~~]; (ii) the defendant is convicted of prosti- 8 tution under section 230.00 of the penal law; (iii) the defendant is 9 convicted of a violation in the event such conviction is in lieu of a 10 plea to or conviction for loitering for the purpose of engaging in pros- 11 titution under subdivision two of section 240.37 of the penal law 12 [~~(provided that the defendant was not alleged to be loitering for the~~ 13 ~~purpose of patronizing a person for prostitution)~~] or prostitution under 14 section 230.00 of the penal law; [or] (iv) the court finds that a 15 defendant is a victim of sex trafficking under section 230.34 of the 16 penal law or a victim of trafficking in persons under the trafficking 17 victims protection act (United States Code, Title 22, Chapter 78); or 18 (v) the court finds that the defendant is a victim of sex trafficking of 19 a child under section 230.34-a of the penal law. 20 § 3. This act shall take effect immediately.

Relates to the definition of designated offender

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