BILL NUMBER: S7356
SPONSOR: LANZA
 
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:
2024: S.4756-Referred to Codes
2023: S.4756-Referred to Codes
2022: S.6165-Referred to Codes
2021: S.6165-Referred to Codes
2020: S.3181-Referred to Codes
2019: S.3181-Referred to Codes
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:
Immediately.

Statutes affected:
S7356: 440.10 criminal procedure law, 440.10(1) criminal procedure law