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NY S04997

Bill

Status

Introduced

3/3/2017

Primary Sponsor

Andrew Lanza

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Origin

Senate

2017-2018 General Assembly

AI Summary

  • Expands eligibility to vacate convictions beyond prostitution offenses to include sex trafficking, labor trafficking, aggravated labor trafficking, compelling prostitution, and trafficking in persons under the Trafficking Victims Protection Act.

  • Removes the requirement that the arresting charge be specifically for prostitution-related offenses, allowing victims compelled to commit other offenses as a result of trafficking to seek conviction vacation.

  • Requires that official documentation of trafficking victim status from a federal, state, or local government agency creates a presumption (but is not required) that offense participation resulted from being a trafficking victim.

  • Mandates that motions to vacate, all pertinent papers, and documents remain confidential and unavailable to the public or private agencies except where specifically authorized by the court.

  • Grants courts discretion to approve motions based on consideration of circumstances and the interest of justice, with provisions for reasonable delays due to safety concerns of the defendant, family members, or other victims.

Legislative Description

Provides for confidentiality of records in proceedings to vacate convictions for offenses resulting from sex trafficking, labor trafficking and compelling prostitution.

Last Action

COMMITTED TO RULES

6/20/2018

Committee Referrals

Rules6/20/2018
Codes1/3/2018
Rules6/21/2017
Codes3/3/2017

Full Bill Text

No bill text available