New York A 2712: Enacts the "child sex crime victims protection act"

Bill Text

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A02712 Summary:

BILL NOA02712A

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SAME ASSAME AS S06358

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SPONSORPaulin

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COSPNSRShimsky, Tapia, Burdick

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MLTSPNSR

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Add §60.38, Pen L; amd §§722.22 & 722.23, add §440.48, CP L

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Enacts the "child sex crime victims protection act"; establishes alternative sentencing procedures for victims of child sex crimes who commit crimes against their abusers.

Go to top A02712 Actions:

BILL NOA02712A

&nbsp

01/22/2025referred to codes

03/11/2025amend and recommit to codes

03/11/2025print number 2712a

01/07/2026referred to codes

Go to topA02712 Committee&nbspVotes:

Go to topA02712 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA02712 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 2712--A

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 22, 2025
 ___________

 Introduced by M. of A. PAULIN -- read once and referred to the Committee
 on Codes -- committee discharged, bill amended, ordered reprinted as
 amended and recommitted to said committee

 AN ACT to amend the penal law and the criminal procedure law, in
 relation to enacting the "child sex crime victims protection act"

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. This act shall be known and may be cited as the "child sex
 2 crime victims protection act" or "Sara's law."
 3 § 2. Legislative intent. This act shall be construed as prioritizing
 4 the successful treatment and rehabilitation of child sex crime victims
 5 who commit acts of violence against their abusers, or who committed a
 6 crime as the direct result of being a victim of trafficking. It is the
 7 legislature's preference that such persons be viewed as child victims
 8 and provided with treatment and services rather than transferred into
 9 the adult system.
 10 § 3. The penal law is amended by adding a new section 60.38 to read as
 11 follows:
 12 § 60.38 Authorized dispositions; child sex crime victims.
 13 Notwithstanding any other provision of law to the contrary, when a
 14 person is convicted as an adult of an offense that such person committed
 15 when such person was under the age of twenty, and the court finds that
 16 either:
 17 (a) the individual against whom such person committed such offense
 18 trafficked such person as defined by section 230.34 or 230.34-a of this
 19 chapter, compelled such person to engage in prostitution as defined by
 20 section 230.33 of this chapter, promoted the prostitution of such person
 21 in the first degree as defined by section 230.32 of this chapter,
 22 promoted the prostitution of such person in the second degree as defined
 23 by section 230.30 of this chapter, or committed a sex offense against

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00619-03-5

 A. 2712--A 2

 1 such person as defined by article one hundred thirty of this chapter
 2 prior to or during the commission of such offense; or
 3 (b) the individual who committed such offense did so as a direct
 4 result of being a victim of trafficking as defined by section 135.35,
 5 230.30, 230.32, 230.33, 230.34-a, or 230.34 of this chapter;
 6 the court may:
 7 1. depart from any mandatory minimum sentence, maximum sentence, or
 8 sentencing enhancement;
 9 2. suspend any portion of an otherwise applicable sentence; or
 10 3. if the individual was under the age of eighteen at the time of the
 11 commission of the offense, transfer such person back to the jurisdiction
 12 of the family court for disposition pursuant to article seven hundred
 13 twenty-five of the criminal procedure law.
 14 § 4. Section 722.22 of the criminal procedure law is amended by adding
 15 a new subdivision 1-a to read as follows:
 16 1-a. After a motion by a juvenile offender, pursuant to subdivision
 17 five of section 722.20 of this article, or after arraignment of a juve-
 18 nile offender upon an indictment:
 19 (a) the juvenile offender may request a hearing to determine:
 20 (i) if the individual against whom such juvenile offender committed
 21 such offense committed a child sex crime against such juvenile offender
 22 prior to or during the commission of such offense; or
 23 (i