New York S 6358: Enacts the "child sex crime victims protection act"

Bill Text

Bill Search and Legislative Information | New York State Assembly 

• 

• 

• 

• 

• 

• 

• 

• 

 Skip to main content 

 New York State Assembly

 Speaker Carl E. Heastie

 --> 
 --> 

 --> 

• 
 Assembly Members 

• 
 Legislative Info 

• 
 Public Hearings 

• 
 Speaker's Press 

• 
 Assembly Reports 

• 
 Committees & More 

• Bill Search Home
• Laws
• Legislative Calendar
• Public Hearing Schedule
• Assembly Calendars
• Assembly Committee Agenda 

 Javascript must be enabled to properly view this page. 

 Bill No.: 

• Summary 
• Actions 
• Committee&nbspVotes 
• Floor&nbspVotes 
• Memo 
• Text 
• LFIN 
• Chamber&nbspVideo/Transcript 
S06358 Summary:

BILL NOS06358 

&nbsp

SAME ASSAME AS A02712-A

&nbsp

SPONSORCLEARE

&nbsp

COSPNSRCOMRIE

&nbsp

MLTSPNSR

&nbsp

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

&nbsp

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 S06358 Actions:

BILL NOS06358 

&nbsp

03/11/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS06358 Committee&nbspVotes:

Go to topS06358 Floor&nbspVotes:

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

Go to topS06358 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 6358

 2025-2026 Regular Sessions

 IN SENATE

 March 11, 2025
 ___________

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

 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
 24 such person as defined by article one hundred thirty of this chapter
 25 prior to or during the commission of such offense; or

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00619-04-5

 S. 6358 2

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