New York S 7356: Relates to confidentiality of records in proceedings to vacate convictions for offenses resulting from sex trafficking, labor trafficking and compelling prostitution

Bill Text

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S07356 Summary:

BILL NOS07356 

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SAME ASNo Same As

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SPONSORLANZA

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COSPNSR

&nbsp

MLTSPNSR

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Amd §440.10, CP L

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

Go to top S07356 Actions:

BILL NOS07356 

&nbsp

04/10/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS07356 Committee&nbspVotes:

Go to topS07356 Floor&nbspVotes:

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

Go to topS07356 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 7356

 2025-2026 Regular Sessions

 IN SENATE

 April 10, 2025
 ___________

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

 AN ACT to amend the criminal procedure law, in relation to vacating
 convictions for offenses resulting from sex trafficking, labor traf-
 ficking and compelling prostitution

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

 1 Section 1. Legislative intent. The purpose of this legislation is to
 2 strengthen protection for the victims of sex trafficking, labor traf-
 3 ficking, compelling prostitution and trafficking in persons, who are
 4 convicted of a range of offenses as a result of that trafficking or
 5 compelling. New York's landmark law offering the vacating of convictions
 6 for prostitution-related offenses that were a result of this trafficking
 7 has been the model for laws in more than half of the states. However,
 8 several states wisely offer this relief to victims who may be compelled
 9 to participate in other offenses as well. This legislation would follow
 10 that example. Granting relief under this provision has always been based
 11 on consideration of the circumstances and the interest of justice; this
 12 legislation reiterates that.
 13 § 2. Paragraph (i) of subdivision 1 of section 440.10 of the criminal
 14 procedure law, as amended by chapter 629 of the laws of 2021, is amended
 15 to read as follows:
 16 (i) The judgment is a conviction where the defendant's participation
 17 in the offense was a result of having been a victim of sex trafficking
 18 under section 230.34 of the penal law, sex trafficking of a child under
 19 section 230.34-a of the penal law, labor trafficking under section
 20 135.35 of the penal law, aggravated labor trafficking under section
 21 135.37 of the penal law, compelling prostitution under section 230.33 of
 22 the penal law, or trafficking in persons under the Trafficking Victims
 23 Protection Act (United States Code, title 22, chapter 78); provided that

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD11098-01-5

 S. 7356 2

 1 (i) official documentation of the defendant's status as a victim of
 2 sex trafficking, labor trafficking, aggravated labor trafficking,
 3 compelling prostitution, or trafficking in persons at the time of the
 4 offense from a federal, state or local government agency shall create a
 5 presumption that the defendant's participation in the offense was a
 6 result of having been a victim of sex trafficking, labor trafficking,
 7 aggravated labor trafficking, compelling prostitution or trafficking in
 8 persons, but shall not be required for granting a motion under this
 9 paragraph;
 10 (ii) a motion under this paragraph, and all pertinent papers and docu-
 11 ments, shall be confidential and may not be made available to any person
 12 or public or private entity except where specifically authorized by the
 13 court; [and]
 14 (iii) when a motion is filed under this paragraph, the court may, upon
 15 the consent of the petitioner and all of the state and local prosecuto-
 16 rial agencies that prosecuted each matter, consolidate into one proceed-
 17 ing a motion to vacate judgments imposed by distinct or multiple crimi-
 18 nal courts; and
 19 (iv) the granting of a motion under this paragraph shall be determined
 20 by the court in consideration of the circumstances and the interest of
 21 justice; or
 22 § 3. This act shall take effect immediately.

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