A 1029: Provides immunity from prosecution for certain individuals engaged in prostitution who are victims of or witnesses to a crime and who report such crime or assist in the investigation or prosecution.
The bill provides limited immunity from prosecution for individuals who are victims or witnesses to a crime and have engaged in certain acts related to the crime. This immunity applies to individuals who report the crime, seek medical attention, or assist in the investigation or prosecution of the crime in good faith. The immunity does not apply if the individual has prior knowledge of the crime and reports it after an arrest or investigation. If the individual believes they have met the conditions for immunity, they may request a hearing to determine whether the conditions have been met. If the court determines that the conditions have been met, the charges against the individual will be dismissed. The immunity takes effect sixty days after the bill becomes law and applies to any prosecution pending on or after that date.
| Jun. 17, 2025 | substituted by s3967b |
| Jun. 04, 2025 | amended on third reading 1029b |
| May. 08, 2025 | advanced to third reading cal.123 |
| May. 06, 2025 | reported |
| Mar. 24, 2025 | amend and recommit to codes |
STATE OF NEW YORK ________________________________________________________________________ 1029 2025-2026 Regular Sessions IN ASSEMBLY January 8, 2025 ___________ Introduced by M. of A. KELLES, SEAWRIGHT, SAYEGH, SIMON, STECK, PAULIN, GALLAGHER, VANEL, OTIS, GONZALEZ-ROJAS, EPSTEIN, CRUZ, GLICK, LEVEN- BERG, BURDICK, SHIMSKY, LAVINE, LEMONDES, McDONOUGH, SHRESTHA, MAMDA- NI, REYES, HUNTER, BICHOTTE HERMELYN, FORREST, STERN, DINOWITZ, R. CARROLL, GIBBS, SIMONE, DAIS, CUNNINGHAM, WALKER, DeSTEFANO, WEPRIN, ANDERSON, TAPIA, TAYLOR, MEEKS -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to individuals engaged in prostitution who are victims of or witnesses to a crime The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The penal law is amended by adding a new section 230.45 to 2 read as follows: 3 § 230.45 Immunity from prosecution. 4 This section applies where a person is the victim of or a witness to a 5 crime (including an individual who becomes aware that another person is 6 a victim of a crime), and has engaged or is alleged to have engaged in 7 an act prohibited under section 230.00, 230.03, or 230.40 of this arti- 8 cle at or in reasonable proximity to the time of the crime or under 9 circumstances reasonably related to the crime, and, in good faith, (a) 10 reports the crime to a criminal law enforcement agency, (b) seeks or 11 receives health care services as a result of the crime, or (c) assists 12 or attempts to assist in the investigation or prosecution of the crime. 13 No such victim or witness to the crime shall be charged or prosecuted 14 for the offense under section 230.00, 230.03, or 230.40 of this article. 15 As used in this section, "crime" shall include an act that reasonably 16 appears to be a crime, regardless of whether it results in a conviction 17 as a crime. 18 § 2. This act shall take effect on the sixtieth day after it shall 19 have become a law, and shall apply to any prosecution pending on or 20 after the time it shall take effect. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00064-01-5