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

  
  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.