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A00118 Summary:

BILL NOA00118B
 
SAME ASSAME AS S06185-A
 
SPONSORPaulin
 
COSPNSRGottfried, Pichardo, Otis
 
MLTSPNSR
 
Amd §995, Exec L
 
Specifies that a person convicted of prostitution, or a person whose participation in the offense is determined by a court to be a result of having been a victim of sex trafficking is excluded from the definition of designated offender.
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A00118 Actions:

BILL NOA00118B
 
01/06/2021referred to codes
03/18/2021amend (t) and recommit to codes
03/18/2021print number 118a
03/24/2021reported
03/25/2021advanced to third reading cal.190
05/25/2021amended on third reading 118b
06/03/2021passed assembly
06/03/2021delivered to senate
06/03/2021REFERRED TO RULES
06/10/2021SUBSTITUTED FOR S6185A
06/10/20213RD READING CAL.1746
06/10/2021PASSED SENATE
06/10/2021RETURNED TO ASSEMBLY
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A00118 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A118B
 
SPONSOR: Paulin
  TITLE OF BILL: An act to amend the executive law, in relation to the definition of designated offender   PURPOSE: To exempt victims of sex trafficking from the requirement to provide a DNA sample for inclusion in the state DNA identification index.   SUMMARY OF PROVISIONS: Section one amends subdivision 7 of section 995 of the Executive Law, as amended by Chapter 19 of the Laws of 2012, to provide that the defi- nition of designated offender shall not include (a) a person convicted of prostitution under section 230.00 of the penal law, or (b) a person whose participation in the offense is determined by a court to have been a result of having been a victim of sex trafficking under section 230.34 of the penal law, sex trafficking of a child under section 230.34-a of the penal law, or trafficking in persons under the Trafficking Victims Protection Act (United States Code, title 22, chap- ter 78). Section two provides the effective date.   JUSTIFICATION: Pursuant to section 995-c (3)(a) of the Executive Law, a designated offender convicted and sentenced for a crime is required to provide a sample appropriate for DNA testing to determine identification charac- teristics specific to such person and to be included in the state's DNA identification index. New York has been a leader in enacting laws that recognize that sexually exploited persons should be treated as victims and not as criminals, including most recently by passing and having signed into law the comprehensive Trafficking Victims Protection and Justice Act (Chapter 368 of the Laws of 2015) and legislation to require courts to waive payment by sex trafficking victims of a mandatory surcharge, crime victim assistance fee and DNA databank fee where the victim is convicted of a misdemeanor or a violation (Ch. 385 of the Laws of 2014 and Ch. 426 of the Laws of 2015). As we have learned, a young woman may be forced to engage in prostitu- tion by her sex trafficker. Although she faces conviction, she may not be prepared, for a variety of reasons, to seek or receive services, primarily because she is still under the control of her exploiter and does not believe she can escape her situation. Accordingly, she may decide, for example, to plead guilty to a misdemeanor offense of loiter- ing for the purpose of engaging in prostitution to be able to return to the streets. This legislation will exclude from the definition of a designated offen- der a person convicted of prostitution or a person whose participation in the offense the court determines was a result of having been a sex trafficking victim under federal or New York state trafficking law. By stating that these victims are not designated offenders, these victims will not be required to provide DNA samples to be included in the state DNA identification database. We have been steadfast in our commitment to the principle that a person who is commercially sexually exploited is a victim, and must not be treated as a criminal. However, by continuing to require sex trafficking victims to provide DNA samples following conviction, we run afoul of that commitment and we treat these victims as criminals. These victims have entered our criminal justice system by virtue of their enslavement at the hands of their traffickers. The basic human rights of sex trafficking victims have already been violated by their traffickers; we should not compound the further violation of their rights by requiring a DNA sample.   LEGISLATIVE HISTORY: 2020: A.459A Ordered to Third Reading/ S.3370A Referred to Internet and Technology 2019: A.459A Passed Assembly /5.3370A Amended and Recommitted to Codes 2018: A.1030 Passed Assembly /S.5145 Referred to Finance 2017: A.1030 Passed Assembly /S.5145 Committed to Rules 2016: A.9306 Advanced to Third Reading/ S.7069 Committed to Rules   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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A00118 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         118--B
                                                                Cal. No. 190
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 6, 2021
                                       ___________
 
        Introduced  by  M.  of A. PAULIN, GOTTFRIED, PICHARDO, OTIS -- read once
          and referred to the Committee on Codes -- committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee -- reported from committee, advanced to a third  reading,  amended
          and ordered reprinted, retaining its place on the order of third read-
          ing
 
        AN  ACT  to  amend  the  executive law, in relation to the definition of
          designated offender
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision  7  of  section  995 of the executive law, as
     2  amended by chapter 92 of the  laws  of  2021,  is  amended  to  read  as
     3  follows:
     4    7.  "Designated  offender"  means  a  person  convicted  of any felony
     5  defined in any chapter of the laws  of  the  state  or  any  misdemeanor
     6  defined  in the penal law except: (a) a person convicted of prostitution
     7  under section 230.00 of the penal law, or (b)  a  person  whose  partic-
     8  ipation in the offense is determined by a court to have been a result of
     9  having  been  a  victim  of  sex trafficking under section 230.34 of the
    10  penal law, sex trafficking of a child  under  section  230.34-a  of  the
    11  penal  law,  or  trafficking  in  persons  under the trafficking victims
    12  protection act (United States Code, Title 22, Chapter 78).
    13    § 2. This act shall take effect immediately.
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02024-04-1
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