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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A255A
SPONSOR: Gottfried TITLE OF BILL:
An act to amend the penal law, in relation to individuals engaged in
prostitution who are victims of or witnesses to a crime
PURPOSE OR GENERAL IDEA OF BILL:
To encourage sex workers who are crime victims and witnesses to seek
help without fear of being prosecuted for prostitution.
SUMMARY OF PROVISIONS:
Section 1 creates a new Penal Law § 230.45 to provide immunity from
prosecution under § 230.00 (prostitution), § 230.03 (prostitution in a
school zone), and § 230.40 (permitting prostitution) to victims of and
witnesses to crimes under the following circumstances: when the victim
or witness reports the crime to a law enforcement agency, seeks or
receives health care services, or aids in the investigation of the
crime.
Section 2 is the effective date, 60 days after it becomes a law.
JUSTIFICATION:
Because of our laws, sex workers work in an inherently criminal environ-
ment in which they are often targeted for violence. They often don't
report violent crimes or seek medical attention because they fear being
prosecuted for prostitution. Attackers exploit this fear and commit
heinous crimes with impunity, solely because of the nature of their
victims' work.
This bill protects a victim or witness to a crime from prosecution for
prostitution, prostitution in a school zone, or permitting prostitution
(which is what a roommate would be charged with) when they seek help.
The concept is similar to the so-called "Good Samaritan" law we enacted
in 2011 to protect people who seek help for someone suffering an over-
dose.
We all deserve the right to seek safety and health care services. It is
in the public interest to encourage victims and witnesses to come
forward and aid law enforcement. This bill will help deter violent crime
and protect vulnerable New Yorkers.
PRIOR LEGISLATIVE HISTORY:
2019-2020: A.8869 referred to Rules committee
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect 60 days after it shall have become a law, and
shall apply to any prosecution pending on or after the time it shall
take effect.
STATE OF NEW YORK
________________________________________________________________________
255--A
2021-2022 Regular Sessions
IN ASSEMBLY(Prefiled)
January 6, 2021
___________
Introduced by M. of A. GOTTFRIED, SEAWRIGHT, SAYEGH, BARRON, SIMON,
STECK, QUART, PAULIN, GALLAGHER -- read once and referred to the
Committee on Codes -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
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 chap-
8 ter 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 chapter.
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.
LBD00486-02-1
