Bill > S00674

This bill expands the existing law in New York that allows for the vacation of convictions for offenses resulting from sex trafficking, labor trafficking, and compelling prostitution. Specifically, it: 1. Extends the vacatur relief beyond just prostitution-related offenses to a broader range of offenses that may have resulted from such trafficking or compelling. 2. Removes the requirement that the motion for vacatur be made with "due diligence" and provides that documentation of the defendant's status as a victim of trafficking or compelling prostitution at the time of the offense creates a presumption that their participation was a result of being a victim. 3. Mandates that the motion and related records be kept confidential, and allows for the consolidation of multiple vacatur motions into a single proceeding with the consent of the petitioner and all prosecutorial agencies. 4. Specifies that if a motion for vacatur is granted under the expanded provisions, the court must vacate the judgment on the merits because the defendant's participation was a result of being a trafficking victim.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2021/S674