Relates to individuals engaged in prostitution who are victims of or witnesses to a crime, the official text

S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3967--B
     Cal. No. 1252
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2025
                                ___________
 
 Introduced  by  Sens.  SEPULVEDA,  CLEARE,  COMRIE, FERNANDEZ, HARCKHAM,
   HOYLMAN-SIGAL, JACKSON, KRUEGER, MATTERA, MAY, MURRAY, MYRIE,  O'MARA,
   RIVERA,  SALAZAR,  SANDERS,  SERRANO,  WEIK  -- read twice and ordered
   printed, and when printed to be committed to the Committee on Codes --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted  to said committee -- reported favorably from said commit-
   tee, ordered to first and second report, ordered to a  third  reading,
   amended  and  ordered  reprinted,  retaining its place in the order of
   third reading
 
 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:
 
   Section 1. The penal law is amended by adding a new section 230.45  to
 read as follows:
 § 230.45 LIMITED IMMUNITY FROM PROSECUTION.
   1.  THIS  SECTION APPLIES WHERE A PERSON IS THE VICTIM OF OR A WITNESS
 TO A CRIME (INCLUDING AN  INDIVIDUAL  WHO  BECOMES  AWARE  THAT  ANOTHER
 PERSON  IS  A  VICTIM OF A CRIME), AND HAS ENGAGED OR IS ALLEGED TO HAVE
 ENGAGED IN AN ACT PROHIBITED UNDER SECTION  230.00  OR  230.03  OF  THIS
 ARTICLE  AT OR IN REASONABLE PROXIMITY TO THE TIME OF THE CRIME OR UNDER
 CIRCUMSTANCES REASONABLY RELATED TO THE CRIME, AND, IN  GOOD  FAITH  BUT
 NOT  PRIOR  TO,  DURING  OR SUBSEQUENT TO AN ARREST OR INVESTIGATION FOR
 SUCH PROHIBITED ACT, (A) REPORTS THE CRIME TO A CRIMINAL LAW ENFORCEMENT
 AGENCY, (B) IF  MEDICALLY  NECESSARY,  SEEKS  OR  RECEIVES  HEALTH  CARE
 SERVICES  AS  A  RESULT  OF  THE CRIME, OR (C) ATTEMPTS TO ASSIST IN THE
 INVESTIGATION OR PROSECUTION OF THE CRIME. NO SUCH VICTIM OR WITNESS  TO
 THE  CRIME  SHALL  BE CHARGED OR PROSECUTED FOR AN OFFENSE UNDER SECTION
 230.00 OR 230.03 OF THIS ARTICLE WHICH IS ALLEGED TO HAVE BEEN COMMITTED
 AT OR IN REASONABLE PROXIMITY TO THE TIME OF THE CRIME OR UNDER  CIRCUM-
 STANCES REASONABLY RELATED TO THE CRIME FOR WHICH THE PERSON IS A VICTIM
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00064-05-5
 S. 3967--B                          2
 
 OR  WITNESS.  AS USED IN THIS SECTION, "CRIME" SHALL INCLUDE AN ACT THAT
 REASONABLY APPEARS TO BE A CRIME, REGARDLESS OF WHETHER IT RESULTS IN  A
 CONVICTION AS A CRIME.
   2.  WHERE  A VICTIM OR WITNESS TO A CRIME BELIEVES THAT THE CONDITIONS
 FOR IMMUNITY PURSUANT TO SUBDIVISION ONE OF THIS SECTION HAVE  BEEN  MET
 AND  SUCH  VICTIM  OR WITNESS HAS BEEN ERRONEOUSLY CHARGED UNDER SECTION
 230.00 OR 230.03 OF THIS ARTICLE, SUCH VICTIM OR WITNESS MAY  REQUEST  A
 HEARING  TO  BE CONDUCTED NO LATER THAN FIFTEEN DAYS AFTER THE CHARGE OR
 CHARGES HAVE BEEN FILED TO MOVE THE COURT TO DECIDE  WHETHER  CONDITIONS
 FOR  IMMUNITY HAVE BEEN MET. AT SUCH HEARING, THE COURT SHALL BE PERMIT-
 TED TO ACCEPT ALL LEGALLY PERMITTED EVIDENCE, INCLUDING LEGALLY  PERMIS-
 SIBLE  HEARSAY,  IN  SUPPORT  OF BOTH PARTIES. IF, AFTER CONDUCTING SUCH
 HEARING, AND BY CLEAR AND CONVINCING EVIDENCE, THE COURT DETERMINES THAT
 THE CONDITIONS FOR IMMUNITY WERE MET, THEN THE CHARGE OR  CHARGES  SHALL
 BE  DISMISSED.  IF,  AFTER CONDUCTING SUCH HEARING, THE COURT DETERMINES
 THAT THE CONDITIONS FOR IMMUNITY WERE NOT MET, THEN  THE  CHARGES  SHALL
 NOT BE DISMISSED AND IMMUNITY SHALL BE DENIED.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law, and shall apply to  any  prosecution  pending  on  or
 after the time it shall take effect.