STATE OF NEW YORK ________________________________________________________________________ 3040 2025-2026 Regular Sessions IN SENATE January 23, 2025 ___________ Introduced by Sen. HOYLMAN-SIGAL -- 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 the former crime of loitering for the purpose of engaging in a prostitution offense and expunging criminal records for persons previously convicted of such crime The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 160.50 of the criminal procedure law is amended by 2 adding a new subdivision 6 to read as follows: 3 6. (a) A conviction for an offense described in former section 240.37 4 of the penal law as such section was in effect on February first, two 5 thousand twenty-one shall, on and after the effective date of this 6 subdivision, in accordance with the provisions of this paragraph, be 7 vacated and dismissed, and all records of such conviction or convictions 8 and related to such conviction or convictions shall be expunged, as 9 described in subdivision forty-five of section 1.20 of this chapter, and 10 the matter shall be considered terminated in favor of the accused and 11 deemed a nullity, having been rendered by this paragraph legally inval- 12 id. All such records for an offense described in this paragraph where 13 the conviction was entered on or before the effective date of the chap- 14 ter of the laws of two thousand twenty-five that added this subdivision 15 shall be expunged promptly and, in any event, no later than one year 16 after such effective date. 17 (b) Commencing upon the effective date of this subdivision: 18 (i) the chief administrator of the courts shall promptly notify the 19 commissioner of the division of criminal justice services and the heads 20 of all appropriate police departments, district attorney's offices and 21 other law enforcement agencies of all convictions that have been vacated 22 and dismissed pursuant to paragraph (a) of this subdivision and that all 23 records related to such convictions shall be expunged and the matter EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02100-01-5
S. 3040 2 1 shall be considered terminated in favor of the accused and deemed a 2 nullity, having been rendered legally invalid. Upon receipt of notifi- 3 cation of such vacatur, dismissal and expungement, all records relating 4 to such conviction or convictions, or the criminal action or proceeding, 5 as the case may be, shall be marked as expunged by conspicuously indi- 6 cating on the face of the record and on each page or at the beginning of 7 the digitized file of the record that the record has been designated as 8 expunged. Upon the written request of the individual whose case has been 9 expunged or their designated agent, such records shall be destroyed. 10 Such records and papers shall not be made available to any person, 11 except the individual whose case has been expunged or such person's 12 designated agent; and 13 (ii) where automatic vacatur, dismissal, and expungement, including 14 record destruction if requested, is required by this subdivision but any 15 record of the court system in this state has not yet been updated to 16 reflect same: 17 (A) notwithstanding any other provision of law except as provided in 18 paragraph (d) of subdivision one of this section and paragraph (e) of 19 subdivision four of section eight hundred thirty-seven of the executive 20 law: 21 (1) when the division of criminal justice services conducts a search 22 of its criminal history records, maintained pursuant to subdivision six 23 of section eight hundred thirty-seven of the executive law, and returns 24 a report thereon, all references to a conviction for an offense 25 described in paragraph (k) of subdivision three of this section shall be 26 excluded from such report; and 27 (2) the chief administrator of the courts shall develop and promulgate 28 rules as may be necessary to ensure that no written or electronic report 29 of a criminal history record search conducted by the office of court 30 administration contains information relating to a conviction for an 31 offense described in paragraph (k) of subdivision three of this section; 32 and 33 (B) where court records relevant to such matter cannot be located or 34 have been destroyed, and a person or the person's attorney presents to 35 an appropriate court employee a fingerprint record of the New York state 36 division of criminal justice services, or a copy of a court disposition 37 record or other relevant court record, which indicates that a criminal 38 action or proceeding against such person was terminated by conviction of 39 an offense described in paragraph (k) of subdivision three of this 40 section, then promptly, and in any event within thirty days after such 41 notice to such court employee, the chief administrator of the courts or 42 such chief administrator's designee shall assure that such vacatur, 43 dismissal, and expungement, including record destruction if requested, 44 have been completed in accordance with subparagraph (i) of this para- 45 graph. 46 (c) Vacatur, dismissal and expungement as set forth in this subdivi- 47 sion shall be without prejudice to any person or such person's attorney 48 seeking further relief pursuant to article four hundred forty of this 49 chapter or any other law. Nothing in this section is intended or shall 50 be interpreted to diminish or abrogate any right or remedy otherwise 51 available to any person. 52 (d) The office of court administration, in conjunction with the divi- 53 sion of criminal justice services, shall develop an affirmative informa- 54 tion campaign and widely disseminate to the public, through its website, 55 public service announcements and other means, in multiple languages and 56 through multiple outlets, information concerning the expungement and
S. 3040 3 1 vacatur of loitering for the purposes of prostitution convictions estab- 2 lished by the chapter of the laws of two thousand twenty-five that added 3 this subdivision, including, but not limited to, the automatic expunge- 4 ment of certain past convictions, the means by which an individual may 5 file a motion for vacatur, dismissal and expungement of certain past 6 convictions, and the impact of such changes on such person's criminal 7 history records. 8 § 2. The opening paragraph of subdivision 1, subdivision 2 and para- 9 graph (a) of subdivision 3 of section 170.80 of the criminal procedure 10 law, the opening paragraph of subdivision 1 as amended by chapter 23 of 11 the laws of 2021, and subdivision 2 as amended and paragraph (a) of 12 subdivision 3 as added by chapter 402 of the laws of 2014, are amended 13 to read as follows: 14 Notwithstanding any other provision of law, at any time at or after 15 arraignment on a charge of prostitution pursuant to section 230.00 of 16 the penal law, except where, after consultation with counsel, a knowing 17 and voluntary plea of guilty has been entered to such charge, any judge 18 or justice hearing any stage of such case may, upon consent of the 19 defendant after consultation with counsel: 20 2. In the event of a conviction by plea or verdict to such charge or 21 charges of prostitution [or loitering for the purposes of prostitution] 22 as described in subdivision one of this section, the court must find 23 that the person is a youthful offender for the purpose of such charge 24 and proceed in accordance with article seven hundred twenty of this 25 chapter, provided, however, that the available sentence shall be the 26 sentence that may be imposed for a violation as defined in subdivision 27 three of section 10.00 of the penal law. In such case, the records of 28 the investigation and proceedings relating to such charge shall be 29 sealed in accordance with section 720.35 of this chapter. 30 (a) When a charge of prostitution [or loitering for the purposes of 31 prostitution] has been conditionally converted to a person in need of 32 supervision proceeding pursuant to subdivision one of this section, the 33 defendant shall be deemed a "sexually exploited child" as defined in 34 subdivision one of section four hundred forty-seven-a of the social 35 services law and therefore shall not be considered an adult for purposes 36 related to the charges in the person in need of supervision proceeding. 37 Sections seven hundred eighty-one, seven hundred eighty-two, seven 38 hundred eighty-two-a, seven hundred eighty-three and seven hundred 39 eighty-four of the family court act shall apply to any proceeding condi- 40 tionally converted under this section. 41 § 3. Subparagraph (iv) of paragraph (k) of subdivision 3 of section 42 160.50 of the criminal procedure law, as amended by chapter 92 of the 43 laws of 2021, is amended to read as follows: 44 (iv) the conviction was for an offense defined in former section 45 240.37 of the penal law; or 46 § 4. This act shall take effect immediately.