STATE OF NEW YORK ________________________________________________________________________ 6358 2025-2026 Regular Sessions IN SENATE March 11, 2025 ___________ Introduced by Sen. CLEARE -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law and the criminal procedure law, in relation to enacting the "child sex crime victims protection act" The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "child sex 2 crime victims protection act" or "Sara's law." 3 § 2. Legislative intent. This act shall be construed as prioritizing 4 the successful treatment and rehabilitation of child sex crime victims 5 who commit acts of violence against their abusers, or who committed a 6 crime as the direct result of being a victim of trafficking. It is the 7 legislature's preference that such persons be viewed as child victims 8 and provided with treatment and services rather than transferred into 9 the adult system. 10 § 3. The penal law is amended by adding a new section 60.38 to read as 11 follows: 12 § 60.38 Authorized dispositions; child sex crime victims. 13 Notwithstanding any other provision of law to the contrary, when a 14 person is convicted as an adult of an offense that such person committed 15 when such person was under the age of twenty, and the court finds that 16 either: 17 (a) the individual against whom such person committed such offense 18 trafficked such person as defined by section 230.34 or 230.34-a of this 19 chapter, compelled such person to engage in prostitution as defined by 20 section 230.33 of this chapter, promoted the prostitution of such person 21 in the first degree as defined by section 230.32 of this chapter, 22 promoted the prostitution of such person in the second degree as defined 23 by section 230.30 of this chapter, or committed a sex offense against 24 such person as defined by article one hundred thirty of this chapter 25 prior to or during the commission of such offense; or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00619-04-5
S. 6358 2 1 (b) the individual who committed such offense did so as a direct 2 result of being a victim of trafficking as defined by section 135.35, 3 230.30, 230.32, 230.33, 230.34-a, or 230.34 of this chapter; 4 the court may: 5 1. depart from any mandatory minimum sentence, maximum sentence, or 6 sentencing enhancement; 7 2. suspend any portion of an otherwise applicable sentence; or 8 3. if the individual was under the age of eighteen at the time of the 9 commission of the offense, transfer such person back to the jurisdiction 10 of the family court for disposition pursuant to article seven hundred 11 twenty-five of the criminal procedure law. 12 § 4. Section 722.22 of the criminal procedure law is amended by adding 13 a new subdivision 1-a to read as follows: 14 1-a. After a motion by a juvenile offender, pursuant to subdivision 15 five of section 722.20 of this article, or after arraignment of a juve- 16 nile offender upon an indictment: 17 (a) the juvenile offender may request a hearing to determine: 18 (i) if the individual against whom such juvenile offender committed 19 such offense committed a child sex crime against such juvenile offender 20 prior to or during the commission of such offense; or 21 (ii) if the juvenile offender committed such offense as a direct 22 result of being a victim of trafficking as defined by section 135.35, 23 230.30, 230.32, 230.33, 230.34, or 230.34-a of the penal law; and 24 (b) the court shall, on motion of any party or on its own motion, 25 order removal of the action to the family court pursuant to the 26 provisions of article seven hundred twenty-five of this title, if, after 27 such hearing, it is proven by a preponderance of the evidence that: 28 (i) the individual against whom such juvenile offender committed such 29 offense trafficked such juvenile offender as defined by section 230.34 30 or 230.34-a of the penal law, compelled such juvenile offender to engage 31 in prostitution as defined by section 230.33 of the penal law, promoted 32 the prostitution of such juvenile offender in the first degree as 33 defined by section 230.32 of the penal law, promoted the prostitution of 34 such juvenile offender in the second degree as defined by section 230.30 35 of the penal law, or committed a sex offense against such juvenile 36 offender as defined by article one hundred thirty of the penal law prior 37 to or during the commission of such offense; or 38 (ii) the juvenile offender committed such offense as a direct result 39 of being a victim of trafficking as defined by section 135.35, 230.30, 40 230.32, 230.33, 230.34-a, or 230.34 of the penal law. 41 § 5. Section 722.23 of the criminal procedure law is amended by adding 42 a new subdivision 2-a to read as follows: 43 2-a. Following the arraignment of a defendant charged with an offense 44 committed when such defendant was under eighteen years of age: 45 (a) the defendant may request a hearing to determine if, prior to or 46 during the commission of such offense: 47 (i) the individual against whom the defendant committed such offense 48 committed a child sex crime against the defendant; or 49 (ii) the defendant committed such offense as a direct result of being 50 a victim of trafficking as defined by section 135.35, 230.30, 230.32, 51 230.33, 230.34, or 230.34-a of the penal law; and 52 (b) the court shall order removal of the action to the family court 53 pursuant to the provisions of article seven hundred twenty-five of this 54 title, if, after such hearing, it is proven by a preponderance of the 55 evidence that, prior to the commission of such offense by such defend- 56 ant:
S. 6358 3 1 (i) the individual against whom the defendant committed such offense 2 trafficked such defendant as defined by section 230.34 or 230.34-a of 3 the penal law, compelled such defendant to engage in prostitution as 4 defined by section 230.33 of the penal law, promoted the prostitution of 5 such defendant in the first degree as defined by section 230.32 of the 6 penal law, promoted the prostitution of such defendant in the second 7 degree as defined by section 230.30 of the penal law, or committed a sex 8 offense against such defendant as defined by article one hundred thirty 9 of the penal law; or 10 (ii) that the defendant committed such offense as a direct result of 11 being a victim of trafficking as defined by section 135.35, 230.30, 12 230.32, 230.33, 230.34, or 230.34-a of the penal law. 13 § 6. The criminal procedure law is amended by adding a new section 14 440.48 to read as follows: 15 § 440.48 Motion for resentence; child sex crime victims. 16 1. (a) Notwithstanding any other provision of law to the contrary, any 17 person who is confined in an institution operated by the department of 18 correction and community supervision and serving a sentence for an 19 offense committed prior to the effective date of this section may submit 20 to the judge or justice who originally sentenced such person for such 21 offense an application to be resentenced to a determinate sentence 22 pursuant to section 60.38 of the penal law if such person is eligible 23 for an alternative sentence as a person convicted as an adult of an 24 offense committed when such person was under twenty years of age pursu- 25 ant to section 60.38 of the penal law; and 26 (i) the individual against whom such person committed such crime traf- 27 ficked such person as defined by section 230.34 or 230.34-a of the penal 28 law, compelled such person to engage in prostitution as defined by 29 section 230.33 of the penal law, promoted the prostitution of such 30 person in the first degree as defined by section 230.32 of the penal 31 law, promoted the prostitution of such person in the second degree as 32 defined by section 230.30 of the penal law, or committed a sex offense 33 against such person as defined by article one hundred thirty of the 34 penal law; or 35 (ii) the defendant committed such offense as a direct result of being 36 a victim of trafficking as defined by section 135.35, 230.30, 230.32, 37 230.33, 230.34, or 230.34-a of the penal law. 38 (b) An application to be resentenced to a determinate sentence submit- 39 ted pursuant to paragraph (a) of this subdivision shall include documen- 40 tation proving that such person is: 41 (i) confined in an institution operated by the department of 42 corrections and community supervision and is serving a sentence for an 43 offense committed prior to the effective date of this section; and 44 (ii) eligible for an alternative sentence as a person convicted as an 45 adult of an offense committed when such person was under eighteen years 46 of age pursuant to section 60.38 of the penal law. 47 (c) If, at the time of such person's request to apply for resentencing 48 pursuant to this section, the judge or justice who originally sentenced 49 such person is a judge or justice of a court of competent jurisdiction, 50 but such court is not the court in which such person was originally 51 sentenced, then the request shall be randomly assigned to another judge 52 or justice of the court in which such person was originally sentenced. 53 If the judge or justice who originally sentenced such person is no long- 54 er a judge or justice of a court of competent jurisdiction, then the 55 request shall be randomly assigned to another judge or justice of the 56 court in which such person was originally sentenced.
S. 6358 4 1 (d) If the court finds that such person is eligible to apply for 2 resentencing pursuant to this section, the court shall notify such 3 person that such person may submit an application for resentencing. Upon 4 such notification, the person may request that the court assign an 5 attorney to such person for the preparation of and proceedings on the 6 application for resentencing submitted pursuant to this section. The 7 attorney shall be assigned pursuant to the applicable provisions of 8 section seven hundred twenty-two and article eighteen-A of the county 9 law. 10 (e) If the court finds that such person is not eligible to apply for 11 resentencing pursuant to this section, the court shall notify such 12 person of such ineligibility and dismiss such person's request to apply 13 for resentencing without prejudice. 14 2. (a) Upon receipt of an application for resentencing, the court 15 shall promptly notify the appropriate district attorney and provide such 16 district attorney with a copy of such application. 17 (b) If the judge or justice who receives such person's application for 18 resentencing is not the judge or justice who originally sentenced such 19 person, such application may be referred to the judge or justice who 20 originally sentenced such person; provided, however, that the judge or 21 justice who originally sentenced such person is a judge or justice of a 22 court of competent jurisdiction; and provided, further, that the person 23 applying for resentencing and the district attorney agree that such 24 application should be referred. 25 3. (a) If the court finds that such person has met the requirements of 26 this section, the court shall conduct a hearing to determine whether to 27 approve or deny such person's application for resentencing. At such 28 hearing, the court shall determine any controverted issue of fact rele- 29 vant to the issue of sentencing. Reliable hearsay shall be admissible at 30 such hearings. 31 (b) If the court denies such person's application for resentencing, 32 the court shall notify such person of such denial and shall enter an 33 order to that effect. 34 (c) If the court approves such person's application for resentencing, 35 the court shall notify such person that, unless such person withdraws 36 the application or appeals from such approval, the court shall enter an 37 order vacating the sentence originally imposed and impose the new 38 sentence pursuant to section 60.38 of the penal law. Such approval may 39 be based on the grounds that any order issued by a court pursuant to 40 this subdivision must include written findings of fact and the reasons 41 for such order. 42 4. (a) An appeal may be taken as of right pursuant to this chapter: 43 (i) from an order denying such person's application for resentencing; 44 (ii) from a new sentence imposed pursuant to paragraph (c) of subdivi- 45 sion three of this section on the grounds that the term of the new 46 sentence is harsh or excessive or is unauthorized as a matter of law; or 47 (iii) from an order specifying and informing such person of the term 48 of the determinate sentence the court would impose upon resentencing on 49 the ground that the term of the proposed sentence is harsh or excessive. 50 (b) Upon remand to the sentencing court following such appeal, the 51 person applying for resentencing shall be given an opportunity to with- 52 draw such application before any resentence is imposed. Such person may 53 request that the court assign an attorney to such person for the prepa- 54 ration of and proceedings on any appeals regarding such person's appli- 55 cation for resentencing pursuant to this section. The attorney shall be
S. 6358 5 1 assigned pursuant to the applicable provisions of section seven hundred 2 twenty-two and article eighteen-A of the county law. 3 5. In calculating the new term to be served by such person applying 4 for resentencing pursuant to section 60.38 of the penal law, such person 5 shall be credited for any period of incarceration credited toward: 6 (a) the subject conviction; and 7 (b) the sentence originally imposed. 8 § 7. This act shall take effect immediately.