Sex Trafficking
LAWS OF NEW YORK, 2010
CHAPTER 332

AN ACT to amend the criminal procedure law, in relation to victims of
sex trafficking convicted of prostitution offenses

Became a law August 13, 2010, with the approval of the Governor.
Passed by a two-thirds vote.

The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:

Section 1. Paragraph (h) of subdivision 1 of section 440.10 of the
criminal procedure law is amended and a new paragraph (i) is added to
read as follows:

(h) The judgment was obtained in violation of a right of the defend-
ant under the constitution of this state or of the United States[.]; or
(i) The judgment is a conviction where the arresting charge was under
section 240.37 (loitering for the purpose of engaging in a prostitution
offense, provided that the defendant was not alleged to be loitering for
the purpose of patronizing a prostitute or promoting prostitution) or
230.00 (prostitution) of the penal law, and the defendant's partic-
ipation in the offense was a result of having been a victim of sex traf-
ficking under section 230.34 of the penal law or trafficking in persons
under the Trafficking Victims Protection Act (United States Code, title
22, chapter 78); provided that
(i) a motion under this paragraph shall be made with due diligence,
after the defendant has ceased to be a victim of such trafficking or has
sought services for victims of such trafficking, subject to reasonable
concerns for the safety of the defendant, family members of the defend-
ant, or other victims of such trafficking that may be jeopardized by the
bringing of such motion, or for other reasons consistent with the
purpose of this paragraph; and
(ii) official documentation of the defendant's status as a victim of
sex trafficking or trafficking in persons at the time of the offense
from a federal, state or local government agency shall create a presump-
tion that the defendant's participation in the offense was a result of
having been a victim of sex trafficking or trafficking in persons, but
shall not be required for granting a motion under this paragraph.

§ 2. Paragraph (b) of subdivision 2 of section 440.10 of the criminal
procedure law is amended to read as follows:

(b) The judgment is, at the time of the motion, appealable or pending
on appeal, and sufficient facts appear on the record with respect to the
ground or issue raised upon the motion to permit adequate review thereof
upon such an appeal. This paragraph shall not apply to a motion under
paragraph (i) of subdivision one of this section
; or

§ 3. Paragraph (a) of subdivision 3 of section 440.10 of the criminal
procedure law is amended to read as follows:

(a) Although facts in support of the ground or issue raised upon the
motion could with due diligence by the defendant have readily been made
to appear on the record in a manner providing adequate basis for review
of such ground or issue upon an appeal from the judgment, the defendant

CHAP. 332 2

unjustifiably failed to adduce such matter prior to sentence and the
ground or issue in question was not subsequently determined upon appeal.
This paragraph does not apply to a motion based upon deprivation of the
right to counsel at the trial or upon failure of the trial court to
advise the defendant of such right, or to a motion under paragraph (i)
of subdivision one of this section
; or

§ 4. Subdivision 4 of section 440.10 of the criminal procedure law is
amended to read as follows:

4. If the court grants the motion, it must, except as provided in
subdivision five or six of this section, vacate the judgment, and must
dismiss the accusatory instrument, or order a new trial, or take such
other action as is appropriate in the circumstances.

§ 5. Subdivisions 6 and 7 of section 440.10 of the criminal procedure
law are renumbered subdivisions 7 and 8 and a new subdivision 6 is added
to read as follows:

6. If the court grants a motion under paragraph (i) of subdivision one
of this section, it must vacate the judgment and dismiss the accusatory
instrument, and may take such additional action as is appropriate in the
circumstances.

§ 6. This act shall take effect immediately and shall apply to
convictions taking place before or after it takes effect.


The Legislature of the STATE OF NEW YORK ss:
Pursuant to the authority vested in us by section 70-b of the Public
Officers Law, we hereby jointly certify that this slip copy of this
session law was printed under our direction and, in accordance with such
section, is entitled to be read into evidence.


MALCOLM A. SMITH
Temporary President of the Senate

SHELDON SILVER
Speaker of the Assembly


EXPLANATION--Matter in italics is new; matter in brackets [ ] is old law to be omitted.