This is the additional allotment of a analysis of new bent apology legislation (see “New Bent Apology Legislation: Allotment 1,” N.Y.L.J. (Oct. 5, 2018). In some instances, area indicated, legislation allowable by both houses is apprehension the Governor’s signature and, of course, the clairvoyant charge analysis to actuate whether the bill is ultimately active by the Governor.
Each year, the Legislature enacts new crimes, apology the analogue of absolute crimes and increases the penalties of others—and this year was no exception. For example, in an accomplishment to acclimate animal trafficking laws, the Legislature allowable a new crime, Sex Trafficking of a Child, a chic B abomination (L. 2018, Ch. 189, eff. Nov. 14, 2018).
Although New York has allowable cogent trafficking laws back 2007, the Legislature has now taken accomplish to strengthen the law apropos to victims of trafficking who are beneath the age of 18. Beneath the new law, a actuality is accusable of trafficking of a adolescent back he or she, actuality twenty-one years old or more, carefully advances or profits from the corruption of a adolescent beneath than eighteen years old. Significantly, the prosecutor charge no best prove that the baron acclimated force, artifice or browbeating to accomplish the crime.
Knowledge by the actor of the age of the adolescent is not an aspect of the breach and it is not a aegis that the actor did not apperceive the age of the adolescent or believed such age to be greater than 18. The law additionally creates an acknowledging aegis to the new abomination area such person’s accord in the breach was a aftereffect of accepting been a victim of trafficking beneath New York or federal law. Thus, a trafficking victim will not be punished if he or she has been accountable by his or her baron to accept a role, such as answering buzz calls, relaying letters or attractive afterwards adolescent trafficking victims, that he or she would not accept affected had he or she not been a trafficking victim herself.
A additional new abomination will assure individuals who appoint caregivers for one’s children. The new crime—Misrepresentation by, or on account of, a Caregiver for a Adolescent or Children—will accomplish it actionable to accomplish a apocryphal accounting account that misrepresents an applicant’s accomplishments for application as a caregiver (L. 2018, Ch. 195, eff. Oct. 15, 2018). The legislation defines “caregiver” as accession who provides 15 or added hours of affliction per week. It should be acclaimed that the new abomination is an characterless misdemeanor, accouterment for a appellation of imprisonment of up to six months in jail.
Under a new law, badge admiral can now be prosecuted for accepting with bodies in their custody. Beneath the amendment, back a actuality is beneath arrest, in apprehension or contrarily in absolute custody, that actuality is accurately erfingers of giving accord to animal action with a badge administrator (L. 2018, Ch. 55, eff. June 11, 2018).
Merchants in beautician shops, beard salons and adorableness shops will account from an alteration to the Annexation of Casework law. The law currently protects assertive business, e.g., restaurants, cable services, companies, hotels, electric companies, etc., but a actuality who leaves a barbershop or adorableness salon afterwards advantageous cannot be prosecuted for annexation of services. Beneath the new law, that has now afflicted (L. 2018, Ch. 275, effective Dec. 24, 2018).
The Legislature has additionally responded to the dangers of hazing rituals at academy fraternities in which aqueous injuries and deaths accept occurred. Beneath an alteration to the hazing statutes, concrete conduct and concrete activities are banned during a person’s admission into these types of organizations (L. 2018, Ch. 188, eff. Aug. 15, 2018).
Finally, the abomination of Browbeating has been restructured. Currently, the abomination is delineated as an A abomination (2nd Degree) and D abomination (1st Degree). Beneath the new legislation, the abomination is delineated as an A abomination (3rd Degree), E abomination (2nd Degree) and D abomination (1st Degree). A actuality is accusable of the new abomination of Browbeating in the Additional Degree back he or she commits the abomination of Browbeating in the Third Degree and compels or induces a actuality to appoint in animal intercourse, articulate animal conduct or anal animal conduct (L. 2018, Ch. 55, eff. Nov. 1, 2018).
A cardinal of procedural changes were allowable in the aftermost aldermanic session. In 2013, New York accompaniment implemented the Animal Trafficking Intervention Cloister (HTIC) establishing eleven courts throughout the state—one for anniversary of the bristles counties in New York City and six others about the state. Unlike biologic courts, however, which were created to act as focal credibility for the biologic caseloads for their corresponding counties, four of the six HTIC courts alfresco of New York City abridgement administration to apprehend cases that arise alfresco of the bounded bent courts area they are physically situated.
In adjustment to aggrandize the administration of these courts—in Wester, Erie, Monroe and Onondaga counties—new legislation permits the abatement of corruption cases apprehension in the bounded bent cloister to accession bounded bent cloister in the aforementioned canton or, with the accord of the prosecutor, to a animal trafficking cloister in an adjourning canton (L. 2018, Ch. 191, eff. Aug. 16, 2018).
Another alteration will admittance boondocks and apple justices to administer over their courts alfresco their corresponding towns and villages for the bound purpose of authoritative over an off-hours allegation allotment accustomed in accession city amid in the aforementioned canton (L. 2018, Ch. 231, eff. Aug. 24, 2018).
New legislation will affect the accretion of funds by a prosecutor above-mentioned to the filing of an accusatory apparatus in a bent case. The new law applies alone to the bristles District Attorneys in New York City area a “pre-criminal proceeding settlement” has been accomplished (L. 2018, Ch. 55, eff. April 12, 2018). Afterwards any afflicted parties accept been appropriately compensated, the prosecutor will be able to absorb a assertive allotment of the funds in acceptance that such monies were recovered as a aftereffect of the analysis undertaken by that office.
The new law creates a blueprint for the allotment of funds that can be retained by the prosecutor, alpha with 10 percent of the aboriginal 25 actor dollars and up to 1 percent in balance of one hundred actor dollars. Monies retained by a prosecutor pursuant to this law charge be acclimated to enhance law administration efforts aural New York state.
Victims of crimes will account from several new laws. For example, victims of animal assaults will now be provided a archetype of a Victim’s Bill of Rights afore the victim can be interviewed by the badge or case or accustomed a concrete assay (S. 8977, apprehension the Governor’s signature). These rights accommodate the adapted to accept a abduction crisis adumbrative present during the interview, the adapted to be notified by the prosecutor about the advance of the case and the adapted to adjudge whether or not to address the breach to the police.
In addition, animal advance affirmation kits charge now be maintained for 20 years. Area the affirmation is privileged, the babysitter of the affirmation cannot absolution the affirmation to law administration afterwards accounting accord from the victim (L. 2018, Ch. 57, eff. April 12, 2018).
Other laws aggrandize the advertisement of assertive crimes. Beneath accepted law, an adventure of adolescent corruption at a accessible academy charge be appear by academy advisers to academy administrators who must, in turn, acquaint the child’s parents. That affirmation has now been broadcast to clandestine schools (S. 7372, apprehension the Governor’s signature). In addition, back a case for a breach has commenced adjoin a academy agent (private or public), the prosecutor charge acquaint the academy administrator or administrator; there is no affirmation that the abomination charge accept occurred in the academy (L. 2018, Ch. 233, eff. Aug. 24, 2018).
Victims of calm abandon will account from a new law that expands the cardinal of misdemeanors that, aloft conviction, disqualify a actor from possessing a firearm, burglarize or shotgun (L. 2018, Ch. 60, eff. June 11, 2018). Beneath this amendment, the cardinal of disqualifying offenses has added from four to thirteen, although one offense, active affecting (P.L. §130.52), is no best a disqualifying offense. In addition, the statute utilizes a broader analogue of “members of the aforementioned ancestors or household” in adjustment to disqualify a actor from possessing a firearm afterwards actuality convicted.
The statute additionally requires a cloister to ask a actor who has been bedevilled of a abomination or “serous offense” if he or she owns or possesses any firearms, rifles or shotguns and to adjustment the actual abandonment of such weapons. Finally, aloft arising an Adjustment of Protection or Temporary Adjustment of Protection, a cloister is now accustomed to adjustment the abandonment of firearms, rifles, or shotguns.
Battered women and accouchement can now be reimbursed for apartment costs and abomination arena cleanup costs (L. 2018, Ch. 204, eff. Feb. 18, 2019). In addition, victims of offenses will now be able to book a affirmation with the Abomination Victim Board by filing official abstracts added than badge reports; this will administer to victims of offenses beneath Article 130 and added defined crimes. This alteration reflects the compassionate that abounding abomination victims may not be emotionally accessible to go to the badge to address crimes of this attributes (L. 2018, Ch. 295, eff. Oct. 31, 2018).
Victims of animal trafficking will account from two added new laws. First, survivors of these crimes will be provided concise and abiding safe abode residential facilities, operated by not-for-profit agencies. A victim can be placed in these accessories alike if he or she is complex in a proceeding which has not accomplished final disposition or is not alike complex in a apprehension proceeding (L. 2018, Ch. 238, eff. Dec. 22, 2018). Second, hotels and motels will now be adapted to affectation advisory cards, in apparent view, anecdotic casework for animal trafficking victims (L. 2018, Ch. 190, eff. Oct. 14, 2018).
Finally, a new law ensures that victims of crimes are reimbursed for adapted burying expenses. The Appointment of Victim Casework will now be acceptable to accomplish an accolade not beyond $6,000 for the burying costs of a victim who has died as a absolute aftereffect of a crime. Should it be bent after that the victim contributed to the accident of his or her injury, the accolade cannot be bargain by added than 50 percent (S. 7992, apprehension the Governor’s signature).
A new law will affect prisoners who accept been denied acquittal because they accept not completed a allowable affairs through no accountability of their own. Such prisoners will be placed in the adapted affairs as anon as accessible (L. 2018, Ch. 26, eff. Dec. 18, 2018).
Other aldermanic changes accept been allowable in assorted statutes. For example, beneath accompaniment law a city may currently appoint the afterward forms of punishment: a fine, damage or a civilian penalty. A new law adds association casework as a permissible anatomy of abuse (L. 2018, Ch. 216, eff. Aug. 24, 2018).
In addition, a new law allows for the use of medical marijuana as an another to opioids for affliction management. A physician can now accredit that a accommodating is acceptable for medical marijuana if he or she suffers from “pain that degrades bloom and anatomic capability” (L. 2018, Ch. 273, eff. Sept. 24, 2018).
Finally, the City Council has allowable two bounded laws that will appulse decidedly on the bent apology community. First, inmates aural New York City correctional accessories will be able to use blast account afterwards any amount (Administrative Code 9-154, eff. May 4, 2019).
Second, beneath a new law, accepted as the Adapted to Apperceive Act, badge admiral who appoint in a array of law administration activities, charge now analyze themselves by accouterment pre-printed business cards with specific advice (name, rank, absorber number) and accommodate an account for such law administration activity. This will not be adapted back an administrator is authoritative an arrest, arising a summons, or agreeable in clandestine action or action that capacity him or her to crisis or a accident of concrete abrasion (Administrative Code 14-174, eff. Oct. 19. 2018).
Barry Kamins is a accomplice at Aidala, Bertuna & Kamins and columnist of New York Search and Seizure (Lexis/Nexis 2018); he is a above accompaniment Supreme Cloister judge.
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