New York 2025-2026 Regular Session

New York Senate Bill S09828

Introduced
4/7/26  

Caption

Relates to the former crime of loitering for the purpose of engaging in a prostitution offense; expunges criminal records for persons previously convicted of such crime; directs the chief administrator of the courts to provide information regarding such expungement; adds language to identify that the crime of loitering for the purpose of engaging in a prostitution offense is no longer in law.

Impact

The proposed changes will have significant implications for state laws concerning prostitution-related offenses. By eliminating the offense of loitering for prostitution from the legal code, individuals previously convicted of this crime will have their criminal records expunged. This amendment not only aids in preventing ongoing discrimination against individuals with such convictions but also focuses on the necessity for a more rehabilitative approach in the justice system, emphasizing second chances. The expungement process will require court administrators to actively notify relevant law enforcement agencies, ensuring that the records are duly marked as expunged and inaccessible for public inquiries.

Summary

Bill S09828 seeks to amend New York's criminal procedure law specifically pertaining to the crime of loitering for the purpose of engaging in a prostitution offense. The bill proposes to vacate and dismiss all convictions related to this charge that occurred before February 1, 2021, effectively removing this offense from the law. The intention is to remove the stigma and legal repercussions attached to such convictions, thereby promoting social reintegration for affected individuals. This is an effort to modernize state laws regarding prostitution-related offenses and aligns with broader criminal justice reform initiatives aimed at reducing penalties for past nonviolent offenses.

Contention

Despite the seemingly beneficial nature of the bill, there are points of contention associated with its passage. Critics may argue that eliminating the loitering offense could have unforeseen consequences on public safety and law enforcement’s ability to manage prostitution-related activities. There are concerns that this could potentially lead to an increase in street-level prostitution without adequate provisions for regulation. Furthermore, advocacy groups supporting the bill must contend with resistance from more traditional factions of law enforcement and community entities that fear risks associated with the absence of legal deterrents for solicitation activities.

Companion Bills

NY A00588

Same As Relates to the former crime of loitering for the purpose of engaging in a prostitution offense; expunges criminal records for persons previously convicted of such crime; directs the chief administrator of the courts to provide information regarding such expungement; adds language to identify that the crime of loitering for the purpose of engaging in a prostitution offense is no longer in law.

Previously Filed As

NY A00588

Relates to the former crime of loitering for the purpose of engaging in a prostitution offense; expunges criminal records for persons previously convicted of such crime; directs the chief administrator of the courts to provide information regarding such expungement; adds language to identify that the crime of loitering for the purpose of engaging in a prostitution offense is no longer in law.

NY S03040

Relates to the former crime of loitering for the purpose of engaging in a prostitution offense; expunges criminal records for persons previously convicted of such crime; directs the chief administrator of the courts to provide information regarding such expungement; adds language to identify that the crime of loitering for the purpose of engaging in a prostitution offense is no longer in law.

NY HB4104

Crimes and punishment; Class B5 offenses; adding offenses; loitering; felony offenses; Sex Offenders Registration Act; adding offenses for registration; effective date.

NY AB209

Provides immunity from criminal liability for engaging in prostitution or solicitation for prostitution. (BDR 15-781)

NY AB63

Loitering with intent to commit prostitution.

NY A11086

Establishes the crime of aggravated disorderly conduct; designates such crime as a specified offense for the purposes of hate crimes.

NY HB559

Crimes and offenses; crime of loitering, exceptions further provided; mask usage policies on school campuses, authorized

NY HB168

Crimes and offenses; crime of loitering, exceptions further provided; mask usage policies on school campuses, authorized

NY HB2996

Relating to definitions for purposes of gambling criminal offenses and the prosecution of gambling criminal offenses.

NY SB1494

Establishes procedures for the automatic expungement of certain criminal offenses

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