NYCLA Letter to Senator Espaillat Expressing Support of New York Senate Bill S06803

NYCLA Letter to Senator Espaillat Expressing Support of New York Senate Bill S06803

 

June 3, 2014

 

Senator Adriano Espaillat

188 State Street, Room 513

Legislative Office Building

Albany, NY 12247

 

Dear Senator Espaillat:

 

On behalf of the Civil Rights and Liberties Committee and the Criminal Justice Section of the New York County Lawyers’ Association (“the Committees”), we write in support of New York State Senate bill S06803 (“the Bill”). The Bill would amend the New York Criminal Procedure Law to mandate waiver of court surcharges and victim assistance fees in cases where the court finds the defendant to be a victim of human trafficking. 

 

The Memo in support of the Bill states: “New York has been a leader in enacting laws that recognize that sexually exploited persons should be treated as victims and not as criminals[.]” As noted in the Memo, trafficked persons who are unwilling or unable to seek services or assistance in ending their own exploitation may, when arrested, plead guilty to offenses or crimes bearing court surcharges or victim assistance fees. In those cases, trafficked persons may become further indebted to the persons exploiting them. 

 

President Barack Obama has dispensed with euphemisms, and called human trafficking what it truly is: modern slavery. While social scientists estimate that as many as 27,000,000 around the world may be suffering as trafficked persons at any given time, only approximately 40,000 trafficking victims worldwide were identified as such by reporting governments in the 2013 U.S. State Department’s Trafficking in Persons Report. This critical information gap has led the State Department to declare trafficking victim identification as a top priority in the global movement to combat human trafficking. 

 

The Committees believe that the Bill is a small but symbolically significant outreach to human trafficking victims and may enhance New York’s ability to identify such victims. By waiving surcharges and fees for identified victims of trafficking, New York can create an incentive for trafficked persons to come forward and be counted, even if they are not yet willing or able to break away from their captors or seek government services or protection.

 

In sum, the Bill would advance the policies of New York State and the United States at minimal cost, while providing significant benefits. Although additional legislation to ensure the rights of trafficked persons is still needed, the Bill is an important step in the right direction. With so much to gain at so small a price, the Committees urge you to support Senate S06803.

 

Sincerely,

 

Samuel B. Cohen, Esq.

Chair, NYCLA Civil Rights and Liberties Committee

 

Elliot Dolby-Shields, Esq.

Vice-Chair, NYCLA Civil Rights and Liberties Committee

 

Geoffrey Bickford, Esq.

Co-Chair, NYCLA Criminal Justice Section

 

Rhonda Tomlinson, Esq.

Co-Chair, NYCLA Criminal Justice Section

 

June 3, 2014

 

Senator Andrew J. Lanza

188 State Street Room 915

Legislative Office Building

Albany, NY 12247

 

Dear Senator Lanza:

 

On behalf of the Civil Rights and Liberties Committee and the Criminal Justice Section of the New York County Lawyers’ Association (“the Committees”),1 we write to thank you for sponsoring New York State Senate bill S06803 (“the Bill”). The Bill would amend the New York Criminal Procedure Law to mandate waiver of court surcharges and victim assistance fees in cases where the court finds the defendant to be a victim of human trafficking.2

 

The Memo in support of the Bill states: “New York has been a leader in enacting laws that recognize that sexually exploited persons should be treated as victims and not as criminals[.]” As noted in the Memo, trafficked persons who are unwilling or unable to seek services or assistance in ending their own exploitation may, when arrested, plead guilty to offenses or crimes bearing court surcharges or victim assistance fees.3 In those cases, trafficked persons may become further indebted to the persons exploiting them.4

 

President Barack Obama has dispensed with euphemisms, and called human trafficking what it truly is: modern slavery.5 While social scientists estimate that as many as 27,000,000 around the world may be suffering as trafficked persons at any given time, only approximately 40,000 trafficking victims worldwide were identified as such by reporting governments in the 2013 U.S. State Department’s Trafficking in Persons Report. 6 This critical information gap has led the State Department to declare trafficking victim identification as a top priority in the global movement to combat human trafficking.7 

 

The Committees believe that the Bill is a small but symbolically significant outreach to human trafficking victims and may enhance New York’s ability to identify such victims. By waiving surcharges and fees for identified victims of trafficking, New York can create an incentive for trafficked persons to come forward and be counted, even if they are not yet willing or able to break away from their captors or seek government services or protection.

 

In sum, the Bill would advance the policies of New York State and the United States at minimal cost, while providing significant benefits. Although additional legislation to ensure the rights of trafficked persons is still needed, the Bill is an important step in the right direction.

 

Sincerely,

 

Samuel B. Cohen, Esq.

Chair, NYCLA Civil Rights and Liberties Committee

 

Elliot Dolby-Shields, Esq.

Vice-Chair, NYCLA Civil Rights and Liberties Committee

 

Geoffrey Bickford, Esq.

Co-Chair, NYCLA Criminal Justice Section

 

Rhonda Tomlinson, Esq.

Co-Chair, NYCLA Criminal Justice Section

 

June 3, 2014

 

Hon. Amy Paulin

Assembly Member

LOB 713

Albany, NY 12248

 

Dear Assembly Member Paulin:

 

On behalf of the Civil Rights and Liberties Committee and the Criminal Justice Section of the New York County Lawyers’ Association (“the Committees”), we write to thank you for sponsoring Assembly bill A08812 (“the Bill”). The Bill would amend the New York Criminal Procedure Law to mandate waiver of court surcharges and victim assistance fees in cases where the court finds the defendant to be a victim of human trafficking.

 

The Memo in support of the Bill states: “New York has been a leader in enacting laws that recognize that sexually exploited persons should be treated as victims and not as criminals[.]” As noted in the Memo, trafficked persons who are unwilling or unable to seek services or assistance in ending their own exploitation may, when arrested, plead guilty to offenses or crimes bearing court surcharges or victim assistance fees. In those cases, trafficked persons may become further indebted to the persons exploiting them.

 

President Barack Obama has dispensed with euphemisms, and called human trafficking what it truly is: modern slavery. While social scientists estimate that as many as 27,000,000 around the world may be suffering as trafficked persons at any given time, only approximately 40,000 trafficking victims worldwide were identified as such by reporting governments in the 2013 U.S. State Department’s Trafficking in Persons Report. This critical information gap has led the State Department to declare trafficking victim identification as a top priority in the global movement to combat human trafficking.

 

The Committees believe that the Bill is a small but symbolically significant outreach to human trafficking victims and may enhance New York’s ability to identify such victims. By waiving surcharges and fees for identified victims of trafficking, New York can create an incentive for trafficked persons to come forward and be counted, even if they are not yet willing or able to break away from their captors or seek government services or protection.

 

In sum, the Bill would advance the policies of New York State and the United States at minimal cost, while providing significant benefits. Although additional legislation to ensure the rights of trafficked persons is still needed, the Bill is an important step in the right direction.

 

Sincerely,

 

Samuel B. Cohen, Esq.

Chair, NYCLA Civil Rights and Liberties Committee

 

Elliot Dolby-Shields, Esq.

Vice-Chair, NYCLA Civil Rights and Liberties Committee

 

Geoffrey Bickford, Esq.

Co-Chair, NYCLA Criminal Justice Section

 

Rhonda Tomlinson, Esq.

Co-Chair, NYCLA Criminal Justice Section

 

 

Footnotes

1.  The views expressed are those of the Civil Rights and Liberties Committee and Criminal Justice Section only, have not been approved by the New York County Lawyers’ Association Board of Directors and do not necessarily represent the views of the Board.
2.  See generally S06803/A08812.
3.  Memo, New York State Senate Bill S06803
4. Id.
5.  2013 Trafficking in Persons Report, 7, Department of State, United States of America, June 2013. Available online at http://www.state.gov/documents/organization/210737.pdf (last accessed May 12, 2014)
6.  Id.
7.  Id. at 8.
8. The views expressed are those of the Civil Rights and Liberties Committee and Criminal Justice Section only, have not been approved by the New York County Lawyers’ Association Board of Directors and do not necessarily represent the views of the Board.
9. See generally S06803/A08812.
10. Memo, New York State Senate Bill S06803
11. Id.
12. 5 2013 Trafficking in Persons Report, 7, Department of State, United States of America, June 2013. Available online at http://www.state.gov/documents/organization/210737.pdf (last accessed May 12, 2014)
13. Id.
14. Id. at 8.
15.  The views expressed are those of the Civil Rights and Liberties Committee and Criminal Justice Section only, have not been approved by the New York County Lawyers’ Association Board of Directors and do not necessarily represent the views of the Board.
16.  See generally S06803/A08812.
17.  Memo, New York State Assembly Bill 08812
18. Id.
19.  2013 Trafficking in Persons Report, 7, Department of State, United States of America, June 2013. Available online at http://www.state.gov/documents/organization/210737.pdf (last accessed May 12, 2014)
20.  Id.
21.  Id. at 8.