Executive Summary
- New York Governor Kathy Hochul signed bill A1029-B/S3967-B, granting conditional immunity to sex workers who report crimes.
- The legislation passed unanimously in the State Assembly and Senate with bipartisan support.
- The law is modeled after the "Good Samaritan" laws that protect individuals reporting drug overdoses.
- Advocates argue the measure will improve public safety by encouraging trafficking survivors to cooperate with law enforcement.
New York State has enacted new legislation designed to shield human trafficking survivors and sex workers from prosecution when they report crimes to law enforcement. Governor Kathy Hochul signed bill A1029-B/S3967-B into law, a measure that passed unanimously in both the State Assembly and Senate with bipartisan support.
The legislation provides conditional immunity from prosecution for prostitution-related offenses to individuals who are victims of, or witnesses to, a crime and subsequently seek assistance, medical care, or act in good faith to report the incident. According to advocacy group Decriminalize Sex Work (DSW), the new statute is modeled after New York’s existing "Good Samaritan" law, which offers similar legal protections to individuals seeking emergency help during drug overdoses.
Proponents of the bill argue that the threat of arrest has historically acted as a significant barrier, preventing vulnerable individuals from cooperating with authorities regarding violence, exploitation, or trafficking. Melissa Broudo, Legal Director for DSW, stated that the law is intended to prioritize personal safety over punitive measures. "The immunity bill removes fear of arrest for survivors, creating safe pathways to seek help and access support," Broudo said. "It is a vital and common-sense public safety measure that strengthens law enforcement’s ability to identify, investigate, and convict perpetrators of violence and trafficking."
With the enactment of this law, New York joins 11 other states that have implemented similar immunity protections. DSW indicated in a statement that it intends to continue advocating for survivor-informed policies and the broader decriminalization of consensual adult sex work nationwide.
Legislative Impact and Public Safety
The enactment of this law represents a strategic shift in New York’s legal framework regarding sex work and human trafficking, moving away from strict criminalization toward a harm-reduction model similar to those used in public health crises. By removing the legal jeopardy associated with reporting crimes, state officials anticipate a potential increase in the reporting of violent offenses and trafficking networks. This legislative adjustment aims to close the "credibility gap" that often hampers investigations involving marginalized populations, allowing law enforcement to focus resources on prosecuting violent offenders rather than penalizing witnesses.
