Enacts "Cecilia's act for rights in the sex trades" relating to the decriminalization of sex work; repealer

• Democratic22

◆ The sponsor's argument

Why Julia Salazar says this is needed

This is a human rights bill, a racial justice and gender justice bill, an immigrant rights bill, and an LGBTQ+ rights bill. This bill will also make New York safer. New York has over a dozen criminal and civil provisions that punish adults who consent to sell or buy sex, as well as those who help and depend on them. In addition, there are numerous prohibitions and punish- ments for prostitution in a wide variety of laws. Trying to stop sex work between consenting adults should not be the business of the crimi- nal legal system. Criminalizing sex work criminalizes a means of survival for marginalized people, increases the risk of violence, enables police misconduct, and it makes LGBTQ people especially vulner- able to police harassment and arrest based on their gender expression and sexuality. "Cecilia's Act for Rights in the Sex Trades" honors the late Cecilia Gentili, who was a chief architect of this bill, and an activist who fought for the needs of sex workers, survivors of human trafficking, and many other marginalized communities. Governor Kathy Hochul honored Ceci- lia as a "champion," an "icon," and a "steadfast activist in the trans rights movement" who "helped countless people find love, joy and accept- ance." This bill is named for Cecilia because her life story illustrates the harms of criminalization, while her life's work demonstrates how alternatives to incarceration can reduce harm and elevate people. Born in a small town in Argentina, Cecilia's early life was marked by ridicule because of her presentation, abuse, and rejection from some family members. She saved money from a hairdresser job to fund her move- to the U.S. and at 26 she moved to Miami, seeking a better life as an openly transgender woman. Still, she was excluded from most jobs in the formal economy either because she was transgender, was without legal status, or both. She became a sex worker to financially support herself. She was arrested for prostitution. Cecilia's arrest made it more diffi- cult to find work and housing. Cecilia slipped into substance depend- ence. She began to rely on and live with an exploiter, who trafficked her. The criminal legal system deepened her dependence on this abuser. She was arrested and was placed in jails with men who assaulted her. When she was released, she was sent back to her trafficker. At times, electronic monitoring devices literally tethered her to her trafficker and his home. Luckily, Cecilia met a caseworker who provided support. She was able to escape her trafficker and got treatment for her substance use. She was awarded asylum, which granted her more stability. She grew into the admired policy wonk, cook, actress, author, and activist that she is remembered as today. Cecilia was a lead plaintiff in a lawsuit against the first Trump admin- istration's effort to rollback protections for transgender people in the Affordable Care Act. Her legislative legacy in New York includes leader- ship in the successful efforts to end the Walking While Trans ban, to pass the Gender Expression Non- Discrimination Act, and to pass laws aimed at making New York safer for non-citizens. The work she championed, on behalf of people in the sex trades-whether consensual or trafficked--provides glimpses into what New York could be if the state diverted money from criminalization and invested in supportive services. She founded the COIN Clinic (Cecilia's Occupational Inclusion Network) which provides free health services for sex workers; She helped secure city funding for supportive services for the transgen- der community. During COVID, she worked to provide mutual aid to sex workers and other members of her communities. Cecilia and her partner also clothed, fed, and housed sex workers and others who had nowhere to go. These actions are currently potentially criminalized under Penal Law 230.40, imposing criminal penalties on people who show kindness to sex workers by housing them. This bill will decriminalize the sort of ki

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.