Bill Text: NY A00045 | 2023-2024 | General Assembly | Introduced

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Bill Title: Prohibits the division of criminal justice services from disclosing pending orders of adjournment in contemplation of dismissal on civil records of arrests and prosecutions.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced) 2024-01-03 - ordered to third reading cal.2 [A00045 Detail]

Download: New_York-2023-A00045-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           45

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 4, 2023
                                       ___________

        Introduced by M. of A. WEPRIN -- read once and referred to the Committee
          on Codes

        AN  ACT to amend the executive law, in relation to prohibiting the divi-
          sion of criminal justice services from disclosing  pending  orders  of
          adjournment  in contemplation of dismissal on civil records of arrests
          and prosecutions

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision  1  of section 845-d of the executive law, as
     2  added by section 1 of subpart N of part II of chapter 55 of the laws  of
     3  2019, is amended to read as follows:
     4    1.  When, pursuant to statute or the regulations of this division, the
     5  division  conducts  a  search  of its criminal history records for civil
     6  purposes, and returns a report therein, it shall only report any [crimi-
     7  nal convictions] conviction of a crime, and  any  criminal  arrests  and
     8  accompanying  criminal  actions which are pending. A criminal arrest and
     9  accompanying criminal action which have been followed by an  adjournment
    10  in  contemplation  of  dismissal  pursuant  to  section  170.55, 170.56,
    11  210.46, 210.47 or 215.10 of the criminal  procedure  law  shall  not  be
    12  considered  pending  for  civil  purposes unless the order to adjourn in
    13  contemplation of dismissal is revoked and the case is  restored  to  the
    14  calendar for further prosecution.
    15    § 2. This act shall take effect immediately.



         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01109-01-3