Bill Text: NY A02392 | 2023-2024 | General Assembly | Introduced

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Bill Title: Provides for the expungement of certain records following the termination of criminal actions and proceedings against certain minors.

Spectrum: Strong Partisan Bill (Democrat 10-1)

Status: (Introduced) 2024-01-03 - referred to codes [A02392 Detail]

Download: New_York-2023-A02392-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2392

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 26, 2023
                                       ___________

        Introduced  by  M.  of  A.  DILAN, CRUZ, SAYEGH, HUNTER, DICKENS, SIMON,
          HEVESI, EPSTEIN, COOK, McDONOUGH, GLICK -- read once and  referred  to
          the Committee on Codes

        AN ACT to amend the criminal procedure law, in relation to the effect of
          termination of criminal actions and proceedings against a minor

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

     1    Section 1. Section 160.60 of the criminal procedure law, as amended by
     2  chapter 877 of the laws of 1976, is amended to read as follows:
     3  § 160.60 Effect of termination of  criminal  actions  in  favor  of  the
     4             accused.
     5    1.  Upon  the termination of a criminal action or proceeding against a
     6  person in favor of such person, as defined in subdivision [two] three of
     7  section 160.50 of this [chapter] article,  the  arrest  and  prosecution
     8  shall  be deemed a nullity and the accused shall be restored, in contem-
     9  plation of law, to the status he occupied before the arrest  and  prose-
    10  cution.   The arrest or prosecution shall not operate as a disqualifica-
    11  tion of any person  so  accused  to  pursue  or  engage  in  any  lawful
    12  activity, occupation, profession, or calling.  Except where specifically
    13  required  or  permitted  by  statute or upon specific authorization of a
    14  superior court, no such person shall be required to divulge  information
    15  pertaining to the arrest or prosecution.
    16    2.  Upon  the termination of a criminal action or proceeding against a
    17  minor pursuant to section 160.50 of this article, all photographs, fing-
    18  erprints, palmprints, and arrest  records  related  to  such  action  or
    19  proceeding  shall  be  expunged  only  if such minor has no prior arrest
    20  record. For purposes of this article, "minor" shall have the same  mean-
    21  ing  as juvenile offender as defined by subdivision forty-two of section
    22  1.20 of this chapter.
    23    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03186-01-3