Bill Text: NY A06033 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to sealing of dismissals and violations that are more than twenty years old.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - referred to codes [A06033 Detail]

Download: New_York-2021-A06033-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6033

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                      March 4, 2021
                                       ___________

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

        AN ACT to amend the criminal procedure law, in relation  to  sealing  of
          dismissals and violations that are more than twenty years old

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

     1    Section 1. Subdivision 4 of section 160.50 of the  criminal  procedure
     2  law,  as amended by chapter 905 of the laws of 1977 and as renumbered by
     3  chapter 142 of the laws of 1991, is amended to read as follows:
     4    4. A person in whose favor a criminal action or proceeding was  termi-
     5  nated,  as defined in [paragraph] paragraphs (a) through (h), (k) or (l)
     6  of subdivision [two] three of this section, prior to the effective  date
     7  of  [this  section,  may  upon  motion  apply to the court in which such
     8  termination occurred, upon not less  than  twenty  days  notice  to  the
     9  district  attorney,  for an order granting to such person the relief set
    10  forth in subdivision one of this section, and such order shall be grant-
    11  ed unless the district attorney demonstrates to the satisfaction of  the
    12  court that the interests of justice require otherwise. A person in whose
    13  favor  a  criminal  action  or  proceeding was terminated, as defined in
    14  paragraph (i) or (j) of subdivision two of this section,  prior  to  the
    15  effective  date of this section, may apply to the appropriate prosecutor
    16  or police agency for a certification as described in said paragraph  (i)
    17  or  (j)  granting  to such person the relief set forth therein, and such
    18  certification shall be granted by such prosecutor or police agency]  the
    19  chapter of the laws of two thousand twenty-one which amended this subdi-
    20  vision,  and  whose records have not been sealed pursuant to subdivision
    21  one of this section, may apply to have  the  records  of  such  criminal
    22  action or proceeding sealed at the clerk's office for the court in which
    23  the  criminal  action  or  proceeding was terminated. Application may be
    24  made by the person or by his or her attorney. Upon  a  determination  by
    25  the  clerk  that the action or proceeding was terminated in the person's

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09980-01-1
        A. 6033                             2

     1  favor as defined in subdivision three of this section, the clerk of  the
     2  court  shall  immediately  notify  the commissioner and the heads of all
     3  appropriate police departments and other law enforcement  agencies  that
     4  the  action  has  been  terminated  in favor of the accused and that the
     5  record of such action or proceeding shall be  sealed.  Upon  receipt  of
     6  notification  of  such  termination and sealing, all records relating to
     7  the criminal action shall be sealed, as required under paragraph (c)  of
     8  subdivision  one  of  this  section,  and  all photographs, photographic
     9  plates or proofs, palm prints and fingerprints  shall  be  destroyed  or
    10  returned  as  specified  in paragraphs (a) and (b) of subdivision one of
    11  this section.
    12    § 2. Subdivision 3 of section 160.55 of the criminal procedure law, as
    13  amended by chapter 23 of the  laws  of  2021,  is  amended  to  read  as
    14  follows:
    15    3.  A  person  against whom a criminal action or proceeding was termi-
    16  nated by such person's conviction of a traffic infraction  or  violation
    17  other  than  the  violation  of  operating a motor vehicle while ability
    18  impaired as described in subdivision one of section eleven hundred nine-
    19  ty-two of the vehicle and traffic law, prior to the  effective  date  of
    20  [this  section,  may upon motion apply to the court in which such termi-
    21  nation occurred, upon not less than twenty days notice to  the  district
    22  attorney,  for  an order granting to such person the relief set forth in
    23  subdivision one of this section, and such order shall be granted  unless
    24  the district attorney demonstrates to the satisfaction of the court that
    25  the  interests  of justice require otherwise] the chapter of the laws of
    26  two thousand  twenty-one  which  amended  this  subdivision,  and  whose
    27  records  have  not  been  sealed  pursuant  to  subdivision  one of this
    28  section, may apply to have  the  records  of  such  criminal  action  or
    29  proceeding sealed at the clerk's office for the court in which the crim-
    30  inal action or proceeding was terminated. Application may be made by the
    31  defendant  or  by his or her attorney. Upon a determination by the clerk
    32  that the court did not find that the interests of justice required  that
    33  the  case  not be sealed, as defined in subdivision one of this section,
    34  the clerk of the court shall immediately notify the commissioner of  the
    35  division  of  criminal justice services and the heads of all appropriate
    36  police departments and other law enforcement agencies that the record of
    37  such action or proceeding shall be sealed.  Upon receipt of notification
    38  of such termination and sealing, all records relating  to  the  criminal
    39  action  shall  be sealed, as required under paragraph (c) of subdivision
    40  one of this section, and all photographs, photographic plates or proofs,
    41  palm prints and fingerprints shall be destroyed or returned as specified
    42  in paragraphs (a) and (b) of  subdivision  one  of  this  section.  This
    43  subdivision shall not apply to cases in which the court declined to seal
    44  for  reasons  stated  on the record, pursuant to subdivision one of this
    45  section. When an applicant under this subdivision presents to the  court
    46  clerk  fingerprint  records from the New York state division of criminal
    47  justice services or a court disposition which indicate that  a  criminal
    48  action  or  proceeding  against  the  applicant  resulted  in a sealable
    49  conviction, but supporting court records cannot be  located,  have  been
    50  destroyed,  or  do  not indicate whether the court ordered that the case
    51  not be sealed, the clerk of the court wherein such  criminal  action  or
    52  proceeding  was  terminated  shall  proceed as if the matter had been so
    53  terminated.
    54    § 3. This act shall take effect on the ninetieth day  after  it  shall
    55  have become a law.