Bill Text: NY A00933 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to sealing records for certain proceedings that terminate in favor of the accused where the charges relate to the possession of marihuana.

Spectrum: Partisan Bill (Democrat 18-0)

Status: (Introduced - Dead) 2020-01-08 - referred to codes [A00933 Detail]

Download: New_York-2019-A00933-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           933
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 14, 2019
                                       ___________
        Introduced by M. of A. PEOPLES-STOKES, CRESPO, ZEBROWSKI, BARRON, BLAKE,
          JAFFEE,   DE LA ROSA,   L. ROSENTHAL,  HYNDMAN,  JEAN-PIERRE,  MOSLEY,
          TAYLOR, WALKER, LUPARDO, SIMON, WRIGHT -- Multi-Sponsored by -- M.  of
          A. RAMOS -- read once and referred to the Committee on Codes
        AN  ACT  to  amend  the  penal  law  and  the criminal procedure law, in
          relation to sealing records for certain proceedings
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Section 221.05 of the penal law, as added by chapter 360 of
     2  the laws of 1977, is amended to read as follows:
     3  § 221.05 Unlawful possession of marihuana.
     4    A  person  is guilty of unlawful possession of marihuana when he know-
     5  ingly and unlawfully possesses marihuana.
     6    Unlawful possession of marihuana is a violation punishable only  by  a
     7  fine  of not more than one hundred dollars. However, where the defendant
     8  has previously been convicted of [an offense] a crime  defined  in  this
     9  article,  except  a  crime  defined  in  section  221.10 of this article
    10  provided, however, that the record of such conviction  does  not  demon-
    11  strate  a  conviction  under  subdivision two of such section 221.10, or
    12  article 220 of this chapter, committed within the three years immediate-
    13  ly preceding such violation, it shall be punishable (a) only by  a  fine
    14  of  not  more  than two hundred dollars, if the defendant was previously
    15  convicted of one such offense committed during such period, and (b) by a
    16  fine of not more than two hundred fifty dollars or a term  of  imprison-
    17  ment  not in excess of fifteen days or both, if the defendant was previ-
    18  ously convicted of two such offenses committed during such period.
    19    § 2. Paragraph (k) of subdivision 3 of section 160.50 of the  criminal
    20  procedure law, as added by chapter 835 of the laws of 1977 and as relet-
    21  tered by chapter 192 of the laws of 1980, is amended to read as follows:
    22    (k)  (i)  The accusatory instrument alleged a violation of article two
    23  hundred twenty or section 240.36 of the penal law, prior to  the  taking
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04702-01-9
        A. 933                              2
     1  effect  of  article  two  hundred  twenty-one  of  the  penal  law, or a
     2  violation of article two hundred twenty-one of the penal law;  (ii)  the
     3  sole   controlled   substance  involved  is  marijuana;  and  (iii)  the
     4  conviction  was  only  for a violation or violations[; and (iv) at least
     5  three years have passed since the offense occurred] of section 221.10 of
     6  the penal law provided, however, that the record of such conviction does
     7  not demonstrate a conviction  under  subdivision  two  of  such  section
     8  221.10,  or  for  a  petty  offense or offenses.   No defendant shall be
     9  required or permitted to waive eligibility for sealing pursuant to  this
    10  paragraph as part of a plea of guilty, sentence or any agreement related
    11  to  a  conviction for a violation of section 221.05 or section 221.10 of
    12  the penal law and any such waiver shall be deemed void and wholly  unen-
    13  forceable.
    14    § 3. Section 160.50 of the criminal procedure law is amended by adding
    15  three new subdivisions 5, 6 and 7 to read as follows:
    16    5.  A  person  convicted of a violation of section 221.10 of the penal
    17  law, other than a conviction after trial  of,  or  plea  of  guilty  to,
    18  subdivision  two  of such section 221.10, prior to the effective date of
    19  this subdivision may upon motion apply to the court in which such termi-
    20  nation occurred, upon not less than twenty days notice to  the  district
    21  attorney,  for  an order granting to such person the relief set forth in
    22  subdivision one of this section, and such order shall be granted  unless
    23  the district attorney demonstrates that the interests of justice require
    24  otherwise.
    25    6.  (a)  Notwithstanding any other provision of law except as provided
    26  in paragraph (d) of subdivision one of this section and paragraph (e) of
    27  subdivision four of section eight hundred thirty-seven of the  executive
    28  law:  (i)  when  the  division  of  criminal justice services conducts a
    29  search of its criminal history records, maintained pursuant to  subdivi-
    30  sion six of section eight hundred thirty-seven of the executive law, and
    31  returns a report thereon, all references to a conviction for a violation
    32  of  section 221.10 of the penal law, other than a conviction after trial
    33  of, or plea of guilty to, subdivision two of such section 221.10,  shall
    34  be  excluded  from  such report; and (ii) the chief administrator of the
    35  courts shall develop and promulgate rules as may be necessary to  ensure
    36  that no written or electronic report of a criminal history record search
    37  conducted  by  the  office  of court administration contains information
    38  relating to a conviction for a violation of section 221.10 of the  penal
    39  law,  other  than  a  conviction  after  trial of, or plea of guilty to,
    40  subdivision two of such section 221.10, unless such search is  conducted
    41  solely for a bona fide research purpose, provided that such information,
    42  if  so disseminated, shall be disseminated in accordance with procedures
    43  established by the chief administrator of the courts to assure the secu-
    44  rity and privacy of identification and  information  data,  which  shall
    45  include the execution of an agreement which protects the confidentiality
    46  of the information and reasonably protects against data linkage to indi-
    47  viduals.
    48    (b) Nothing contained in this subdivision shall be deemed to permit or
    49  require  the  release, disclosure or other dissemination by the division
    50  of criminal justice services or the office of  court  administration  of
    51  criminal  history  record information that has been sealed in accordance
    52  with law.
    53    7. A person convicted of a violation of section 221.05  of  the  penal
    54  law  shall,  on  the  effective  date  of  this  subdivision,  have such
    55  conviction immediately  sealed  pursuant  to  subdivision  one  of  this
        A. 933                              3
     1  section  if such conviction occurred less than three years prior to such
     2  effective date.
     3    §  4.  This  act  shall take effect on the sixtieth day after it shall
     4  have become a law.