Bill Text: NY A02277 | 2013-2014 | General Assembly | Introduced

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Bill Title: Repeals provisions requiring the sealing of the conviction records of persons who have completed a judicial diversion program or a drug treatment alternative to prison.

Spectrum: Partisan Bill (Republican 7-0)

Status: (Introduced - Dead) 2014-01-08 - referred to codes [A02277 Detail]

Download: New_York-2013-A02277-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2277
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  M.  of  A. MALLIOTAKIS, MONTESANO, DUPREY, CROUCH, McDO-
         NOUGH, McKEVITT, FINCH -- read once and referred to the  Committee  on
         Codes
       AN  ACT  to  amend  the  executive  law,  in relation to inquiries about
         certain sealed convictions; and to repeal section 160.58 of the crimi-
         nal  procedure  law  relating  to  conditional  sealing   of   certain
         controlled substances, marihuana or specified offense convictions
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 160.58 of the criminal procedure law is REPEALED.
    2    S 2. Subdivision 16 of section 296 of the executive law, as separately
    3  amended by section 3 of part N and section 14 of part AAA of chapter  56
    4  of the laws of 2009, is amended to read as follows:
    5    16.  It  shall  be an unlawful discriminatory practice, unless specif-
    6  ically required or permitted by statute, for any person, agency, bureau,
    7  corporation or association, including the state and any political subdi-
    8  vision thereof, to make any inquiry about, whether in any form of appli-
    9  cation or  otherwise,  or  to  act  upon  adversely  to  the  individual
   10  involved,  any arrest or criminal accusation of such individual not then
   11  pending against that individual which was followed by a  termination  of
   12  that  criminal  action  or  proceeding  in  favor of such individual, as
   13  defined in subdivision two of section 160.50 of the  criminal  procedure
   14  law,  or  by a youthful offender adjudication, as defined in subdivision
   15  one of section 720.35 of the criminal procedure law, or by a  conviction
   16  for a violation sealed pursuant to section 160.55 of the criminal proce-
   17  dure  law [or by a conviction which is sealed pursuant to section 160.58
   18  of the criminal  procedure  law],  in  connection  with  the  licensing,
   19  employment  or  providing  of  credit  or  insurance to such individual;
   20  provided, further, that no person shall be required to divulge  informa-
   21  tion  pertaining to any arrest or criminal accusation of such individual
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04002-01-3
       A. 2277                             2
    1  not then pending against that individual which was followed by a  termi-
    2  nation  of  that criminal action or proceeding in favor of such individ-
    3  ual, as defined in subdivision two of section  160.50  of  the  criminal
    4  procedure  law,  or  by  a youthful offender adjudication, as defined in
    5  subdivision one of section 720.35 of the criminal procedure law, or by a
    6  conviction for a violation sealed pursuant  to  section  160.55  of  the
    7  criminal  procedure law[, or by a conviction which is sealed pursuant to
    8  section 160.58 of the criminal procedure law]. The  provisions  of  this
    9  subdivision  shall not apply to the licensing activities of governmental
   10  bodies in relation to the regulation of guns, firearms and other  deadly
   11  weapons  or  in  relation  to  an application for employment as a police
   12  officer or peace officer as those  terms  are  defined  in  subdivisions
   13  thirty-three  and  thirty-four of section 1.20 of the criminal procedure
   14  law; provided further that the provisions of this subdivision shall  not
   15  apply to an application for employment or membership in any law enforce-
   16  ment  agency with respect to any arrest or criminal accusation which was
   17  followed by a youthful offender adjudication, as defined in  subdivision
   18  one  of section 720.35 of the criminal procedure law, or by a conviction
   19  for a violation sealed pursuant to section 160.55 of the criminal proce-
   20  dure law[, or by a conviction which is sealed pursuant to section 160.58
   21  of the criminal procedure law].
   22    S 3. This act shall take effect immediately.