Bill Text: NY A07584 | 2019-2020 | General Assembly | Introduced

Bill Title: Relates to sealing petty offenses and making certain technical changes.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2019-06-18 - RETURNED TO ASSEMBLY [A07584 Detail]

Download: New_York-2019-A07584-Introduced.html

                STATE OF NEW YORK


                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      May 10, 2019

        Introduced  by  M.  of  A.  LENTOL -- (at request of the Office of Court
          Administration) -- read once and referred to the Committee on Codes

        AN ACT to amend the criminal procedure law, in relation to sealing petty

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

     1    Section 1. The opening paragraph of subdivision 1 of section 160.55 of
     2  the  criminal  procedure  law,  as amended by chapter 169 of the laws of
     3  1994, is amended to read as follows:
     4    [Upon] Regardless of the class  of  offense  for  which  a  person  is
     5  initially charged, upon the termination of a criminal action or proceed-
     6  ing  against  a  person  by  the  conviction of such person of a traffic
     7  infraction or a violation,  other  than  a  violation  of  loitering  as
     8  described in paragraph (d) [or (e)] of subdivision one of section 160.10
     9  of  this [chapter] article or the violation of operating a motor vehicle
    10  while ability impaired as described in subdivision one of section eleven
    11  hundred ninety-two of the vehicle and traffic law, unless  the  district
    12  attorney upon motion with not less than five [days] days' notice to such
    13  person  or  his  or her attorney demonstrates to the satisfaction of the
    14  court that the interests of justice require otherwise, or the  court  on
    15  its  own  motion  with  not  less  than five [days] days' notice to such
    16  person or his or her attorney determines that the interests  of  justice
    17  require  otherwise  and states the reasons for such determination on the
    18  record, the clerk of the court wherein such criminal action or  proceed-
    19  ing  was  terminated  shall  immediately  notify the commissioner of the
    20  division of criminal justice services and the heads of  all  appropriate
    21  police  departments  and  other law enforcement agencies that the action
    22  has been terminated by such conviction. Upon receipt of notification  of
    23  such termination:
    24    §  2.  This  act shall take effect on the ninetieth day after it shall
    25  have become a law.

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