Bill Text: NY A07670 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to the sealing of law enforcement records.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2020-02-11 - REFERRED TO JUDICIARY [A07670 Detail]

Download: New_York-2019-A07670-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7670

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      May 14, 2019
                                       ___________

        Introduced  by  M. of A. PRETLOW, 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 the sealing
          of law enforcement records

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

     1    Section  1.  Subdivisions  4  and  5 of section 160.58 of the criminal
     2  procedure law, as added by section 3 of part AAA of chapter  56  of  the
     3  laws of 2009, are amended to read as follows:
     4    4.  When a court orders sealing pursuant to this section, all official
     5  records and papers, including judgments and orders of a  court  but  not
     6  including published court decisions or opinions or records and briefs on
     7  appeal,  relating to the arrests, prosecutions, and convictions, includ-
     8  ing all duplicates and copies thereof, on  file  with  the  division  of
     9  criminal  justice  services or any court, police agency, or prosecutor's
    10  office, shall be sealed and not made available to any person  or  public
    11  or  private  agency;  provided,  however,  the division shall retain any
    12  fingerprints, palmprints and photographs, or digital images of the same.
    13    5. When the court orders sealing pursuant to this section,  the  clerk
    14  of  such court shall immediately notify the commissioner of the division
    15  of criminal justice  services,  the  heads  of  all  appropriate  police
    16  departments  and  other  law  enforcement  agencies,  and any court that
    17  sentenced the defendant for an  offense  which  has  been  conditionally
    18  sealed,  regarding  the  records  that  shall be sealed pursuant to this
    19  section.
    20    § 2. Subdivision 8 of section 160.59 of the criminal procedure law, as
    21  added by section 48 of part WWW of chapter 59 of the laws  of  2017,  is
    22  amended to read as follows:
    23    8.  When  a sentencing judge or county or supreme court orders sealing
    24  pursuant to this section, all official  records  and  papers,  including

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09346-01-9
        A. 7670                             2

     1  judgments  and orders of a court but not including published court deci-
     2  sions or opinions or records and  briefs  on  appeal,  relating  to  the
     3  arrests,  prosecutions,  and  convictions,  including all duplicates and
     4  copies  thereof,  on file with the division of criminal justice services
     5  or any court, police agency or prosecutor's office shall be  sealed  and
     6  not  made  available to any person or public or private agency except as
     7  provided for in subdivision nine of this section; provided, however, the
     8  division shall retain any fingerprints, palmprints and  photographs,  or
     9  digital  images  of the same.  The clerk of such court shall immediately
    10  notify the commissioner of the division of  criminal  justice  services,
    11  the  heads  of all appropriate police departments and other law enforce-
    12  ment agencies, regarding the records that shall be  sealed  pursuant  to
    13  this section. The clerk also shall notify any court in which the defend-
    14  ant  has  stated,  pursuant  to paragraph (b) of subdivision two of this
    15  section, that he or she has filed or intends to file an application  for
    16  sealing of any other eligible offense.
    17    §  3.  This  act shall take effect on the ninetieth day after it shall
    18  have become a law.