Bill Text: NY S04471 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to unsealing criminal records in criminal actions terminated in favor of the accused or by conviction for a noncriminal offense; allows disclosure of such records to a party in a criminal proceeding if, on notice to the adverse party and the subject of the records, the moving party demonstrates that justice so requires.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-04 - REFERRED TO CODES [S04471 Detail]
Download: New_York-2011-S04471-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 4471 2011-2012 Regular Sessions I N S E N A T E April 6, 2011 ___________ Introduced by Sen. NOZZOLIO -- (at request of the Office of Court Admin- istration) -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to unsealing criminal records THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Paragraph (d) of subdivision 1 of section 160.50 of the 2 criminal procedure law, as amended by chapter 169 of the laws of 1994, 3 is amended to read as follows: 4 (d) such records shall be made available to the person accused or to 5 such person's designated agent, and shall be made available to (i) a 6 prosecutor in any proceeding in which the accused has moved for an order 7 pursuant to section 170.56 or 210.46 of this chapter, or (ii) a law 8 enforcement agency upon ex parte motion in any superior court, if such 9 agency demonstrates to the satisfaction of the court that justice 10 requires that such records be made available to it, or (iii) any state 11 or local officer or agency with responsibility for the issuance of 12 licenses to possess guns, when the accused has made application for such 13 a license, or (iv) the New York state division of parole when the 14 accused is on parole supervision as a result of conditional release or a 15 parole release granted by the New York state board of parole, and the 16 arrest which is the subject of the inquiry is one which occurred while 17 the accused was under such supervision or (v) any prospective employer 18 of a police officer or peace officer as those terms are defined in 19 subdivisions thirty-three and thirty-four of section 1.20 of this chap- 20 ter, in relation to an application for employment as a police officer or 21 peace officer; provided, however, that every person who is an applicant 22 for the position of police officer or peace officer shall be furnished 23 with a copy of all records obtained under this paragraph and afforded an 24 opportunity to make an explanation thereto, or (vi) the probation EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09806-01-1 S. 4471 2 1 department responsible for supervision of the accused when the arrest 2 which is the subject of the inquiry is one which occurred while the 3 accused was under such supervision, OR (VII) A PARTY IN A CRIMINAL 4 PROCEEDING IF, NO NOTICE TO THE ADVERSE PARTY AND THE SUBJECT OF THE 5 RECORDS, THE MOVING PARTY DEMONSTRATES TO THE SATISFACTION OF THE COURT 6 THAT JUSTICE REQUIRES THAT THE RECORDS BE MADE AVAILABLE TO SUCH PARTY 7 IN CONNECTION WITH THE CRIMINAL PROCEEDING; and 8 S 2. Paragraph (d) of subdivision 1 of section 160.55 of the criminal 9 procedure law, as amended by chapter 476 of the laws of 2009, is amended 10 to read as follows: 11 (d) the records referred to in paragraph (c) of this subdivision shall 12 be made available to the person accused or to such person's designated 13 agent, and shall be made available to (i) a prosecutor in any proceeding 14 in which the accused has moved for an order pursuant to section 170.56 15 or 210.46 of this chapter, or (ii) a law enforcement agency upon ex 16 parte motion in any superior court, if such agency demonstrates to the 17 satisfaction of the court that justice requires that such records be 18 made available to it, or (iii) any state or local officer or agency with 19 responsibility for the issuance of licenses to possess guns, when the 20 accused has made application for such a license, or (iv) the New York 21 state division of parole when the accused is under parole supervision as 22 a result of conditional release or parole release granted by the New 23 York state board of parole and the arrest which is the subject of the 24 inquiry is one which occurred while the accused was under such super- 25 vision, or (v) the probation department responsible for supervision of 26 the accused when the arrest which is the subject of the inquiry is one 27 which occurred while the accused was under such supervision, or (vi) a 28 police agency, probation department, sheriff's office, district attor- 29 ney's office, department of correction of any municipality and parole 30 department, for law enforcement purposes, upon arrest in instances in 31 which the individual stands convicted of harassment in the second 32 degree, as defined in section 240.26 of the penal law, committed against 33 a member of the same family or household as the defendant, as defined in 34 subdivision one of section 530.11 of this chapter, and determined pursu- 35 ant to subdivision eight-a of section 170.10 of this title, OR (VII) A 36 PARTY IN A CRIMINAL PROCEEDING IF, ON NOTICE TO THE ADVERSE PARTY AND 37 THE SUBJECT OF THE RECORDS, THE MOVING PARTY DEMONSTRATES TO THE SATIS- 38 FACTION OF THE COURT THAT JUSTICE REQUIRES THAT THE RECORDS BE MADE 39 AVAILABLE TO SUCH PARTY IN CONNECTION WITH THE CRIMINAL PROCEEDING; and 40 S 3. This act shall take effect on the first of November next succeed- 41 ing the date on which it shall have become a law.