Bill Text: NY S05223 | 2009-2010 | General Assembly | Introduced

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Bill Title: Provides that when the division of criminal justice services conducts a search of it's criminal history records and returns a report thereon, all references to undisposed cases shall be excluded.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO FINANCE [S05223 Detail]

Download: New_York-2009-S05223-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5223
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                    April 27, 2009
                                      ___________
       Introduced  by  Sen. SCHNEIDERMAN -- read twice and ordered printed, and
         when printed to be committed to the Committee on Finance
       AN ACT to amend the executive law and the judiciary law, in relation  to
         undisposed cases
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The executive law is amended by adding a new section  845-c
    2  to read as follows:
    3    S  845-C. CRIMINAL HISTORY RECORD SEARCHES; UNDISPOSED CASES. 1. WHEN,
    4  PURSUANT TO STATUTE OR THE REGULATIONS OF  THE  DIVISION,  THE  DIVISION
    5  CONDUCTS  A  SEARCH OF ITS CRIMINAL HISTORY RECORDS AND RETURNS A REPORT
    6  THEREON, ALL REFERENCES TO UNDISPOSED CASES CONTAINED IN  SUCH  CRIMINAL
    7  HISTORY RECORD SHALL BE EXCLUDED FROM SUCH REPORT.
    8    2. FOR PURPOSES OF THIS SECTION, "UNDISPOSED CASE" SHALL MEAN A CRIMI-
    9  NAL ACTION OR PROCEEDING, OR AN ARREST INCIDENT, IDENTIFIED IN THE DIVI-
   10  SION'S  CRIMINAL  HISTORY RECORDS FOR WHICH NO CONVICTION, IMPOSITION OF
   11  SENTENCE, ORDER OF REMOVAL OR OTHER FINAL DISPOSITION,  OTHER  THAN  THE
   12  ISSUANCE OF AN APPARENTLY UNEXECUTED WARRANT, HAS BEEN RECORDED AND WITH
   13  RESPECT  TO  WHICH  NO  ENTRY  HAS  BEEN MADE IN THE DIVISION'S CRIMINAL
   14  HISTORY RECORDS FOR A PERIOD OF AT LEAST  TWENTY-FOUR  MONTHS  PRECEDING
   15  THE ISSUANCE OF SUCH REPORT.
   16    3.  THE  PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY
   17  TO CRIMINAL HISTORY RECORD INFORMATION (A) PROVIDED BY THE  DIVISION  TO
   18  QUALIFIED  AGENCIES PURSUANT TO SUBDIVISION SIX OF SECTION EIGHT HUNDRED
   19  THIRTY-SEVEN OF THIS ARTICLE, OR TO FEDERAL  OR  STATE  LAW  ENFORCEMENT
   20  AGENCIES,  FOR CRIMINAL JUSTICE PURPOSES; (B) PREPARED SOLELY FOR A BONA
   21  FIDE RESEARCH PURPOSE; OR (C) PREPARED FOR THE INTERNAL  RECORD  KEEPING
   22  OR CASE MANAGEMENT PURPOSES OF THE DIVISION.
   23    4.  NOTHING  CONTAINED  IN  THIS  SECTION SHALL BE DEEMED TO PERMIT OR
   24  REQUIRE THE RELEASE, DISCLOSURE OR OTHER DISSEMINATION BY  THE  DIVISION
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11495-01-9
       S. 5223                             2
    1  OF  CRIMINAL  HISTORY RECORD INFORMATION THAT HAS BEEN SEALED IN ACCORD-
    2  ANCE WITH LAW.
    3    S  2.  Subdivision 2 of section 212 of the judiciary law is amended by
    4  adding a new paragraph (s) to read as follows:
    5    (S) TAKE SUCH ACTIONS AND ADOPT SUCH MEASURES AS MAY BE  NECESSARY  TO
    6  ENSURE THAT NO WRITTEN OR ELECTRONIC REPORT OF A CRIMINAL HISTORY RECORD
    7  SEARCH  CONDUCTED  BY  THE  OFFICE OF COURT ADMINISTRATION, OTHER THAN A
    8  SEARCH CONDUCTED SOLELY FOR THE INTERNAL RECORDKEEPING OR  CASE  MANAGE-
    9  MENT  PURPOSES  OF  THE  JUDICIARY  OR FOR A BONA FIDE RESEARCH PURPOSE,
   10  CONTAINS INFORMATION RELATING TO AN UNDISPOSED  CASE.  FOR  PURPOSES  OF
   11  THIS  PARAGRAPH,  "UNDISPOSED  CASE"  SHALL  MEAN  A  CRIMINAL ACTION OR
   12  PROCEEDING, OR AN ARREST INCIDENT, APPEARING  IN  THE  CRIMINAL  HISTORY
   13  RECORDS  OF  THE OFFICE OF COURT ADMINISTRATION FOR WHICH NO CONVICTION,
   14  IMPOSITION OF SENTENCE, ORDER OF REMOVAL  OR  OTHER  FINAL  DISPOSITION,
   15  OTHER  THAN  THE  ISSUANCE OF AN APPARENTLY UNEXECUTED WARRANT, HAS BEEN
   16  RECORDED AND WITH RESPECT TO WHICH  NO  ENTRY  HAS  BEEN  MADE  IN  SUCH
   17  RECORDS  FOR A PERIOD OF AT LEAST TWENTY-FOUR MONTHS PRECEDING THE ISSU-
   18  ANCE OF SUCH REPORT. NOTHING CONTAINED IN THIS PARAGRAPH SHALL BE DEEMED
   19  TO PERMIT OR REQUIRE THE RELEASE, DISCLOSURE OR OTHER  DISSEMINATION  BY
   20  THE  OFFICE  OF COURT ADMINISTRATION OF CRIMINAL HISTORY RECORD INFORMA-
   21  TION THAT HAS BEEN SEALED IN ACCORDANCE WITH LAW.
   22    S 3. This act shall take effect on the one hundred eightieth day after
   23  it shall have become a law and  shall  apply  to  searches  of  criminal
   24  history records conducted on or after such date; provided, however, that
   25  prior to such effective date, the division of criminal justice services,
   26  in consultation with the state administrator of the unified court system
   27  as  well  as  any  other  public or private agency, shall undertake such
   28  measures as may be necessary and  appropriate  to  update  its  criminal
   29  history  records with respect to criminal cases and arrest incidents for
   30  which no final disposition has been reported.