Bill Text: NY S06006 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to the effect of termination of criminal actions and proceedings against a minor.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CODES [S06006 Detail]

Download: New_York-2019-S06006-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6006

                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 16, 2019
                                       ___________

        Introduced  by  Sen.  BAILEY -- 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 the effect of
          termination of criminal actions and proceedings against a minor

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

     1    Section 1. Section 160.60 of the criminal procedure law, as amended by
     2  chapter 877 of the laws of 1976, is amended to read as follows:
     3  § 160.60 Effect  of  termination  of  criminal  actions  in favor of the
     4             accused.
     5    1. Upon the termination of a criminal action or proceeding  against  a
     6  person in favor of such person, as defined in subdivision [two] three of
     7  section  160.50  of  this  [chapter] article, the arrest and prosecution
     8  shall be deemed a nullity and the accused shall be restored, in  contem-
     9  plation  of  law, to the status he occupied before the arrest and prose-
    10  cution.  The arrest or prosecution shall not operate as a  disqualifica-
    11  tion  of  any  person  so  accused  to  pursue  or  engage in any lawful
    12  activity, occupation, profession, or calling.  Except where specifically
    13  required or permitted by statute or upon  specific  authorization  of  a
    14  superior  court, no such person shall be required to divulge information
    15  pertaining to the arrest or prosecution.
    16    2. Upon the termination of a criminal action or proceeding  against  a
    17  minor pursuant to section 160.50 of this article, all photographs, fing-
    18  erprints,  palmprints,  and  arrest  records  related  to such action or
    19  proceeding shall be expunged only if such  minor  has  no  prior  arrest
    20  record.  For purposes of this article, "minor" shall have the same mean-
    21  ing as juvenile offender as defined by subdivision forty-two of  section
    22  1.20 of this chapter.
    23    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04797-01-9