Bill Text: NY S06176 | 2019-2020 | General Assembly | Amended


Bill Title: Requires automatic sealing of certain misdemeanor records; provides exceptions thereto; requires the division of criminal justice services to publish statistics on automatic sealing of certain records.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CODES [S06176 Detail]

Download: New_York-2019-S06176-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         6176--A

                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 21, 2019
                                       ___________

        Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
          printed to be  committed  to  the  Committee  on  Codes  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN  ACT  to  amend  the criminal procedure law and the executive law, in
          relation to automatic sealing of certain misdemeanor records

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

     1    Section  1.  The  criminal  procedure  law  is amended by adding a new
     2  section 160.57 to read as follows:
     3  § 160.57 Automatic sealing of certain misdemeanor records.
     4    1. As used in this section, "eligible offense" shall mean  any  misde-
     5  meanor  crime defined in the laws of this state other than a sex offense
     6  defined in article one hundred  thirty of the penal law, or  an  offense
     7  for which registration as a sex offender is required pursuant to article
     8  six-C  of the correction law. For the purposes of this section, where an
     9  individual is convicted of more than one eligible offense  committed  as
    10  part  of the same  criminal transaction as defined in subdivision two of
    11  section 40.10 of this chapter, such   offenses shall be  considered  one
    12  eligible offense.
    13    2. Where an individual has been convicted in New York state of no more
    14  than  two  eligible offenses and ten years have passed since the imposi-
    15  tion of the sentence on an  individual's latest criminal  conviction  in
    16  New York state, all official records and papers relating to the arrests,
    17  prosecutions, and convictions of such offenses, including all duplicates
    18  and  copies  thereof  on  file  with  the  division  of criminal justice
    19  services or any court, shall be sealed and not made available  to    any
    20  person  or  public  or  private agency except as provided in subdivision
    21  four of this  section; provided, however, the division shall retain  any
    22  fingerprints,  palmprints  and    photographs,  or digital images of the
    23  same. The commissioner of the  division  of  criminal  justice  services

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11923-03-9

        S. 6176--A                          2

     1  shall  immediately  notify the office of court administration, the clerk
     2  of such court where the individual was convicted, and the heads  of  all
     3  appropriate  police    departments  and  other  law enforcement agencies
     4  regarding the records that shall be sealed pursuant to this section.  In
     5  calculating  the  ten  year period under this subdivision, any period of
     6  time during which the person was incarcerated shall be excluded and such
     7  ten year period shall be extended by a period equal to the  time  served
     8  under such incarceration.
     9    3.  Sealing  of  records  pursuant  to subdivision two of this section
    10  shall not apply to the records of any individual where such individual:
    11    (a) is required to register as a  sex  offender  pursuant  to  article
    12  six-C of the correction law;
    13    (b)   has  previously  obtained  sealing  of  the  maximum  number  of
    14  convictions allowable under section 160.58 of this article;
    15    (c)  has  previously  obtained  sealing  of  the  maximum  number   of
    16  convictions allowable under subdivision two of this section;
    17    (d) has an undisposed arrest or charge pending in New York state;
    18    (e) was convicted of any crime in New York state after the date of the
    19  entry of judgment of the last conviction for which sealing is sought;
    20    (f)  has  been convicted of any crime in New York state that is not an
    21  eligible offense; or
    22    (g) has been convicted of more than two crimes in New York state.
    23    4. Notwithstanding any other provisions of this section,  an  individ-
    24  ual's  records  that  have been sealed pursuant to this section shall be
    25  made available to:
    26    (a) such individual or such individual's designated agent;
    27    (b) qualified agencies, as defined  in  subdivision  nine  of  section
    28  eight  hundred  thirty-five  of the executive law, and federal and state
    29  law enforcement agencies, when acting within  the  scope  of  their  law
    30  enforcement duties;
    31    (c)  any state or local officer or agency responsible for the issuance
    32  of licenses to possess guns, when such individual has made  an  applica-
    33  tion for such a license;
    34    (d)  any prospective employer of a police officer or peace officer, as
    35  those terms are defined in subdivisions thirty-three and thirty-four  of
    36  section 1.20 of this chapter, in  relation to such individual's applica-
    37  tion  for  employment  as  a  police officer or peace officer; provided,
    38  however, that every such applicant for the position of police officer or
    39  peace officer shall be furnished with a copy  of  all  records  obtained
    40  under  this  paragraph and   shall be afforded an opportunity to make an
    41  explanation thereto; and
    42    (e) the criminal justice information services division of the  federal
    43  bureau  of  investigation,  for the purposes of responding to queries to
    44  the national instant criminal background check system regarding attempts
    45  to purchase or otherwise take possession of firearms, as defined  in  18
    46  USC 921 (a) (3).
    47    5.  In situations where sealing of an individual's records is required
    48  under subdivision two of this section, but has not taken place, and such
    49  individual or such   individual's attorney presents  to  the  office  of
    50  court  administration  fingerprint records from the division of criminal
    51  justice services or a court disposition indicating that the  period  for
    52  eligibility has been satisfied for an eligible conviction, within thirty
    53  days  of notice to the office of court administration, such individual's
    54  records shall be sealed as set forth in subdivision two of this section.
    55    6. No person shall be required or permitted to waive  eligibility  for
    56  sealing  pursuant to this section as part of a plea of guilty, sentence,

        S. 6176--A                          3

     1  or any agreement related to a conviction   for an eligible  offense  and
     2  any such waiver shall be deemed void and wholly unenforceable.
     3    §  2.  Section  837  of  the  executive law is amended by adding a new
     4  subdivision 22 to read as follows:
     5    22. Annually publish on the division's  website  statistics  regarding
     6  the total number of convictions automatically sealed pursuant to section
     7  160.57 of the criminal procedure law.
     8    § 3. This act shall take effect immediately.
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