Bill Text: NY S08114 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to sealing petty offenses.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-06-20 - COMMITTED TO RULES [S08114 Detail]

Download: New_York-2017-S08114-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          8114
                    IN SENATE
                                     March 29, 2018
                                       ___________
        Introduced  by Sen. LANZA -- (at request of the Office of Court Adminis-
          tration) -- 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 sealing petty
          offenses
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The opening paragraph of subdivision 1 of section 160.55 of
     2  the criminal procedure law, as amended by chapter 169  of  the  laws  of
     3  1994, is amended to read as follows:
     4    [Upon]  Regardless  of  the  class  of  offense  for which a person is
     5  initially charged, upon the termination of a criminal action or proceed-
     6  ing against a person by the conviction  of  such  person  of  a  traffic
     7  infraction  or  a  violation,  other  than  a  violation of loitering as
     8  described in paragraph (d) [or (e)] of subdivision one of section 160.10
     9  of this chapter or the violation of  operating  a  motor  vehicle  while
    10  ability  impaired  as  described  in  subdivision  one of section eleven
    11  hundred ninety-two of the vehicle and traffic law, unless  the  district
    12  attorney upon motion with not less than five [days] days' notice to such
    13  person  or  his  or her attorney demonstrates to the satisfaction of the
    14  court that the interests of justice require otherwise, or the  court  on
    15  its  own  motion  with  not  less  than five [days] days' notice to such
    16  person or his or her attorney determines that the interests  of  justice
    17  require  otherwise  and states the reasons for such determination on the
    18  record, the clerk of the court wherein such criminal action or  proceed-
    19  ing  was  terminated  shall  immediately  notify the commissioner of the
    20  division of criminal justice services and the heads of  all  appropriate
    21  police  departments  and  other law enforcement agencies that the action
    22  has been terminated by such conviction. Upon receipt of notification  of
    23  such termination:
    24    §  2.  This  act shall take effect on the ninetieth day after it shall
    25  have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14501-01-8