Bill Text: NY S08611 | 2019-2020 | General Assembly | Introduced


Bill Title: Provides for the automatic expungement of records of arrest in certain situations.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2020-06-22 - REFERRED TO RULES [S08611 Detail]

Download: New_York-2019-S08611-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8611

                    IN SENATE

                                      June 22, 2020
                                       ___________

        Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to amend the criminal procedure law, in relation to the automatic
          expungement of arrest 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 160.61 to read as follows:
     3  § 160.61 Automatic expungement of records of arrest.
     4    1.  In  any jurisdiction in which an arrest occurred where such arrest
     5  is voidable, a court which had jurisdiction, or would have had jurisdic-
     6  tion over the matter had such arrest not been voidable  shall  issue  an
     7  order  expunging  any and all records, pursuant to such arrest not later
     8  than thirty days after the date on which such arrest becomes a  voidable
     9  arrest.  For  purposes  of  this subdivision, the term "voidable arrest"
    10  means any arrest resulting in the following:
    11    (a) the individual was released without the filing of formal charges;
    12    (b) a determination was made that  the  arrest  was  without  probable
    13  cause; or
    14    (c) the dismissal of proceedings against the individual.
    15    2. (a) When an order is issued for the expungement of records pursuant
    16  to  this  section,  the  heads  of  all  appropriate police departments,
    17  prosecutor's offices and law enforcement agencies shall be  notified  by
    18  the  court  that  all records of or relating to any such arrest be imme-
    19  diately expunged as follows:
    20    (i) every photograph of such person and photographic plate  or  proof,
    21  and  all  palmprints,  fingerprints and retina scans made of such person
    22  pursuant to the provisions of  this  article,  and  all  duplicates  and
    23  copies  thereof,  except  a  digital  fingerprint image where authorized
    24  pursuant to subparagraph (iv) of  this  paragraph,  shall  forthwith  be
    25  destroyed  by any police department, prosecutor's office or law enforce-
    26  ment agency having any such photograph, photographic plate, fingerprints
    27  or retina scans under its possession or control;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16730-01-0

        S. 8611                             2

     1    (ii) any police department, prosecutor's  office  or  law  enforcement
     2  agency, including the division of criminal justice services, which tran-
     3  smitted or otherwise forwarded to any agency of the United States or any
     4  other  state or jurisdiction outside the state of New York copies of any
     5  such  photographs,  photographic  plates  or proofs, palmprints, finger-
     6  prints or retina scans shall forthwith formally inform  such  agency  in
     7  writing  that  the  matter has been expunged and request in writing that
     8  all such copies be destroyed or returned to any such department,  office
     9  or agency in the state of New York;
    10    (iii)  all  official  records  and papers, including judgments for and
    11  orders of a court but not including public court decisions  or  opinions
    12  or  records  or  briefs relating to the arrest, including any duplicates
    13  and  copies  thereof  on  file  with  any  court,   police   department,
    14  prosecutor's  office  or  law  enforcement  agency  shall  be  marked as
    15  expunged and sealed and not be made  available  to,  or  used  for,  any
    16  purpose  not  explicitly  authorized  by  law by any person or public or
    17  private agency; and
    18    (iv) where fingerprints subject to the provisions of this section have
    19  been received by the division of criminal justice services and have been
    20  filed by the division as digital images, such images  may  be  retained,
    21  provided  that  a fingerprint card of the individual is on file with the
    22  division and was not expunged pursuant to this section.
    23    (b) Notification of expungement shall be provided to the person  whose
    24  arrest was voidable and to his or her attorney of record, if any.
    25    3. In any situation where automatic expungement and record destruction
    26  have  not  taken  place as required by this section, or where supporting
    27  court records cannot be located or have been destroyed, an individual or
    28  his or her attorney may submit a notification of such fact  to  a  court
    29  which  had  jurisdiction over the matter, or which would have had juris-
    30  diction over such matter had the arrest  not  been  voidable,  and  such
    31  arrest records shall be expunged as set forth pursuant to this section.
    32    4.  A  person  who  has  received  expungement of an arrest under this
    33  section may respond to any employment inquiry as though the  arrest  did
    34  not occur.
    35    § 2. This act shall take effect on the one hundred eightieth day after
    36  it shall have become a law.
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