NY State Assembly Bill 2009-A8911

Assembly Bill A8911

2009-2010 Legislative Session

Repeals section 160.58 of the criminal procedure law which requires the sealing of the conviction records of persons who have completed drug treatment program; repealer

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to codes
Jun 15, 2009	referred to codes

multi-Sponsors

2009-A8911 (ACTIVE) - Details

See Senate Version of this Bill:: S5684
Current Committee:: Assembly Codes
Law Section:: Executive Law
Laws Affected:: Rpld §160.58, CP L; amd §296, Exec L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A6067, S1992
2013-2014: A2277, S2507
2015-2016: A4157, S1470
2017-2018: A2334, S2994
2019-2020: A4718

2009-A8911 (ACTIVE) - Summary

Repeals section 160.58 of the criminal procedure law which requires the sealing of the conviction records of persons who have completed a judicial diversion program or a drug treatment alternative to prison.

2009-A8911 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A8911

TITLE  OF  BILL:    An  act to amend the executive law, in relation to
inquiries about certain sealed  convictions;  and  to  repeal  section
160.58  of  the criminal procedure law relating to conditional sealing
of certain  controlled  substances,  marihuana  or  specified  offense
convictions

PURPOSE  OR  GENERAL  IDEA OF BILL: This bill would repeal the sealing
provision of the so-called "Rockefeller Drug Law Reform" enacted as  a
part  of  New  York  State's  2009-2010  Budget, which allows criminal
courts, on notice to the prosecutor, to seal the criminal  records  of
felons  upon  their  successful  completion of "drug court," and would
restore the  ability  of  prospective  employers  to  obtain  accurate
criminal background checks.

SUMMARY  OF  SPECIFIC  PROVISIONS: Section 1: Repeals CPL 150.68 which
authorizes a criminal court on its own motion, or upon motion  of  the
defendant, and on notice to the prosecutor, to seal all records of the
current prosecution for Class B, C, D and E drug felonies, in addition
to  a  number  of  non-drug  offenses  enumerated  in CPL 410.91, if a
defendant successfully completes a  "diversion"  program,  i.e.,  drug
court.  The section to be repealed further allows the Court to seal up
to three previous drug misdemeanors in addition to the pending  felony
or  felonies.  Section  2:  Makes a conforming change to Executive Law
296. Section 3: Effective date - immediately

JUSTIFICATION: The Legislature has authorized  and  required  criminal
background  checks  be  conducted  when  persons  apply  for  firearms
licenses or licenses to sell firearms. The  Legislature  has  likewise
provided  that  prospective  employers  can check applicants' criminal
histories when they apply to be teachers,  daycare  and  nursing  home
workers,  caregivers  for  the mentally disabled and caregivers in the
home, as well as for positions that require security clearance such as
detectives, bank guards and armored car guards.

The  expansive  sealing  provision   enacted   under   the   so-called
"Rockefeller Drug Law Reform," purportedly to give drug criminals with
up  to four serious crimes on their records a clean slate, effectively
insulates a whole class of criminals from this necessary scrutiny  and
thereby  exposes  to  unwarranted  risks  vulnerable  segments  of our
society, our children, our elderly, our  bank  tellers.  In  order  to
fulfill  the  Legislative  purpose  in allowing and mandating criminal
background checks, the recently enacted  sealing  provisions  must  be
stricken.    Notably,  this  legislation would have no effect on other
sealing provisions provided to youthful offenders or persons acquitted
of crimes or where the  charges  are  adjourned  in  contemplation  of
dismissal.

PRIOR LEGISLATIVE HISTORY: None

FISCAL IMPLICATIONS:  None

EFFECTIVE DATE: Immediately

2009-A8911 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8911

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 15, 2009
                               ___________

Introduced by M. of A. FIELDS -- read once and referred to the Committee
  on Codes

AN  ACT  to  amend  the  executive  law,  in relation to inquiries about
  certain sealed convictions; and to repeal section 160.58 of the crimi-
  nal  procedure  law  relating  to  conditional  sealing   of   certain
  controlled substances, marihuana or specified offense convictions

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 160.58 of the criminal procedure law is REPEALED.
  S 2. Subdivision 16 of section 296 of the executive law, as separately
amended by section 3 of part N and section 14 of part AAA of chapter  56
of the laws of 2009, is amended to read as follows:
  16.  It  shall  be an unlawful discriminatory practice, unless specif-
ically required or permitted by statute, for any person, agency, bureau,
corporation or association, including the state and any political subdi-
vision thereof, to make any inquiry about, whether in any form of appli-
cation or  otherwise,  or  to  act  upon  adversely  to  the  individual
involved,  any arrest or criminal accusation of such individual not then
pending against that individual which was followed by a  termination  of
that  criminal  action  or  proceeding  in  favor of such individual, as
defined in subdivision two of section 160.50 of the  criminal  procedure
law,  or  by a youthful offender adjudication, as defined in subdivision
one of section 720.35 of the criminal procedure law, or by a  conviction
for a violation sealed pursuant to section 160.55 of the criminal proce-
dure  law [or by a conviction which is sealed pursuant to section 160.58
of the criminal  procedure  law],  in  connection  with  the  licensing,
employment  or  providing  of  credit  or  insurance to such individual;
provided, further, that no person shall be required to divulge  informa-
tion  pertaining to any arrest or criminal accusation of such individual
not then pending against that individual which was followed by a  termi-
nation  of  that criminal action or proceeding in favor of such individ-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14086-01-9

A. 8911                             2

ual, as defined in subdivision two of section  160.50  of  the  criminal
procedure  law,  or  by  a youthful offender adjudication, as defined in
subdivision one of section 720.35 of the criminal procedure law, or by a
conviction  for  a  violation  sealed  pursuant to section 160.55 of the
criminal procedure law[, or by a conviction which is sealed pursuant  to
section  160.58  of  the criminal procedure law]. The provisions of this
subdivision shall not apply to the licensing activities of  governmental
bodies  in relation to the regulation of guns, firearms and other deadly
weapons or in relation to an application  for  employment  as  a  police
officer  or  peace  officer  as  those terms are defined in subdivisions
thirty-three and thirty-four of section 1.20 of the  criminal  procedure
law;  provided further that the provisions of this subdivision shall not
apply to an application for employment or membership in any law enforce-
ment agency with respect to any arrest or criminal accusation which  was
followed  by a youthful offender adjudication, as defined in subdivision
one of section 720.35 of the criminal procedure law, or by a  conviction
for a violation sealed pursuant to section 160.55 of the criminal proce-
dure law[, or by a conviction which is sealed pursuant to section 160.58
of the criminal procedure law].
  S 3. This act shall take effect immediately.

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Assembly Bill A8911

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FIELDS