NY State Senate Bill 2011-S1992

Senate Bill S1992

2011-2012 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

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Archive: Last Bill Status - In Senate Committee Codes 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 04, 2012	referred to codes
Jan 14, 2011	referred to codes

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2011-S1992 (ACTIVE) - Details

See Assembly Version of this Bill:: A6067
Current Committee:: Senate Codes
Law Section:: Executive Law
Laws Affected:: Rpld §160.58, CP L; amd §296, Exec L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5684, A8911
2013-2014: S2507, A2277
2015-2016: S1470, A4157
2017-2018: S2994, A2334
2019-2020: A4718

2011-S1992 (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.

2011-S1992 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1992

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:
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 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.

LEGISLATIVE HISTORY:


S.5684 of 2010 - Referred to Codes

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
Immediately.

2011-S1992 (ACTIVE) - Bill Text download pdf

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

                                  1992

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 14, 2011
                               ___________

Introduced  by  Sens.  GOLDEN, BONACIC, DeFRANCISCO, FUSCHILLO, JOHNSON,
  LAVALLE, RANZENHOFER, SALAND -- read twice and  ordered  printed,  and
  when printed to be committed 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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05115-01-1

S. 1992                             2

nation  of  that criminal action or proceeding in favor of such individ-
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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