senate Bill S4841

Relates to sealing court records involving cases dismissed at arraignment or earlier

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Sponsor

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 27 / Apr / 2011
    • REFERRED TO CODES
  • 10 / May / 2011
    • 1ST REPORT CAL.563
  • 11 / May / 2011
    • 2ND REPORT CAL.
  • 16 / May / 2011
    • ADVANCED TO THIRD READING
  • 24 / Jun / 2011
    • COMMITTED TO RULES
  • 04 / Jan / 2012
    • REFERRED TO CODES

Summary

Relates to sealing court records involving cases dismissed at arraignment or earlier.

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Bill Details

See Assembly Version of this Bill:
A7624
Versions:
S4841
Legislative Cycle:
2011-2012
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §160.50, CP L

Votes

Sponsor Memo

BILL NUMBER:S4841

TITLE OF BILL:
An act
to amend the criminal procedure law, in relation to sealing court
records
involving cases dismissed at arraignment or earlier

PURPOSE:
To provide for the sealing of court records involving certain cases
dismissed at arraignment or earlier

SUMMARY OF PROVISIONS:
Section 1: Amends Criminal Procedure Law § 160.50(3)(b) to include
orders to dismiss pursuant to CPL §§ 140.45 and 150.50 as those which
may be dismissed in favor of the accused and subsequently sealed.

Section 2: Sets forth the effective date.

JUSTIFICATION:
The purpose of this bill is to make the sealing provisions of
subdivision 160.50 of the Criminal Procedure Law more comprehensive
and to include additional dismissal sections of the CPL subject to
the provisions of CPL 160.50. Section 160.50 requires the court to
enter an order upon termination of criminal charges in favor of the
accused. Such order requires among other things, that records must be
sealed or destroyed as set forth in the section.

The addition of sections 140.45 and 150.50 into CPL 160.50 is
consistent with the purposes of the CPL 160.50. When an accusatory
instrument is dismissed pursuant to subdivisions 140.45 or 150.50,
the proceeding is terminated by dismissal and such dismissal should
afford the accused the protections enumerated in section 160.50. This
bill accomplishes such outcome.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Ninetieth day after it shall have become law.

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The Bill text is not available.

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