S T A T E   O F   N E W   Y O R K
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                                  7319

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               May 5, 2015
                               ___________

Introduced  by M. of A. KAMINSKY, LENTOL -- (at request of the Office of
  Court Administration) -- read once and referred to  the  Committee  on
  Codes

AN  ACT  to  amend  the criminal procedure law, in relation to unsealing
  criminal records

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

  Section  1.  Paragraph  (d)  of subdivision 1 of section 160.50 of the
criminal procedure law, as amended by section 73 of subpart B of part  C
of chapter 62 of the laws of 2011, is amended to read as follows:
  (d)  such  records shall be made available to the person accused or to
such person's designated agent, and shall be made  available  to  (i)  a
prosecutor in any proceeding in which the accused has moved for an order
pursuant  to  section  170.56  or  210.46 of this chapter, or (ii) a law
enforcement agency upon ex parte motion in any superior court, OR IN ANY
DISTRICT COURT, CITY COURT OR THE CRIMINAL COURT OF THE CITY OF NEW YORK
PROVIDED THAT SUCH COURT SEALED THE RECORD, if such agency  demonstrates
to the satisfaction of the court that justice requires that such records
be  made  available to it, or (iii) any state or local officer or agency
with responsibility for the issuance of licenses to possess  guns,  when
the  accused  has  made  application for such a license, or (iv) the New
York state department of corrections and community supervision when  the
accused is on parole supervision as a result of conditional release or a
parole  release  granted  by the New York state board of parole, and the
arrest which is the subject of the inquiry is one which  occurred  while
the  accused was under such supervision, or (v) any prospective employer
of a police officer or peace officer  as  those  terms  are  defined  in
subdivisions  thirty-three and thirty-four of section 1.20 of this chap-
ter, in relation to an application for employment as a police officer or
peace officer; provided, however, that every person who is an  applicant
for  the  position of police officer or peace officer shall be furnished

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09287-02-5
              

A. 7319                             2

with a copy of all records obtained under this paragraph and afforded an
opportunity to make  an  explanation  thereto,  or  (vi)  the  probation
department  responsible  for  supervision of the accused when the arrest
which  is  the  subject  of  the inquiry is one which occurred while the
accused was under such supervision; and
  S 2. Paragraph (d) of subdivision 1 of section 160.55 of the  criminal
procedure  law, as amended by section 74 of subpart B of part C of chap-
ter 62 of the laws of 2011, is amended to read as follows:
  (d) the records referred to in paragraph (c) of this subdivision shall
be made available to the person accused or to such  person's  designated
agent, and shall be made available to (i) a prosecutor in any proceeding
in  which  the accused has moved for an order pursuant to section 170.56
or 210.46 of this chapter, or (ii) a  law  enforcement  agency  upon  ex
parte motion in any superior court, OR IN ANY DISTRICT COURT, CITY COURT
OR  THE  CRIMINAL COURT OF THE CITY OF NEW YORK PROVIDED THAT SUCH COURT
SEALED THE RECORD, if such agency demonstrates to  the  satisfaction  of
the  court  that justice requires that such records be made available to
it, or (iii) any state or local officer or  agency  with  responsibility
for  the issuance of licenses to possess guns, when the accused has made
application for such a license, or (iv) the New York state department of
corrections and community supervision when the accused is  under  parole
supervision as a result of conditional release or parole release granted
by  the  New  York  state  board  of  parole and the arrest which is the
subject of the inquiry is one which occurred while the accused was under
such supervision, or (v) the probation department responsible for super-
vision of the accused when the  arrest  which  is  the  subject  of  the
inquiry  is  one  which occurred while the accused was under such super-
vision, or (vi) a police agency, probation department, sheriff's office,
district attorney's office, department of correction of any municipality
and parole department, for law  enforcement  purposes,  upon  arrest  in
instances  in which the individual stands convicted of harassment in the
second degree, as defined in section 240.26 of the penal law,  committed
against  a  member  of the same family or household as the defendant, as
defined in subdivision one of section 530.11 of this chapter, and deter-
mined pursuant to subdivision eight-a of section 170.10 of  this  title;
and
  S 3. This act shall take effect immediately.