NY State Senate Bill 2015-S6702

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 08, 2016	referred to codes

2015-S6702 (ACTIVE) - Details

See Assembly Version of this Bill:: A9088
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §160.60, CP L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S2765, A2893
2019-2020: S6006, A3329
2021-2022: S3517, A3285
2023-2024: S1660, A2392

2015-S6702 (ACTIVE) - Summary

Relates to the effect of termination of criminal actions and proceedings against a minor.

2015-S6702 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6702

 TITLE OF BILL :

An act to amend the criminal procedure law, in relation to the effect
of termination of criminal actions and proceedings against a minor

 PURPOSE :

To provide minors who have a criminal proceeding terminated in their
favor to have their arrest record, fingerprints, and photographs
expunged if the minor has no previous arrest record.

 SUMMARY OF PROVISIONS :

Section one of this bill amends Criminal Procedure Law section 160.60
to provide that when a minor has a criminal proceeding terminated in
his or her favor, his or her arrest record, fingerprints, and
photographs connected with such terminated proceeding, shall be
expunged if the minor has no previous arrest record.

Section two of this bill provides that this act shall take effect
immediately.

 EXISTING LAW :

Criminal Procedure Law section 160.60 provides that when a criminal
proceeding is terminated in favor of the accused, the accused's arrest
is deemed to be a nullity.

 JUSTIFICATION :

Although the current law deems the arrest of a person whose criminal
proceeding is terminated in his or her behalf a nullity, it does not
require that the accused's arrest records, fingerprints and
photographs for such alleged crime be expunged. This bill would
require those records to be expunged when the person whose criminal
proceeding is terminated in their favor is a minor with no prior
arrest record.

Arrest records can have a negative impact on a person's future. When a
minor with a clean record has a criminal proceeding terminated in his
or her favor, the minor should have his or her arrest record,
fingerprints and photographs expunged because the arrest is treated as
a nullity. Expunging these records gives the minor the chance to keep
his or her record clean. This will provide the minor with the ability
to move forward and make a positive contribution to society.

 LEGISLATIVE HISTORY :

New bill

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S6702 (ACTIVE) - Bill Text download pdf

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

                                  6702

                            I N  S E N A T E

                            February 8, 2016
                               ___________

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

AN ACT to amend the criminal procedure law, in relation to the effect of
  termination of criminal actions and proceedings against a minor

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

  Section 1. Section 160.60 of the criminal procedure law, as amended by
chapter 877 of the laws of 1976, is amended to read as follows:
S 160.60 Effect  of  termination  of  criminal  actions  in favor of the
           accused.
  1. Upon the termination of a criminal action or proceeding  against  a
person in favor of such person, as defined in subdivision [two] THREE of
section  160.50  of  this  [chapter] ARTICLE, the arrest and prosecution
shall be deemed a nullity and the accused shall be restored, in  contem-
plation  of  law, to the status he occupied before the arrest and prose-
cution.  The arrest or prosecution shall not operate as a  disqualifica-
tion  of  any  person  so  accused  to  pursue  or  engage in any lawful
activity, occupation, profession, or calling.  Except where specifically
required or permitted by statute or upon  specific  authorization  of  a
superior  court, no such person shall be required to divulge information
pertaining to the arrest or prosecution.
  2. UPON THE TERMINATION OF A CRIMINAL ACTION OR PROCEEDING  AGAINST  A
MINOR PURSUANT TO SECTION 160.50 OF THIS ARTICLE, ALL PHOTOGRAPHS, FING-
ERPRINTS,  PALMPRINTS,  AND  ARREST  RECORDS  RELATED  TO SUCH ACTION OR
PROCEEDING SHALL BE EXPUNGED ONLY IF SUCH  MINOR  HAS  NO  PRIOR  ARREST
RECORD.  FOR PURPOSES OF THIS ARTICLE, "MINOR" SHALL HAVE THE SAME MEAN-
ING AS JUVENILE OFFENDER AS DEFINED BY SUBDIVISION FORTY-TWO OF  SECTION
1.20 OF THIS CHAPTER.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13239-02-6

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Senate Bill S6702

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

2015-S6702 (ACTIVE) - Details

2015-S6702 (ACTIVE) - Summary

2015-S6702 (ACTIVE) - Sponsor Memo

2015-S6702 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6702

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Sponsored By

Martin J. Golden

Archive: Last Bill Status - In Senate Committee Codes Committee

2015-S6702 (ACTIVE) - Details

2015-S6702 (ACTIVE) - Summary

2015-S6702 (ACTIVE) - Sponsor Memo

2015-S6702 (ACTIVE) - Bill Text download pdf

Comments