Assembly Bill A2142

2017-2018 Legislative Session

Relates to sealing records for certain proceedings

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules 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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2017-A2142 (ACTIVE) - Details

See Senate Version of this Bill:
S3809
Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Amd §221.05, Pen L; amd §160.50, CP L
Versions Introduced in Other Legislative Sessions:
2015-2016: A10092, S8047
2019-2020: A933

2017-A2142 (ACTIVE) - Summary

Relates to sealing records for certain proceedings that terminate in favor of the accused where the charges relate to the possession of marihuana.

2017-A2142 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2142
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
   relation to sealing records for certain proceedings
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 221.05 of the penal law, as added by chapter 360 of
 the laws of 1977, is amended to read as follows:
 § 221.05 Unlawful possession of marihuana.
   A person is guilty of unlawful possession of marihuana when  he  know-
 ingly and unlawfully possesses marihuana.
   Unlawful  possession  of marihuana is a violation punishable only by a
 fine of not more than one hundred dollars. However, where the  defendant
 has  previously  been  convicted of [an offense] A CRIME defined in this
 article, EXCEPT A CRIME  DEFINED  IN  SECTION  221.10  OF  THIS  ARTICLE
 PROVIDED,  HOWEVER,  THAT  THE RECORD OF SUCH CONVICTION DOES NOT DEMON-
 STRATE A CONVICTION UNDER SUBDIVISION TWO OF  SUCH  SECTION  221.10,  or
 article 220 of this chapter, committed within the three years immediate-
 ly  preceding  such violation, it shall be punishable (a) only by a fine
 of not more than two hundred dollars, if the  defendant  was  previously
 convicted of one such offense committed during such period, and (b) by a
 fine  of  not more than two hundred fifty dollars or a term of imprison-
 ment not in excess of fifteen days or both, if the defendant was  previ-
 ously convicted of two such offenses committed during such period.
   §  2. Paragraph (k) of subdivision 3 of section 160.50 of the criminal
 procedure law, as added by chapter 835 of the laws of 1977 and as relet-
 tered by chapter 192 of the laws of 1980, is amended to read as follows:
   (k) (i) The accusatory instrument alleged a violation of  article  two
 hundred  twenty  or section 240.36 of the penal law, prior to the taking
 effect of article  two  hundred  twenty-one  of  the  penal  law,  or  a
 violation  of  article two hundred twenty-one of the penal law; (ii) the
 sole  controlled  substance  involved  is  marijuana;  AND   (iii)   the
 conviction  was  only  for a violation or violations[; and (iv) at least
 three years have passed since the offense occurred] OF SECTION 221.10 OF
              

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