assembly Bill A3665A

2009-2010 Legislative Session

Requires the division of criminal justice services to send notice to certain agencies relating to warrants

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


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

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 25, 2010 print number 3665a
Jan 25, 2010 amend and recommit to codes
Jan 06, 2010 referred to codes
Jan 28, 2009 referred to codes

A3665 - Details

See Senate Version of this Bill:
S2655
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §530.70, CP L
Versions Introduced in Other Legislative Sessions:
2011-2012: A6473, S3377
2013-2014: A2896, S3255
2015-2016: A3998, S4939
2017-2018: A3455, S2872
2019-2020: A4128, S3256

A3665 - Summary

Creates a process whereby the division of criminal justice services is to verify criminal record information where certain arrest warrant information contains contradictory information; requires the division of criminal justice services to contact various law enforcement entities and the courts in order to clarify the contradictions.

A3665 - Bill Text download pdf

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

                                  3665

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2009
                               ___________

Introduced  by M. of A. AUBRY -- read once and referred to the Committee
  on Codes

AN ACT to amend the criminal procedure law, in relation to notice by the
  division of criminal justice services

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

  Section  1. Section 530.70 of the criminal procedure law is amended by
adding a new subdivision 7 to read as follows:
  7. WHEN A CRIMINAL RECORD  MAINTAINED  BY  THE  DIVISION  OF  CRIMINAL
JUSTICE  SERVICES  PURSUANT  TO SUBDIVISION SIX OF SECTION EIGHT HUNDRED
THIRTY-SEVEN OF THE EXECUTIVE LAW CONTAINS A WARRANT ON A CASE INITIATED
AFTER JANUARY FIRST, TWO THOUSAND ELEVEN, THAT HAS NOT BEEN RECALLED AND
THE DIVISION OF CRIMINAL JUSTICE SERVICES SUBSEQUENTLY RECEIVES A REPORT
OF A NEW COURT PROCEEDING ON THE CASE THAT CONTAINS  THE  WARRANT  OR  A
REPORT ON A NEW ARREST BUT NO REPORT THAT THE WARRANT HAS BEEN RECALLED,
THE  DIVISION OF CRIMINAL JUSTICE SERVICES SHALL  SEND A NOTIFICATION TO
THE CLERK OF THE COURT OF THE LOCAL CRIMINAL COURT WHERE THE  ARREST  IS
BEING  PROSECUTED, THE OFFICE OF COURT ADMINISTRATION, AND THE ARRESTING
AGENCY WHICH FORWARDED THE FINGERPRINTS OF THE PERSON TO THE DIVISION OF
CRIMINAL JUSTICE SERVICES.  SUCH NOTICE SHALL STATE THAT IF THE DIVISION
OF CRIMINAL JUSTICE SERVICES DOES NOT RECEIVE INFORMATION  FROM  ANY  OF
THESE  AGENCIES THAT THE WARRANT IS STILL ACTIVE, THE DIVISION OF CRIMI-
NAL JUSTICE SERVICES SHALL INDICATE ON THE INDIVIDUAL'S CRIMINAL  RECORD
THAT  THE  WARRANT  HAS BEEN RECALLED. IF ONE OF THESE AGENCIES NOTIFIES
THE DIVISION OF CRIMINAL JUSTICE   SERVICES THAT THE  WARRANT  HAS  BEEN
RECALLED,  THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES SHALL ADD THIS
INFORMATION TO THE INDIVIDUAL'S CRIMINAL RECORD. IF, AFTER  SIXTY  DAYS,
THE  DIVISION    OF CRIMINAL JUSTICE SERVICES RECEIVES NO RESPONSES FROM
ANY OF THE AGENCIES IT HAS CONTACTED OR IF THE  AGENCIES  INDICATE  THAT
THEY CANNOT FIND ANY RECORD OF THE WARRANT, THE WARRANT SHALL BE CONSID-
ERED  RECALLED AND RECORDED AS SUCH ON THE INDIVIDUAL'S  CRIMINAL RECORD

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04440-01-9

A3665A (ACTIVE) - Details

See Senate Version of this Bill:
S2655
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §530.70, CP L
Versions Introduced in Other Legislative Sessions:
2011-2012: A6473, S3377
2013-2014: A2896, S3255
2015-2016: A3998, S4939
2017-2018: A3455, S2872
2019-2020: A4128, S3256

A3665A (ACTIVE) - Summary

Creates a process whereby the division of criminal justice services is to verify criminal record information where certain arrest warrant information contains contradictory information; requires the division of criminal justice services to contact various law enforcement entities and the courts in order to clarify the contradictions.

A3665A (ACTIVE) - Sponsor Memo

A3665A (ACTIVE) - Bill Text download pdf

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

                                 3665--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2009
                               ___________

Introduced  by M. of A. AUBRY -- read once and referred to the Committee
  on Codes -- recommitted to the Committee on Codes in  accordance  with
  Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the criminal procedure law, in relation to notice by the
  division of criminal justice services

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

  Section 1. Section 530.70 of the criminal procedure law is amended  by
adding a new subdivision 7 to read as follows:
  7.  WHEN  A  CRIMINAL  RECORD  MAINTAINED  BY THE DIVISION OF CRIMINAL
JUSTICE SERVICES PURSUANT TO SUBDIVISION SIX OF  SECTION  EIGHT  HUNDRED
THIRTY-SEVEN OF THE EXECUTIVE LAW CONTAINS A WARRANT ON A CASE INITIATED
AFTER JANUARY FIRST, TWO THOUSAND TWELVE, THAT HAS NOT BEEN RECALLED AND
THE DIVISION OF CRIMINAL JUSTICE SERVICES SUBSEQUENTLY RECEIVES A REPORT
OF  A  NEW  COURT  PROCEEDING ON THE CASE THAT CONTAINS THE WARRANT OR A
REPORT ON A NEW ARREST BUT NO REPORT THAT THE WARRANT HAS BEEN RECALLED,
THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL  SEND A NOTIFICATION  TO
THE  CLERK  OF THE COURT OF THE LOCAL CRIMINAL COURT WHERE THE ARREST IS
BEING PROSECUTED, THE OFFICE OF COURT ADMINISTRATION, AND THE  ARRESTING
AGENCY WHICH FORWARDED THE FINGERPRINTS OF THE PERSON TO THE DIVISION OF
CRIMINAL JUSTICE SERVICES.  SUCH NOTICE SHALL STATE THAT IF THE DIVISION
OF  CRIMINAL  JUSTICE  SERVICES DOES NOT RECEIVE INFORMATION FROM ANY OF
THESE AGENCIES THAT THE WARRANT IS STILL ACTIVE, THE DIVISION OF  CRIMI-
NAL  JUSTICE SERVICES SHALL INDICATE ON THE INDIVIDUAL'S CRIMINAL RECORD
THAT THE WARRANT HAS BEEN RECALLED. IF ONE OF  THESE  AGENCIES  NOTIFIES
THE  DIVISION  OF  CRIMINAL JUSTICE   SERVICES THAT THE WARRANT HAS BEEN
RECALLED, THE DIVISION OF  CRIMINAL  JUSTICE  SERVICES  SHALL  ADD  THIS
INFORMATION  TO  THE INDIVIDUAL'S CRIMINAL RECORD. IF, AFTER SIXTY DAYS,
THE DIVISION  OF CRIMINAL JUSTICE SERVICES RECEIVES  NO  RESPONSES  FROM
ANY  OF  THE  AGENCIES IT HAS CONTACTED OR IF THE AGENCIES INDICATE THAT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04440-03-0

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.