S T A T E O F N E W Y O R K
________________________________________________________________________
3666
2009-2010 Regular Sessions
I N A S S E M B L Y
January 28, 2009
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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 termination
of criminal action in favor of the accused
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 160.50 of the criminal procedure law is amended by
adding a new subdivision 5 to read as follows:
5. (A) 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 INFORMATION ABOUT AN ARREST
DATED AFTER JANUARY FIRST, TWO THOUSAND ELEVEN, BUT THE CRIMINAL RECORD
CONTAINS NO DOCKET NUMBER OR OTHER INFORMATION ABOUT THE ARREST, THE
DIVISION, NO LATER THAN SIX MONTHS AFTER THE DATE OF ARREST, SHALL SEND
A NOTICE TO THE PROSECUTOR'S OFFICE, THE CLERK OF THE COURT OF THE LOCAL
CRIMINAL COURT WHEREIN THE ARREST WOULD BE PROSECUTED, THE OFFICE OF
COURT ADMINISTRATION, THE POLICE DEPARTMENT OR LAW ENFORCEMENT AGENCY
WHICH TRANSMITTED THE FINGERPRINTS OF THE PERSON TO THE DIVISION OF
CRIMINAL JUSTICE SERVICES, THE DEPARTMENT OF CORRECTIONAL SERVICES AND
THE LOCAL CORRECTIONAL FACILITY. SUCH NOTICE SHALL INFORM SUCH ENTITIES
THAT THE ARREST WILL BE CONSIDERED TERMINATED IN FAVOR OF SUCH PERSON
AND SEALED IN A MANNER CONSISTENT WITH SUBDIVISION THREE OF THIS
SECTION, SIXTY DAYS FROM TRANSMISSION OF SAID NOTIFICATION, IF THE DIVI-
SION OF CRIMINAL JUSTICE SERVICES DOES NOT RECEIVE INFORMATION THAT A
CRIMINAL INVESTIGATION OR PROSECUTION IS PROCEEDING. IF AFTER SIXTY DAYS
THE DIVISION OF CRIMINAL JUSTICE SERVICES RECEIVES NO INFORMATION THAT A
CRIMINAL INVESTIGATION OR PROSECUTION IS PROCEEDING, THE ARREST SHALL BE
CONSIDERED TERMINATED IN FAVOR OF SUCH PERSON AND BE SEALED IN ACCORD-
ANCE WITH THIS PARAGRAPH, AND THE DIVISION OF CRIMINAL JUSTICE SERVICES
SHALL SEND NOTICE OF SUCH SEALING TO SUCH ENTITIES. UPON SUCH NOTIFICA-
TION, ALL OFFICIAL RECORDS AND PAPERS RELATING TO THE ARREST, INCLUDING
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04439-01-9
A. 3666 2
ALL DUPLICATES AND COPIES THEREOF ON FILE WITH SUCH ENTITIES SHALL BE
SEALED AND NOT MADE AVAILABLE TO ANY PERSON OR PUBLIC OR PRIVATE AGEN-
CIES. FOR ARRESTS THAT OCCURRED PRIOR TO JANUARY FIRST, TWO THOUSAND
ELEVEN, SUCH NOTICE SHALL BE TRANSMITTED BY THE DIVISION UPON REQUEST OF
THE PERSON ACCUSED OR SUCH PERSON'S DESIGNATED AGENT.
(B) 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 INDICATES THAT AN ACCUSATORY INSTRU-
MENT HAS BEEN FILED ON A CASE AFTER JANUARY FIRST, TWO THOUSAND ELEVEN,
THE LAST ACTION OF THE CASE HAS NOT BEEN THE ISSUANCE OF A BENCH
WARRANT, NO ACTION HAS BEEN TAKEN ON THE CASE FOR A YEAR, AND NO DISPO-
SITION HAS BEEN RECORDED, THE DIVISION, NO LATER THAN TWO YEARS AFTER
THE DATE OF LAST ACTION ON THE CASE, SHALL SEND A NOTICE TO THE
PROSECUTOR'S OFFICE, THE CLERK OF THE COURT OF THE COURT WHERE THE ACCU-
SATORY INSTRUMENT WAS FILED, THE OFFICE OF COURT ADMINISTRATION, THE
POLICE DEPARTMENT OR LAW ENFORCEMENT AGENCY WHICH TRANSMITTED THE FING-
ERPRINTS OF THE PERSON TO THE DIVISION OF CRIMINAL JUSTICE SERVICES, THE
DEPARTMENT OF CORRECTIONAL SERVICES AND THE LOCAL CORRECTIONAL FACILITY.
SUCH NOTICE SHALL INFORM SUCH ENTITIES THAT THE DOCKETED CASE WILL BE
CONSIDERED TERMINATED IN FAVOR OF SUCH PERSON AND SEALED IN A MANNER
CONSISTENT WITH SUBDIVISION THREE OF THIS SECTION, SIXTY DAYS FROM TRAN-
SMISSION OF THE NOTIFICATION, IF THE DIVISION OF CRIMINAL JUSTICE
SERVICES DOES NOT RECEIVE INFORMATION THAT A CRIMINAL INVESTIGATION OR
PROSECUTION IS PROCEEDING, A BENCH WARRANT IS OUTSTANDING, OR A DISPOSI-
TION HAS BEEN ENTERED IN THE CASE. IF AFTER SIXTY DAYS THE DIVISION OF
CRIMINAL JUSTICE SERVICES RECEIVES NO INFORMATION THAT THE CRIMINAL
INVESTIGATION OR PROSECUTION IS PROCEEDING, A BENCH WARRANT IS OUTSTAND-
ING, OR A DISPOSITION HAS BEEN ENTERED IN THE CASE, THE CRIMINAL ACTION
OR PROCEEDING SHALL BE CONSIDERED TERMINATED IN FAVOR OF SUCH PERSON AND
BE SEALED IN ACCORDANCE WITH THIS PARAGRAPH AND THE DIVISION OF CRIMINAL
JUSTICE SERVICES SHALL SEND NOTICE OF SUCH SEALING TO SUCH ENTITIES.
UPON SUCH NOTIFICATION, ALL OFFICIAL RECORDS AND PAPERS RELATING TO THE
ARREST, INCLUDING ALL DUPLICATES AND COPIES THEREOF ON FILE WITH SUCH
ENTITIES SHALL BE SEALED AND NOT MADE AVAILABLE TO ANY PERSON OR PUBLIC
OR PRIVATE AGENCIES. FOR CASES INITIATED PRIOR TO JANUARY FIRST, TWO
THOUSAND ELEVEN, SUCH NOTICE SHALL BE TRANSMITTED BY THE DIVISION OF
CRIMINAL JUSTICE SERVICES UPON REQUEST OF THE PERSON ACCUSED OR SUCH
PERSON'S DESIGNATED AGENT.
S 2. This act shall take effect January 1, 2011.