senate Bill S2655A

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 Senate Committee Finance Committee


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

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Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 11, 2010 reported and committed to finance
Jan 22, 2010 print number 2655a
Jan 22, 2010 amend and recommit to codes
Jan 06, 2010 referred to codes
Feb 26, 2009 referred to codes

Votes

view votes

May 11, 2010 - Codes committee Vote

S2655A
15
1
committee
15
Aye
1
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Co-Sponsors

S2655 (ACTIVE) - Details

See Assembly Version of this Bill:
A3665
Current Committee:
Senate Finance
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §530.70, CP L
Versions Introduced in Other Legislative Sessions:
2011-2012: S3377, A6473
2013-2014: S3255, A2896
2015-2016: S4939, A3998
2017-2018: S2872, A3455
2019-2020: S3256, A4128

S2655 (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.

S2655 (ACTIVE) - Sponsor Memo

S2655 (ACTIVE) - Bill Text download pdf

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

                                  2655

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 26, 2009
                               ___________

Introduced  by  Sen.  VOLKER -- 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 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

Co-Sponsors

S2655A (ACTIVE) - Details

See Assembly Version of this Bill:
A3665
Current Committee:
Senate Finance
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §530.70, CP L
Versions Introduced in Other Legislative Sessions:
2011-2012: S3377, A6473
2013-2014: S3255, A2896
2015-2016: S4939, A3998
2017-2018: S2872, A3455
2019-2020: S3256, A4128

S2655A (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.

S2655A (ACTIVE) - Sponsor Memo

S2655A (ACTIVE) - Bill Text download pdf

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

                                 2655--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 26, 2009
                               ___________

Introduced by Sens. VOLKER, HASSELL-THOMPSON, SCHNEIDERMAN -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on  Codes  -- recommitted to the Committee on Codes in accordance with
  Senate Rule 6, sec. 8 -- 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04440-02-0

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