Assembly Bill A11363

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

                                  11363

                          I N  A S S E M B L Y

                              June 4, 2010
                               ___________

Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Aubry) --
  (at request of the Division of Criminal Justice Services) -- read once
  and referred to the Committee on Codes

AN ACT to amend the executive law and the judiciary law, in relation  to
  undisposed cases

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

  Section 1. The executive law is amended by adding a new section  845-c
to read as follows:
  S 845-C. CRIMINAL HISTORY RECORD SEARCHES; UNDISPOSED CASES. 1.  WHEN,
PURSUANT  TO  STATUTE  OR  THE REGULATIONS OF THE DIVISION, THE DIVISION
CONDUCTS A SEARCH OF ITS CRIMINAL HISTORY RECORDS AND RETURNS  A  REPORT
THEREON,  ALL  REFERENCES TO UNDISPOSED CASES CONTAINED IN SUCH CRIMINAL
HISTORY RECORD SHALL BE EXCLUDED FROM SUCH REPORT.
  2. FOR PURPOSES OF THIS SECTION, "UNDISPOSED CASE" SHALL MEAN A CRIMI-
NAL ACTION OR PROCEEDING, OTHER THAN A CRIMINAL ACTION OR PROCEEDING FOR
A CLASS A-I FELONY, A VIOLENT FELONY OFFENSE AS DEFINED IN SECTION 70.02
OF THE PENAL LAW, A SEX OFFENSE DEFINED IN ARTICLE ONE HUNDRED THIRTY OF
THE PENAL LAW, OR AN OFFENSE DEFINED IN SECTION 255.25, 255.26 OR 255.27
OR ARTICLE TWO HUNDRED SIXTY-THREE OF THE PENAL LAW FOR WHICH:
  (A) NO FINAL DISPOSITION OR IMPOSITION OF SENTENCE HAS BEEN  RECORDED;
AND
  (B)  NO ENTRY HAS BEEN MADE IN THE DIVISION'S CRIMINAL HISTORY RECORDS
FOR A PERIOD OF AT LEAST THIRTY-SIX MONTHS  PRECEDING  THE  ISSUANCE  OF
SUCH REPORT; AND
  (C) NO WARRANT IS OUTSTANDING.
  3.  THE  PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY
TO CRIMINAL HISTORY RECORD INFORMATION:
  (A) PROVIDED BY THE DIVISION TO QUALIFIED AGENCIES PURSUANT TO  SUBDI-
VISION  SIX OF SECTION EIGHT HUNDRED THIRTY-SEVEN OF THIS ARTICLE, OR TO
FEDERAL  OR  STATE  LAW  ENFORCEMENT  AGENCIES,  FOR  CRIMINAL   JUSTICE
PURPOSES; OR
  (B) PREPARED SOLELY FOR A BONA FIDE RESEARCH PURPOSE; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15820-01-0
              

A. 11363                            2

  (C)  PREPARED  FOR  A  RECORD REVIEW OR THE INTERNAL RECORD KEEPING OR
CASE MANAGEMENT PURPOSES OF THE DIVISION.
  4.  PROVIDED  THAT  THE DIVISION REASONABLY AND IN GOOD FAITH COMPLIES
WITH THE PROVISIONS OF THIS SECTION, THERE SHALL BE NO CRIMINAL OR CIVIL
LIABILITY ON THE PART OF, AND NO  CAUSE  OF  ACTION  FOR  DAMAGES  SHALL
ACCRUE  AGAINST,  THE  DIVISION  OR ANY DIVISION EMPLOYEE ON ACCOUNT OF,
ARISING OUT OF OR RELATING TO CRIMINAL HISTORY INFORMATION  PURSUANT  TO
THIS SECTION, OR ANY ACT OR OMISSION RELATING TO CRIMINAL HISTORY RECORD
INFORMATION PURSUANT TO THIS SECTION.
  S  2.  Subdivision 2 of section 212 of the judiciary law is amended by
adding two new paragraphs (s) and (t) to read as follows:
  (S) TAKE SUCH ACTIONS AND ADOPT SUCH MEASURES AS MAY BE  NECESSARY  TO
ENSURE THAT NO WRITTEN OR ELECTRONIC REPORT OF A CRIMINAL HISTORY RECORD
SEARCH  CONDUCTED  BY  THE  OFFICE OF COURT ADMINISTRATION, OTHER THAN A
SEARCH CONDUCTED SOLELY FOR THE INTERNAL RECORD KEEPING OR CASE  MANAGE-
MENT  PURPOSES  OF  THE  JUDICIARY  OR FOR A BONA FIDE RESEARCH PURPOSE,
CONTAINS INFORMATION RELATING TO AN UNDISPOSED  CASE.  FOR  PURPOSES  OF
THIS  PARAGRAPH,  "UNDISPOSED  CASE"  SHALL  MEAN  A  CRIMINAL ACTION OR
PROCEEDING APPEARING IN THE CRIMINAL HISTORY RECORDS OF  THE  OFFICE  OF
COURT  ADMINISTRATION,  OTHER THAN A CRIMINAL ACTION OR PROCEEDING FOR A
CLASS A-I FELONY,  A VIOLENT FELONY OFFENSE AS DEFINED IN SECTION  70.02
OF THE PENAL LAW, A SEX OFFENSE DEFINED IN ARTICLE ONE HUNDRED THIRTY OF
THE PENAL LAW, OR AN OFFENSE DEFINED IN SECTION 255.25, 255.26 OR 255.27
OR ARTICLE TWO  HUNDRED SIXTY-THREE OF THE PENAL LAW FOR WHICH:
  (I) NO FINAL DISPOSITION HAS BEEN RECORDED; AND
  (II) NO ENTRY HAS BEEN MADE IN THE DIVISION'S CRIMINAL HISTORY RECORDS
FOR  A  PERIOD  OF  AT LEAST THIRTY-SIX MONTHS PRECEDING THE ISSUANCE OF
SUCH REPORT; AND
  (III) NO WARRANT IS OUTSTANDING.
NOTHING CONTAINED IN THIS PARAGRAPH SHALL BE DEEMED TO PERMIT OR REQUIRE
THE RELEASE, DISCLOSURE OR OTHER DISSEMINATION BY THE  OFFICE  OF  COURT
ADMINISTRATION  OF  CRIMINAL  HISTORY  RECORD  INFORMATION THAT HAS BEEN
SEALED IN ACCORDANCE WITH LAW.
  (T) PROVIDED THAT THE OFFICE OF COURT ADMINISTRATION REASONABLY AND IN
GOOD FAITH COMPLIES WITH THE PROVISIONS OF THIS SECTION, THERE SHALL  BE
NO  CRIMINAL  OR  CIVIL LIABILITY ON THE PART OF, AND NO CAUSE OF ACTION
FOR DAMAGES SHALL ACCRUE AGAINST, THE OFFICE OF COURT ADMINISTRATION  OR
ANY  OFFICE  OF COURT ADMINISTRATION EMPLOYEE ON ACCOUNT OF, ARISING OUT
OF OR RELATING TO CRIMINAL HISTORY INFORMATION PURSUANT TO THIS SECTION,
OR ANY ACT OR OMISSION RELATING TO CRIMINAL HISTORY  RECORD  INFORMATION
PURSUANT TO THIS SECTION.
  S 3. This act shall take effect on the one hundred eightieth day after
it  shall  have  become  a  law  and shall apply to searches of criminal
history records conducted on or after such date; provided, however, that
prior to such effective date, the division of criminal justice services,
in consultation with the state administrator of the unified court system
as well as any other public or  private  agency,  shall  undertake  such
measures  as  may  be  necessary  and appropriate to update its criminal
history records with respect to criminal cases and arrest incidents  for
which no final disposition has been reported.