S T A T E O F N E W Y O R K
________________________________________________________________________
3769
2009-2010 Regular Sessions
I N A S S E M B L Y
January 28, 2009
___________
Introduced by M. of A. AUBRY -- Multi-Sponsored by -- M. of A. GOTTFRIED
-- read once and referred to the Committee on Correction
AN ACT to amend the correction law, the criminal procedure law and the
executive law, in relation to providing defendants not sentenced to a
period of imprisonment and inmates being released a copy of their
criminal record
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The correction law is amended by adding a new section 75 to
read as follows:
S 75. INMATE TO RECEIVE A COPY OF CRIMINAL RECORD UPON RELEASE. UPON
THE RELEASE, CONDITIONAL RELEASE, OR DISCHARGE OF A PERSON FROM A
CORRECTIONAL FACILITY, THE DEPARTMENT SHALL PROVIDE SUCH PERSON, WITHOUT
CHARGE, WITH A COPY OF HIS OR HER CRIMINAL RECORD AS MAINTAINED BY THE
DIVISION OF CRIMINAL JUSTICE SERVICES PURSUANT TO SUBDIVISION SIX OF
SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE EXECUTIVE LAW TOGETHER WITH
INFORMATION AND INSTRUCTIONS, PRODUCED BY THE DIVISION OF CRIMINAL
JUSTICE SERVICES PURSUANT TO SUBDIVISION SIX-A OF SECTION EIGHT HUNDRED
THIRTY-SEVEN OF THE EXECUTIVE LAW, TO ASSIST SUCH PERSON TO UNDERSTAND
THE CONTENTS OF THE CRIMINAL RECORD AND EXPLAIN HOW SUCH PERSON MAY SEEK
CORRECTION OF ANY INCORRECT INFORMATION CONTAINED IN SUCH RECORD PURSU-
ANT TO REGULATIONS PROMULGATED BY THE DIVISION OF CRIMINAL JUSTICE
SERVICES. SUCH INFORMATION AND INSTRUCTIONS SHALL ALSO INCLUDE CONTACT
INFORMATION FOR LEGAL RESOURCES THAT CAN ASSIST THE SUBJECT OF THE CRIM-
INAL RECORD TO SEEK CORRECTION OF ANY INCORRECT INFORMATION CONTAINED IN
THE RECORD.
S 2. The correction law is amended by adding a new section 510 to read
as follows:
S 510. INMATE TO RECEIVE A COPY OF CRIMINAL RECORD UPON RELEASE. UPON
THE RELEASE OF A PERSON FROM A LOCAL CORRECTIONAL FACILITY, WHERE SUCH
PERSON'S SENTENCE OF IMPRISONMENT IS THIRTY DAYS OR MORE NOT INCLUDING A
SENTENCE OF INTERMITTENT IMPRISONMENT IMPOSED PURSUANT TO ARTICLE EIGHT-
Y-FIVE OF THE PENAL LAW, THE SHERIFF SHALL PROVIDE SUCH PERSON WITHOUT
CHARGE WITH A COPY OF HIS OR HER CRIMINAL RECORD AS MAINTAINED BY THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04419-01-9
A. 3769 2
DIVISION OF CRIMINAL JUSTICE SERVICES PURSUANT TO SUBDIVISION SIX OF
SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE EXECUTIVE LAW TOGETHER WITH
INFORMATION AND INSTRUCTIONS, PRODUCED BY THE DIVISION OF CRIMINAL
JUSTICE SERVICES PURSUANT TO SUBDIVISION SIX-A OF SECTION EIGHT HUNDRED
THIRTY-SEVEN OF THE EXECUTIVE LAW, TO ASSIST SUCH PERSON TO UNDERSTAND
THE CONTENTS OF THE CRIMINAL RECORD AND EXPLAIN HOW SUCH PERSON MAY SEEK
CORRECTION OF ANY INCORRECT INFORMATION CONTAINED IN SUCH RECORD PURSU-
ANT TO REGULATIONS PROMULGATED BY THE DIVISION OF CRIMINAL JUSTICE
SERVICES. SUCH INFORMATION AND INSTRUCTIONS SHALL ALSO INCLUDE CONTACT
INFORMATION FOR LEGAL RESOURCES THAT CAN ASSIST THE SUBJECT OF THE CRIM-
INAL RECORD TO SEEK CORRECTION OF ANY INCORRECT INFORMATION CONTAINED IN
THE RECORD.
S 3. The criminal procedure law is amended by adding a new section
380.51 to read as follows:
S 380.51 DEFENDANT TO RECEIVE COPY OF CRIMINAL RECORD UPON SENTENCING.
AT THE TIME OF PRONOUNCING SENTENCE UPON A DEFENDANT, WHERE SUCH
DEFENDANT IS NOT SENTENCED TO A PERIOD OF IMPRISONMENT, IS SENTENCED TO
INTERMITTENT IMPRISONMENT PURSUANT TO ARTICLE EIGHTY-FIVE OF THE PENAL
LAW, IS SENTENCED TO A PERIOD OF IMPRISONMENT OF THIRTY DAYS OR LESS, OR
IS SENTENCED TO A PERIOD OF IMPRISONMENT EQUAL TO THE TIME ALREADY SPENT
IN CUSTODY, THE COURT SHALL PROVIDE THE DEFENDANT, WITHOUT CHARGE, WITH
A COPY OF HIS OR HER CRIMINAL RECORD AS MAINTAINED BY THE DIVISION OF
CRIMINAL JUSTICE SERVICES PURSUANT TO SUBDIVISION SIX OF SECTION EIGHT
HUNDRED THIRTY-SEVEN OF THE EXECUTIVE LAW TOGETHER WITH INFORMATION AND
INSTRUCTIONS, PRODUCED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES
PURSUANT TO SUBDIVISION SIX-A OF SECTION EIGHT HUNDRED THIRTY-SEVEN OF
THE EXECUTIVE LAW, TO ASSIST SUCH PERSON TO UNDERSTAND THE CONTENTS OF
THE CRIMINAL RECORD AND EXPLAIN HOW SUCH PERSON MAY SEEK CORRECTION OF
ANY INCORRECT INFORMATION CONTAINED IN SUCH RECORD PURSUANT TO REGU-
LATIONS PROMULGATED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES. SUCH
INFORMATION AND INSTRUCTIONS SHALL ALSO INCLUDE CONTACT INFORMATION FOR
LEGAL RESOURCES THAT CAN ASSIST THE SUBJECT OF THE CRIMINAL RECORD TO
SEEK CORRECTION OF ANY INCORRECT INFORMATION CONTAINED IN THE RECORD.
THE FAILURE TO PROVIDE THE DEFENDANT WITH A COPY OF HIS OR HER CRIMINAL
RECORD PURSUANT TO THIS SECTION SHALL NOT BE DEEMED TO AFFECT THE VOLUN-
TARINESS OF A PLEA OF GUILTY OR THE VALIDITY OF A CONVICTION OR
SENTENCE.
S 4. Section 837 of the executive law is amended by adding a new
subdivision 6-a to read as follows:
6-A. PRODUCE WRITTEN INSTRUCTIONS CONTAINING CLEAR AND SIMPLE LANGUAGE
ABOUT HOW TO READ AND UNDERSTAND A CRIMINAL RECORD AND HOW THE SUBJECT
OF A CRIMINAL RECORD MAY CHALLENGE AND APPEAL INCORRECT INFORMATION
CONTAINED IN SUCH CRIMINAL RECORD AS PROVIDED IN THE RULES AND REGU-
LATIONS OF THE DIVISION AND PRODUCE WRITTEN INFORMATION AND CONTACT
INFORMATION FOR LEGAL RESOURCES THAT CAN ASSIST THE SUBJECT OF A CRIMI-
NAL RECORD TO SEEK CORRECTION OF ANY INCORRECT INFORMATION. SUCH INFOR-
MATION AND INSTRUCTIONS SHALL BE FURNISHED TO COURTS OF THE UNIFIED
COURT SYSTEM, SHERIFFS' OFFICES, THE NEW YORK CITY DEPARTMENT OF
CORRECTIONS, AND THE STATE DEPARTMENT OF CORRECTIONAL SERVICES FOR
DISTRIBUTION TO PERSONS BEING PROVIDED A COPY OF THEIR CRIMINAL RECORD
PURSUANT TO SECTION 380.51 OF THE CRIMINAL PROCEDURE LAW OR SECTION
SEVENTY-FIVE OR FIVE HUNDRED TEN OF THE CORRECTION LAW.
S 5. This act shall take effect on the thirtieth day after it shall
have become a law.