NY State Senate Bill 2009-S2244

Senate Bill S2244

2009-2010 Legislative Session

Allows the second chance commission upon application to order upon termination of criminal action by conviction for certain offenses the sealing of all official records

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to codes
Feb 13, 2009	referred to codes

2009-S2244 (ACTIVE) - Details

See Assembly Version of this Bill:: A9989
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Add §160.65, CP L
Versions Introduced in 2011-2012 Legislative Session:: A2533

2009-S2244 (ACTIVE) - Summary

Allows the court upon application to order upon termination of criminal action by conviction for certain offenses the sealing of all official records and papers; further provides that this act shall be known as the "second chance program".

2009-S2244 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2244

 TITLE OF BILL :

An act to amend the criminal procedure law, in relation to the sealing
of certain criminal records


 PURPOSE OR GENERAL IDEA OF BILL :

Permits individuals, who have successfully demonstrated their
rehabilitation, to have the records of certain non-violent, non-sexual
convictions sealed. Successful participation in this program will help
remove the stigma associated with a criminal conviction and, while
protecting public safety and maintaining community trust in the
criminal justice system, help reintegrate into society individuals
convicted of certain crimes but who have demonstrated an ability to
now live within the law.

 SUMMARY OF SPECIFIC PROVISIONS :

Permits any eligible person, at least five years after they have
completed a sentence resulting from a conviction, and who meet certain
specified programmatic criteria, to apply to have all records relating
to a covered prosecution or conviction sealed.

Eligible individuals are specified as persons who have been convicted
of no more than two non-violent, non-sexual felonies involving the
sale, distribution or possession of controlled substances and not more
than two misdemeanors. The individual seeking to have their records
sealed shall have complied with a Second Chance program approved by
the Division of Criminal Justice Services, said program to include at
least one year of public service, and, where deemed necessary, the
successful completion of an alcohol or substance treatment program and
the attainment of a GED or high-school diploma.  Persons convicted of
murder, homicide, serious sex-related or violent felonies or of the
sale of drugs to a child, are excluded from program eligibility.

The eligible applicant, having satisfactorily met all the requirements
provided by the statute may apply to the Second Chance commission, to
be comprised of individuals appointed by the Governor, the Senate
Majority Leader, Speaker of the Assembly and two by the New York
District Attorney's Association.

Material sealed may be made available only to the person's designated
agent, designated law enforcement agencies, a court with
responsibility for the criminal adjudication of the individual, an
agency with responsibility for the issuance of fire arms permits, and,
with regard to an employment application, any governmental agency
involved in the investigation or prosecution of criminal or civil
statutes.

In the event that the person whose records have been sealed is
subsequently convicted of a misdemeanor or felony, the sealing order
shall be automatically repealed and relevant records unsealed.

 JUSTIFICATION :

Currently there are thousands of New Yorkers behind bars in various
correctional facilities. Upon release, unfortunately, many return to
drugs and crime when they find it difficult to secure decent jobs,
obtain educational loans and locate appropriate housing. The Second
Chance program enacted by this proposal is designed to give people who
have been convicted of a nonviolent felony or misdemeanor (e.g.  drug
or property offenses) an opportunity to rebuild their lives without

the stigma of a public criminal record. In order to get this second
chance, they must demonstrate that they can remain crime free.

 PRIOR LEGISLATIVE HISTORY :
2007-08: S.2811/A.4958, Passed Assembly in 2007
2005-06: S.2555/A.5335
2003-04: S.877/A.850
2001-02: S.2370/A.292
2000:    S.7095/A.10053-A

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
First of November next succeeding the date on which it shall become a
law.

2009-S2244 (ACTIVE) - Bill Text download pdf

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

                                  2244

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 13, 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  the  sealing
  of certain criminal records

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

  Section 1.  The criminal procedure law is  amended  by  adding  a  new
section 160.65 to read as follows:
S 160.65 ORDER UPON TERMINATION OF CRIMINAL ACTION BY THE CONVICTION FOR
           APPLICABLE NON-VIOLENT CRIMINAL OFFENSES.
  1.  AS USED IN THIS SECTION THE FOLLOWING WORDS SHALL HAVE THE FOLLOW-
ING MEANINGS:
  (A) AN "ELIGIBLE PERSON" MEANS A PERSON WHO HAS BEEN CONVICTED  OF  AN
ELIGIBLE  FELONY  OR  AN ELIGIBLE MISDEMEANOR, PROVIDED HOWEVER, THAT NO
PERSON SHALL BE AN ELIGIBLE PERSON WHERE SUCH PERSON HAS BEEN  CONVICTED
OF  MORE  THAN TWO ELIGIBLE FELONIES OR MORE THAN TWO ELIGIBLE MISDEMEA-
NORS OR SUCH PERSON HAS BEEN CONVICTED OF A SPECIFIED OFFENSE.  A PERSON
IS NOT AN ELIGIBLE PERSON FOR PURPOSES OF THIS SECTION  IF  SUCH  PERSON
HAS  BEEN  CONVICTED  IN  ANY  OTHER  JURISDICTION  OF  AN OFFENSE WHICH
INCLUDES ALL OF THE ESSENTIAL ELEMENTS OF ANY SPECIFIED OFFENSE;
  (B) "PROGRAM" MEANS THE SECOND CHANCE PROGRAM;
  (C) "COMMISSION" MEANS THE SECOND CHANCE COMMISSION.  SUCH  COMMISSION
SHALL  AWARD  RELIEF PROVIDED IN THIS SECTION AND, SHALL CONSIST OF FIVE
MEMBERS TO BE APPOINTED FOR TERMS OF  THREE  YEARS.  THE  GOVERNOR,  THE
TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY SHALL
EACH  APPOINT  ONE  MEMBER  OF THE COMMISSION. TWO APPOINTMENTS SHALL BE
MADE BY THE NEW YORK STATE DISTRICT ATTORNEYS ASSOCIATION, ONE  OF  WHOM
SHALL  SERVE  AS A GEOGRAPHIC REPRESENTATIVE OF NEW YORK CITY AND ONE OF
WHOM SHALL SERVE AS A GEOGRAPHIC REPRESENTATIVE OF OTHER COUNTIES;
  (D) "ELIGIBLE FELONIES" MEANS  CRIMINAL  POSSESSION  OF  A  CONTROLLED
SUBSTANCE  IN THE FIFTH DEGREE AS DEFINED IN SECTION 220.06 OF THE PENAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04423-02-9

S. 2244                             2

LAW, CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE IN THE FOURTH  DEGREE
AS  DEFINED IN SECTION 220.09 OF THE PENAL LAW, CRIMINAL POSSESSION OF A
CONTROLLED SUBSTANCE IN THE THIRD DEGREE AS DEFINED IN SECTION 220.16 OF
THE  PENAL  LAW,  CRIMINAL  POSSESSION  OF A CONTROLLED SUBSTANCE IN THE
SECOND DEGREE AS DEFINED IN SECTION 220.18 OF THE  PENAL  LAW,  CRIMINAL
POSSESSION  OF  A CONTROLLED SUBSTANCE IN THE FIRST DEGREE AS DEFINED IN
SECTION 220.21 OF THE PENAL LAW, CRIMINAL POSSESSION  OF  PRECURSORS  OF
CONTROLLED  SUBSTANCES  AS  DEFINED  IN SECTION 220.60 OF THE PENAL LAW,
CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE FIFTH DEGREE  AS  DEFINED
IN  SECTION  220.31  OF  THE  PENAL  LAW,  CRIMINAL SALE OF A CONTROLLED
SUBSTANCE IN THE FOURTH DEGREE AS DEFINED IN SECTION 220.34 OF THE PENAL
LAW, CRIMINAL SALE OF A CONTROLLED SUBSTANCE  IN  THE  THIRD  DEGREE  AS
DEFINED  IN  SECTION  220.39  OF  THE  PENAL  LAW,  CRIMINAL  SALE  OF A
CONTROLLED SUBSTANCE IN THE SECOND DEGREE AS DEFINED IN  SECTION  220.41
OF  THE  PENAL LAW, CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE FIRST
DEGREE  AS  DEFINED  IN  SECTION  220.43  OF  THE  PENAL  LAW,  CRIMINAL
POSSESSION OF MARIHUANA IN THE THIRD DEGREE AS DEFINED IN SECTION 221.20
OF  THE PENAL LAW, CRIMINAL POSSESSION OF MARIHUANA IN THE SECOND DEGREE
AS DEFINED IN SECTION 221.25 OF THE PENAL LAW,  CRIMINAL  POSSESSION  OF
MARIHUANA  IN THE FIRST DEGREE AS DEFINED IN SECTION 221.30 OF THE PENAL
LAW, CRIMINAL SALE OF MARIHUANA  IN  THE  THIRD  DEGREE  AS  DEFINED  IN
SECTION  221.45  OF  THE  PENAL  LAW,  CRIMINAL SALE OF MARIHUANA IN THE
SECOND DEGREE AS DEFINED IN SECTION 221.50 OF THE  PENAL  LAW,  CRIMINAL
SALE  OF  MARIHUANA  IN THE FIRST DEGREE AS DEFINED IN SECTION 221.55 OF
THE PENAL LAW, CRIMINAL INJECTION OF  A  NARCOTIC  DRUG  AS  DEFINED  IN
SECTION  220.46 OF THE PENAL LAW, CRIMINALLY USING DRUG PARAPHERNALIA IN
THE FIRST DEGREE AS DEFINED IN SECTION 220.55  OF  THE  PENAL  LAW,  AND
CRIMINAL SALE OF A PRESCRIPTION FOR A CONTROLLED SUBSTANCE AS DEFINED IN
SECTION  220.65 OF THE PENAL LAW, PROVIDED HOWEVER, THAT "ELIGIBLE FELO-
NIES" SHALL NOT INCLUDE ANY OF THE ENUMERATED CRIMES IN  THIS  PARAGRAPH
WHERE THE CRIME INVOLVED THE SALE OF A CONTROLLED SUBSTANCE OR MARIHUANA
TO A PERSON UNDER THE AGE OF SIXTEEN.
  (E)  "ELIGIBLE MISDEMEANORS" MEANS CRIMINAL POSSESSION OF A CONTROLLED
SUBSTANCE IN THE SEVENTH DEGREE AS DEFINED  IN  SECTION  220.03  OF  THE
PENAL  LAW,  CRIMINAL  POSSESSION  OF  MARIHUANA  IN THE FIFTH DEGREE AS
DEFINED IN SECTION 221.10 OF THE PENAL LAW, CRIMINAL POSSESSION OF MARI-
HUANA IN THE FOURTH DEGREE AS DEFINED IN SECTION  221.15  OF  THE  PENAL
LAW,  CRIMINAL  SALE  OF  MARIHUANA  IN  THE  FIFTH DEGREE AS DEFINED IN
SECTION 221.35 OF THE PENAL LAW,  CRIMINAL  SALE  OF  MARIHUANA  IN  THE
FOURTH  DEGREE AS DEFINED IN SECTION 221.40 OF THE PENAL LAW, CRIMINALLY
USING DRUG PARAPHERNALIA IN THE SECOND  DEGREE  AS  DEFINED  IN  SECTION
220.50  OF THE PENAL LAW, AND CRIMINALLY POSSESSING A HYPODERMIC INSTRU-
MENT AS DEFINED IN SECTION 220.45 OF THE PENAL  LAW,  PROVIDED  HOWEVER,
THAT  "ELIGIBLE  MISDEMEANOR"  SHALL  NOT  INCLUDE ANY OF THE ENUMERATED
CRIMES IN THIS  PARAGRAPH  WHERE  THE  CRIME  INVOLVED  THE  SALE  OF  A
CONTROLLED  SUBSTANCE OR MARIHUANA TO A PERSON UNDER THE AGE OF SIXTEEN;
AND
  (F) "SPECIFIED OFFENSE" MEANS AN A-1  FELONY  OFFENSE  OTHER  THAN  AN
OFFENSE  CONTAINED  IN  ARTICLE  220  OF THE PENAL LAW, A VIOLENT FELONY
OFFENSE AS DEFINED IN SECTION 70.02 OF THE PENAL  LAW,  MANSLAUGHTER  IN
THE  SECOND  DEGREE, VEHICULAR MANSLAUGHTER IN THE SECOND DEGREE, CRIMI-
NALLY NEGLIGENT HOMICIDE, AN OFFENSE DEFINED IN ARTICLE 130 OF THE PENAL
LAW, INCEST, OR AN OFFENSE DEFINED IN ARTICLE 263 OF THE PENAL LAW.
  2. AN ELIGIBLE PERSON MAY  HAVE  ALL  OFFICIAL  RECORDS,  PAPERS,  DNA
SAMPLES  AND  JUDGMENTS  AND ORDERS OF A COURT PERTAINING TO AN ELIGIBLE
FELONY OR ELIGIBLE MISDEMEANOR, EXCLUDING PUBLISHED COURT  DECISIONS  OR

S. 2244                             3

OPINIONS  OR  RECORDS  AND  BRIEFS  ON APPEAL, RELATING TO THE ARREST OR
PROSECUTION OF SUCH PERSON FOR SUCH ELIGIBLE FELONY OR  ELIGIBLE  MISDE-
MEANOR,  INCLUDING  ALL  DUPLICATES  AND COPIES THEREOF ON FILE WITH THE
DIVISION  OF  CRIMINAL  JUSTICE  SERVICES, SEALED FOR ALL PURPOSES OTHER
THAN THOSE RELATED TO LAW ENFORCEMENT AND CRIMINAL PROSECUTION WHEN:
  (A) A MINIMUM TIME PERIOD OF  FIVE  YEARS  COMMENCING  UPON  THE  MOST
RECENT  DATE  OF  SENTENCE OR PAYMENT OF FINE FOR THOSE PERSONS WHO HAVE
NOT BEEN SANCTIONED TO A PERIOD OF INCARCERATION AND FOR OTHER INSTANCES
COMMENCING UPON THE COMPLETION OF SUCH PERSON'S TERM OF IMPRISONMENT HAS
ELAPSED WHEN SUCH PERSON HAS NOT  BEEN  SUBSEQUENTLY  CONVICTED  OF  ANY
OTHER  FELONY  OR MISDEMEANOR OR TWO OR MORE NON-VEHICLE AND TRAFFIC LAW
VIOLATIONS; AND
  (B) SUCH PERSON IS ELIGIBLE TO APPLY FOR A SEALING MOTION PURSUANT  TO
SUBDIVISION THREE OF THIS SECTION.
  3. TO BE ELIGIBLE TO APPLY FOR A SEALING MOTION FOR AN ELIGIBLE FELONY
OR  ELIGIBLE MISDEMEANOR, THE PERSON MUST PRESENT VALID DOCUMENTATION TO
THE COMMISSION EVIDENCING SATISFACTORY FULFILLMENT AND PARTICIPATION  IN
THE  PROGRAM,  INCLUDING  EVIDENCE THAT THE PERSON IS FREE OF ALCOHOL OR
DRUG DEPENDENCE AT TIME OF APPLICATION FOR SEALING. PROGRAM REQUIREMENTS
INCLUDE  COMPLETION  OF  AN  INDIVIDUAL  REHABILITATION  PLAN  THAT   IS
PERFORMED  AND  MONITORED BY AN APPROVED JOB CORPS PROGRAM OR AN ACCRED-
ITED LIST OF CONTRACTORS APPROVED BY THE DIVISION  OF  CRIMINAL  JUSTICE
SERVICES AND THAT INCLUDES:
  (A)  SUCCESSFUL  COMPLETION  OF A PUBLIC SERVICE COMPONENT OF AT LEAST
ONE YEAR;
  (B) SUCCESSFUL COMPLETION OF ALCOHOL OR SUBSTANCE ABUSE TREATMENT AT A
PROGRAM LICENSED  BY  THE  OFFICE  OF  ALCOHOLISM  AND  SUBSTANCE  ABUSE
SERVICES,  PURSUANT  TO  ARTICLE  NINETEEN OF THE MENTAL HYGIENE LAW, IF
MANDATORY SCREENING OR ASSESSMENT INDICATES TREATMENT IS NECESSARY,  AND
REGULAR  MONITORING  OF  SUCH PERSONS FOR A PERIOD OF AT LEAST ONE YEAR,
WHICH CAN INCLUDE DRUG TESTING IN ORDER TO  ENSURE  CONTINUED  SOBRIETY;
AND
  (C)  ATTAINMENT  OF  A  GED  OR  HIGH  SCHOOL  DIPLOMA, IF NOT ALREADY
OBTAINED.
  4. A PERSON WHO HAS SATISFACTORILY MET ALL THE  REQUIREMENTS  OF  THIS
SECTION MAY UPON MOTION APPLY TO THE COMMISSION FOR AN ORDER GRANTING TO
SUCH PERSON THE RELIEF SET FORTH IN SUBDIVISION TWO OF THIS SECTION. THE
APPLICANT  SHALL  GIVE  NOT  LESS THAN SIXTY DAYS NOTICE TO THE DISTRICT
ATTORNEY WITHIN EACH JURISDICTION THE APPLICANT HAS A CONVICTION AND THE
ATTORNEY GENERAL, IN SUCH CONVICTIONS AS THE ATTORNEY GENERAL HAS PROSE-
CUTED, OF THE INTENTION TO REQUEST SUCH  RELIEF.  SUCH  ORDER  SHALL  BE
GRANTED  UNLESS  THE DISTRICT ATTORNEY WITHIN TWENTY DAYS NOTICE TO SUCH
PERSON OR HIS OR HER ATTORNEY DEMONSTRATES TO THE  SATISFACTION  OF  THE
COMMISSION  THAT  THE  INTERESTS  OF  JUSTICE  REQUIRE OTHERWISE, OR THE
COMMISSION ON ITS OWN MOTION WITH NOT LESS THAN TWENTY  DAYS  NOTICE  TO
SUCH  PERSON  OR  HIS  OR  HER ATTORNEY DETERMINES THAT THE INTERESTS OF
JUSTICE REQUIRE OTHERWISE. THE COMMISSION SHALL STATE  THE  REASONS  FOR
SUCH  DETERMINATION  ON  THE RECORD, THE RECORDS SHALL BE ORDERED SEALED
AND THE CLERK OF THE COURT WHEREIN SUCH CRIMINAL  ACTION  OR  PROCEEDING
WAS TERMINATED SHALL IMMEDIATELY NOTIFY THE COMMISSIONER OF THE DIVISION
OF  CRIMINAL JUSTICE SERVICES THAT THE RECORD OF SUCH ACTION OR PROCEED-
ING HAS BEEN SEALED.
  5. THE PETITIONER AND THE DISTRICT ATTORNEY CAN APPEAL THE DECISION OF
THE COMMISSION TO GRANT OR DENY THE SEALING  MOTION.  SUCH  APPEAL  MUST
TAKE  PLACE  WITHIN THIRTY DAYS OF THE COMMISSION'S DECISION AND MUST BE

S. 2244                             4

MADE AS AN ARTICLE SEVENTY-EIGHT PROCEEDING IN  THE  JURISDICTION  WHERE
SUCH PERSON'S MOST RECENT CONVICTION WAS ADJUDICATED.
  6. UPON RECEIPT OF NOTIFICATION OF SUCH SEALING:
  (A) ALL OFFICIAL RECORDS AND PAPERS, INCLUDING JUDGMENTS AND ORDERS OF
A  COURT  BUT  NOT  INCLUDING  PUBLISHED  COURT DECISIONS OR OPINIONS OR
RECORDS AND BRIEFS ON APPEAL, RELATING TO  THE  ARREST  OR  PROSECUTION,
INCLUDING  ALL  DUPLICATES AND COPIES THEREOF, ON FILE WITH THE DIVISION
OF CRIMINAL JUSTICE SERVICES, ANY COURT, POLICE AGENCY, OR  PROSECUTOR'S
OFFICE SHALL BE SEALED AND NOT MADE AVAILABLE TO ANY PERSON OR PUBLIC OR
PRIVATE AGENCY; AND
  (B)  SUCH  RECORDS SHALL BE MADE AVAILABLE TO THE PERSON ACCUSED OR TO
SUCH PERSON'S DESIGNATED AGENT, AND SHALL BE MADE  AVAILABLE  TO  (I)  A
PROSECUTOR,  A LAW ENFORCEMENT AGENCY, OR A COURT WHICH HAS RESPONSIBIL-
ITY FOR CRIMINALLY INVESTIGATING, PROSECUTING, OR ADJUDICATING THE INDI-
VIDUAL; (II) ANY STATE OR LOCAL OFFICE OR AGENCY WITH RESPONSIBILITY FOR
THE ISSUANCE OF LICENSES TO POSSESS GUNS,  WHEN  THE  ACCUSED  HAS  MADE
APPLICATION FOR SUCH A LICENSE; OR (III) ANY PROSPECTIVE CITY, STATE, OR
FEDERAL EMPLOYER OR AGENCY, INVOLVED IN INVESTIGATING AND/OR PROSECUTING
UNDER  CRIMINAL OR CIVIL STATUTES INCLUDING EMPLOYERS OF POLICE OFFICERS
OR  PEACE  OFFICERS  AS  DEFINED  IN   SUBDIVISIONS   THIRTY-THREE   AND
THIRTY-FOUR  OF SECTION 1.20 OF THIS CHAPTER, IN RELATION TO AN APPLICA-
TION FOR EMPLOYMENT AS AN EMPLOYEE OF A CITY, STATE OR FEDERAL  EMPLOYER
OR AGENCY INVOLVED IN INVESTIGATING AND/OR PROSECUTING UNDER CRIMINAL OR
CIVIL  STATUTES INCLUDING AS A POLICE OFFICER OR PEACE OFFICER; PROVIDED
HOWEVER, THAT EVERY PERSON WHO IS  AN  APPLICANT  FOR  THE  POSITION  OF
POLICE  OFFICER,  PEACE OFFICER, OR ANY OTHER PROSPECTIVE CITY, STATE OR
FEDERAL EMPLOYER OR AGENCY, INVOLVED IN INVESTIGATING AND/OR PROSECUTING
UNDER CRIMINAL OR CIVIL STATUTES SHALL BE FURNISHED WITH A COPY  OF  ALL
RECORDS  OBTAINED  UNDER  THIS  PARAGRAPH AND AFFORDED AN OPPORTUNITY TO
MAKE AN EXPLANATION THERETO.
  7. EXCEPT AS PROVIDED IN PARAGRAPH (B)  OF  SUBDIVISION  SIX  OF  THIS
SECTION,  THE  SEALED  CONVICTION  OR CONVICTIONS SHALL NOT OPERATE AS A
DISQUALIFICATION OF ANY PERSON TO PURSUE OR ENGAGE IN ANY LAWFUL  ACTIV-
ITY,  OCCUPATION,  PROFESSION,  OR  CALLING.  EXCEPT  WHERE SPECIFICALLY
REQUIRED OR PERMITTED BY STATUTE OR UPON  SPECIFIC  AUTHORIZATION  OF  A
SUPERIOR  COURT, NO SUCH PERSON SHALL BE REQUIRED TO DIVULGE INFORMATION
PERTAINING TO THE SEALED RECORD.  SUCH  PERSON  SHALL  BE  PERMITTED  TO
RESPOND  IN  THE NEGATIVE TO THE QUESTION, "HAVE YOU EVER BEEN CONVICTED
OF A MISDEMEANOR OR A  FELONY?",  OR  TO  ANY  QUESTION  WITH  THE  SAME
SUBSTANTIVE CONTENTS.
  8.  THE KNOWING AND INTENTIONAL DISSEMINATION OF SEALED INFORMATION OR
THE IMPROPER ACQUISITION OF INFORMATION THAT HAS BEEN SEALED WILL RESULT
IN A PENALTY OF A  FINE  UP  TO  ONE  THOUSAND  DOLLARS  FOR  EACH  SUCH
VIOLATION.
  9.  A  PERSON  PARTICIPATING IN THIS PROGRAM WILL BE REQUIRED TO PAY A
PORTION OF THE COSTS OF PARTICIPATING IN THE PROGRAM AND FILING FEES  TO
THE COMMISSION, CONTINGENT UPON SUCH PERSON'S INCOME AND ABILITY TO PAY.
  10.  THE SEALING ORDER WILL BE AUTOMATICALLY REPEALED AND THE DIVISION
OF CRIMINAL JUSTICE SERVICES WILL UNSEAL ANY SUCH RECORDS THAT HAD  BEEN
PREVIOUSLY  SEALED  BY  VIRTUE  OF  PARTICIPATION IN THIS PROGRAM ON THE
SUBSEQUENT CONVICTION OF SUCH  PERSON  FOR  ANY  MISDEMEANOR  OR  FELONY
OFFENSE.  IN  THE EVENT THAT SUCH A PERSON IS SUBSEQUENTLY CONVICTED AND
SENTENCED TO A TERM OF PROBATION, THE PROBATION OFFICER ASSIGNED TO SUCH
PERSON SHALL BE RESPONSIBLE FOR NOTIFYING SUCH PERSON'S CURRENT EMPLOYER
THAT SUCH PERSON'S CRIMINAL RECORD HAS BEEN UNSEALED.

S. 2244                             5

  11. AN ELIGIBLE PERSON MAY APPLY FOR RELIEF  UNDER  THIS  SECTION  FOR
CRIMINAL OFFENSES WHICH OCCURRED ANY TIME PRIOR TO THE EFFECTIVE DATE OF
THIS SECTION.
  S 2. This act shall take effect on the first of November next succeed-
ing  the date on which it shall have become a law; provided however that
any eligible person may apply for relief pursuant to this act for crimi-
nal offenses occurring prior to the effective date of this act.

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