S T A T E   O F   N E W   Y O R K
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                                  6473

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 21, 2011
                               ___________

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 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 THIRTEEN, 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 INFORMA-
TION FROM ANY OF THESE AGENCIES THAT THE WARRANT IS  STILL  ACTIVE,  THE
DIVISION OF CRIMINAL 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  CONSIDERED  RECALLED AND RECORDED AS SUCH ON THE INDIVIDUAL'S

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08355-01-1
              

A. 6473                             2

CRIMINAL RECORD WITH BOTH THE DIVISION OF CRIMINAL JUSTICE SERVICES  AND
WITH  THE OFFICE OF COURT ADMINISTRATION. THE DIVISION SHALL SEND NOTICE
THAT THE WARRANT IS CONSIDERED RECALLED TO THE  ARRESTING  AGENCY  WHICH
FORWARDED THE FINGERPRINTS TO THE DIVISION OF CRIMINAL JUSTICE SERVICES.
FOR  CASES INITIATED PRIOR TO JANUARY FIRST, TWO THOUSAND THIRTEEN, 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, 2013.