senate Bill S4841

2011-2012 Legislative Session

Relates to sealing court records involving cases dismissed at arraignment or earlier

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to codes
Jun 24, 2011 committed to rules
May 16, 2011 advanced to third reading
May 11, 2011 2nd report cal.
May 10, 2011 1st report cal.563
Apr 27, 2011 referred to codes

Votes

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May 10, 2011 - Codes committee Vote

S4841
16
0
committee
16
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Co-Sponsors

S4841 - Bill Details

See Assembly Version of this Bill:
A7624
Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §160.50, CP L

S4841 - Bill Texts

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Relates to sealing court records involving cases dismissed at arraignment or earlier.

view sponsor memo
BILL NUMBER:S4841

TITLE OF BILL:
An act
to amend the criminal procedure law, in relation to sealing court
records
involving cases dismissed at arraignment or earlier

PURPOSE:
To provide for the sealing of court records involving certain cases
dismissed at arraignment or earlier

SUMMARY OF PROVISIONS:
Section 1: Amends Criminal Procedure Law § 160.50(3)(b) to include
orders to dismiss pursuant to CPL §§ 140.45 and 150.50 as those which
may be dismissed in favor of the accused and subsequently sealed.

Section 2: Sets forth the effective date.

JUSTIFICATION:
The purpose of this bill is to make the sealing provisions of
subdivision 160.50 of the Criminal Procedure Law more comprehensive
and to include additional dismissal sections of the CPL subject to
the provisions of CPL 160.50. Section 160.50 requires the court to
enter an order upon termination of criminal charges in favor of the
accused. Such order requires among other things, that records must be
sealed or destroyed as set forth in the section.

The addition of sections 140.45 and 150.50 into CPL 160.50 is
consistent with the purposes of the CPL 160.50. When an accusatory
instrument is dismissed pursuant to subdivisions 140.45 or 150.50,
the proceeding is terminated by dismissal and such dismissal should
afford the accused the protections enumerated in section 160.50. This
bill accomplishes such outcome.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Ninetieth day after it shall have become law.

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