|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Mar 12, 2012||committee discharged and committed to rules|
notice of committee consideration - requested
|Jan 04, 2012||referred to codes|
|Jun 22, 2011||referred to rules|
senate Bill S5843
Archive: Last Bill Status - In Senate Committee Rules Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S5843 (ACTIVE) - Details
S5843 (ACTIVE) - Summary
Provides for the application for sealing a record of conviction; establishes waiting periods for various convictions where such application may be made; authorizes certain agencies to maintain records; may be unsealed at the time of an arrest… (view more) prohibits the publication of sealed records; prohibits the waiver of this section at plea.
S5843 (ACTIVE) - Sponsor Memo
BILL NUMBER:S5843 TITLE OF BILL: An act to amend the criminal procedure law and the executive law, in relation to applications for sealing a record of conviction PURPOSE OR GENERAL IDEA OF BILL: This bill would establish a procedure for an individual with a criminal record, who has completed his or her sentence and has been crime-free for a specified waiting period, to apply to the sentencing court, on notice to the prosecutor, for an order sealing the record of conviction. The bill's purpose is to help current law abiding individuals keep, regain or gain employment by strengthening mechanisms intended to prevent employment discrimination against ex-offenders. SUMMARY OF SPECIFIC PROVISIONS: Section one of the bill adds a new section 160.65 to the Criminal Proce- dure Law ("CPL"), setting out the criteria and procedures for sealing a record of conviction. Section two makes conforming changes to Executive Law section 296, to effectuate the bill's nondiscrimination purposes. Section three is the effective date. New CPL 160.65's provisions include the following: (Subdivision 1) The application must be sworn to and accompanied by a 95
S5843 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5843 2011-2012 Regular Sessions I N S E N A T E June 22, 2011 ___________ Introduced by Sen. HASSELL-THOMPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the criminal procedure law and the executive law, in relation to applications for sealing a record of conviction 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 SEALING RECORD OF CONVICTION; APPLICATION FOR. 1. A PERSON IS ELIGIBLE TO APPLY TO SEAL A RECORD OF CONVICTION, SUBJECT TO THE PROVISIONS CONTAINED IN THIS SECTION, BY APPLICATION ON A FORM SPECIFICALLY DESIGNATED, SWORN TO UNDER PENALTY OF PERJURY AND ACCOMPANIED BY A FEE OF NINETY-FIVE DOLLARS. 2. AN APPLICANT MUST BE DULY TERMINATED AND DISCHARGED FROM EVERY ASPECT OF THE SENTENCE, INCLUDING INCARCERATION, PROBATION, PAROLE, CONDITIONAL RELEASE, POST-RELEASE SUPERVISION, CONDITIONAL DISCHARGE, SEX OFFENDER REGISTRATION AND/OR ANY ORDER OF PROTECTION ON THIS OR ANY OTHER MATTER AGAINST THE APPLICANT MUST HAVE EXPIRED. THE FOLLOWING WAITING PERIODS APPLY TO APPLICATIONS UNDER THIS SECTION, HOWEVER, FOR GOOD CAUSE SHOWN, THE COURT MAY SHORTEN A WAITING PERIOD. ATTENDANCE AT A DIVERSION PROGRAM WHICH DELAYED THE IMPOSITION OF THE SENTENCE MAY CONSTITUTE GOOD CAUSE, IN THE COURT'S DISCRETION. (A) FOR A PERSON WHO HAS BEEN CONVICTED OF ONE NON-CRIMINAL OFFENSE, THE WAITING PERIOD SHALL BE SIX MONTHS FROM THE DATE OF CONVICTION OF SUCH OFFENSE. (B) FOR A PERSON WHO HAS BEEN CONVICTED OF MORE THAN ONE NON-CRIMINAL OFFENSE ARISING FROM SEPARATE INCIDENCES, THE WAITING PERIOD SHALL BE ONE YEAR FROM THE DATE OF CONVICTION OF THE LAST SUCH OFFENSE. (C) FOR A PERSON WHO HAS BEEN CONVICTED OF A MISDEMEANOR, THE WAITING PERIOD SHALL BE ONE YEAR FROM THE DATE OF CONVICTION OF SUCH MISDEMEA- NOR. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10285-01-1
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