S T A T E O F N E W Y O R K
________________________________________________________________________
7389
2011-2012 Regular Sessions
I N A S S E M B L Y
May 3, 2011
___________
Introduced by M. of A. LENTOL -- (at request of the Office of Court
Administration) -- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to unsealing
criminal records
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (d) of subdivision 1 of section 160.50 of the
criminal procedure law, as amended by chapter 169 of the laws of 1994,
is amended to read as follows:
(d) 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 in any proceeding in which the accused has moved for an order
pursuant to section 170.56 or 210.46 of this chapter, or (ii) a law
enforcement agency upon ex parte motion in any superior court, if such
agency demonstrates to the satisfaction of the court that justice
requires that such records be made available to it, or (iii) any state
or local officer or agency with responsibility for the issuance of
licenses to possess guns, when the accused has made application for such
a license, or (iv) the New York state division of parole when the
accused is on parole supervision as a result of conditional release or a
parole release granted by the New York state board of parole, and the
arrest which is the subject of the inquiry is one which occurred while
the accused was under such supervision or (v) any prospective employer
of a police officer or peace officer as those terms are defined in
subdivisions thirty-three and thirty-four of section 1.20 of this chap-
ter, in relation to an application for employment as a police officer or
peace officer; provided, however, that every person who is an applicant
for the position of police officer or peace officer shall be furnished
with a copy of all records obtained under this paragraph and afforded an
opportunity to make an explanation thereto, or (vi) the probation
department responsible for supervision of the accused when the arrest
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09806-01-1
A. 7389 2
which is the subject of the inquiry is one which occurred while the
accused was under such supervision, OR (VII) A PARTY IN A CRIMINAL
PROCEEDING IF, NO NOTICE TO THE ADVERSE PARTY AND THE SUBJECT OF THE
RECORDS, THE MOVING PARTY DEMONSTRATES TO THE SATISFACTION OF THE COURT
THAT JUSTICE REQUIRES THAT THE RECORDS BE MADE AVAILABLE TO SUCH PARTY
IN CONNECTION WITH THE CRIMINAL PROCEEDING; and
S 2. Paragraph (d) of subdivision 1 of section 160.55 of the criminal
procedure law, as amended by chapter 476 of the laws of 2009, is amended
to read as follows:
(d) the records referred to in paragraph (c) of this subdivision shall
be made available to the person accused or to such person's designated
agent, and shall be made available to (i) a prosecutor in any proceeding
in which the accused has moved for an order pursuant to section 170.56
or 210.46 of this chapter, or (ii) a law enforcement agency upon ex
parte motion in any superior court, if such agency demonstrates to the
satisfaction of the court that justice requires that such records be
made available to it, or (iii) any state or local officer or agency with
responsibility for the issuance of licenses to possess guns, when the
accused has made application for such a license, or (iv) the New York
state division of parole when the accused is under parole supervision as
a result of conditional release or parole release granted by the New
York state board of parole and the arrest which is the subject of the
inquiry is one which occurred while the accused was under such super-
vision, or (v) the probation department responsible for supervision of
the accused when the arrest which is the subject of the inquiry is one
which occurred while the accused was under such supervision, or (vi) a
police agency, probation department, sheriff's office, district attor-
ney's office, department of correction of any municipality and parole
department, for law enforcement purposes, upon arrest in instances in
which the individual stands convicted of harassment in the second
degree, as defined in section 240.26 of the penal law, committed against
a member of the same family or household as the defendant, as defined in
subdivision one of section 530.11 of this chapter, and determined pursu-
ant to subdivision eight-a of section 170.10 of this title, OR (VII) A
PARTY IN A CRIMINAL PROCEEDING IF, ON NOTICE TO THE ADVERSE PARTY AND
THE SUBJECT OF THE RECORDS, THE MOVING PARTY DEMONSTRATES TO THE SATIS-
FACTION OF THE COURT THAT JUSTICE REQUIRES THAT THE RECORDS BE MADE
AVAILABLE TO SUCH PARTY IN CONNECTION WITH THE CRIMINAL PROCEEDING; and
S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.