Assembly Bill A3381

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

                                  3381

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 25, 2013
                               ___________

Introduced  by M. of A. AUBRY -- read once and referred to the Committee
  on Codes

AN ACT to amend the executive law and the judiciary law, in relation  to
  undisposed cases

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

  Section 1. The executive law is amended by adding a new section  845-c
to read as follows:
  S  845-C. CRIMINAL HISTORY RECORD SEARCHES; UNDISPOSED CASES. 1. WHEN,
PURSUANT TO STATUTE OR THE REGULATIONS OF  THE  DIVISION,  THE  DIVISION
CONDUCTS  A  SEARCH OF ITS CRIMINAL HISTORY RECORDS AND RETURNS A REPORT
THEREON, ALL REFERENCES TO UNDISPOSED CASES CONTAINED IN  SUCH  CRIMINAL
HISTORY RECORD SHALL BE EXCLUDED FROM SUCH REPORT.
  2. FOR PURPOSES OF THIS SECTION, "UNDISPOSED CASE" SHALL MEAN A CRIMI-
NAL ACTION OR PROCEEDING, OR AN ARREST INCIDENT, IDENTIFIED IN THE DIVI-
SION'S  CRIMINAL  HISTORY RECORDS FOR WHICH NO CONVICTION, IMPOSITION OF
SENTENCE, ORDER OF REMOVAL OR OTHER FINAL DISPOSITION,  OTHER  THAN  THE
ISSUANCE OF AN APPARENTLY UNEXECUTED WARRANT, HAS BEEN RECORDED AND WITH
RESPECT  TO  WHICH  NO  ENTRY  HAS  BEEN MADE IN THE DIVISION'S CRIMINAL
HISTORY RECORDS FOR A PERIOD OF AT LEAST FIVE YEARS PRECEDING THE  ISSU-
ANCE OF SUCH REPORT.
  3.  THE  PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY
TO CRIMINAL HISTORY RECORD INFORMATION (A) PROVIDED BY THE  DIVISION  TO
QUALIFIED  AGENCIES PURSUANT TO SUBDIVISION SIX OF SECTION EIGHT HUNDRED
THIRTY-SEVEN OF THIS ARTICLE, OR TO FEDERAL  OR  STATE  LAW  ENFORCEMENT
AGENCIES,  FOR CRIMINAL JUSTICE PURPOSES; (B) PREPARED SOLELY FOR A BONA
FIDE RESEARCH PURPOSE; OR (C) PREPARED FOR THE INTERNAL RECORDKEEPING OR
CASE MANAGEMENT PURPOSES OF THE DIVISION.
  4. NOTHING CONTAINED IN THIS SECTION SHALL  BE  DEEMED  TO  PERMIT  OR
REQUIRE  THE  RELEASE, DISCLOSURE OR OTHER DISSEMINATION BY THE DIVISION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04010-01-3

              

A. 3381                             2

OF CRIMINAL HISTORY RECORD INFORMATION THAT HAS BEEN SEALED  IN  ACCORD-
ANCE WITH LAW.
  S  2.  Subdivision 2 of section 212 of the judiciary law is amended by
adding a new paragraph (s) to read as follows:
  (S) TAKE SUCH ACTIONS AND ADOPT SUCH MEASURES AS MAY BE  NECESSARY  TO
ENSURE THAT NO WRITTEN OR ELECTRONIC REPORT OF A CRIMINAL HISTORY RECORD
SEARCH  CONDUCTED  BY  THE  OFFICE OF COURT ADMINISTRATION, OTHER THAN A
SEARCH CONDUCTED SOLELY FOR THE INTERNAL RECORDKEEPING OR  CASE  MANAGE-
MENT  PURPOSES  OF  THE  JUDICIARY  OR FOR A BONA FIDE RESEARCH PURPOSE,
CONTAINS INFORMATION RELATING TO AN UNDISPOSED  CASE.  FOR  PURPOSES  OF
THIS  PARAGRAPH,  "UNDISPOSED  CASE"  SHALL  MEAN  A  CRIMINAL ACTION OR
PROCEEDING, OR AN ARREST INCIDENT, APPEARING  IN  THE  CRIMINAL  HISTORY
RECORDS  OF  THE OFFICE OF COURT ADMINISTRATION FOR WHICH NO CONVICTION,
IMPOSITION OF SENTENCE, ORDER OF REMOVAL  OR  OTHER  FINAL  DISPOSITION,
OTHER  THAN  THE  ISSUANCE OF AN APPARENTLY UNEXECUTED WARRANT, HAS BEEN
RECORDED AND WITH RESPECT TO WHICH  NO  ENTRY  HAS  BEEN  MADE  IN  SUCH
RECORDS  FOR  A  PERIOD OF AT LEAST FIVE YEARS PRECEDING THE ISSUANCE OF
SUCH REPORT. NOTHING CONTAINED IN THIS  PARAGRAPH  SHALL  BE  DEEMED  TO
PERMIT  OR REQUIRE THE RELEASE, DISCLOSURE OR OTHER DISSEMINATION BY THE
OFFICE OF COURT ADMINISTRATION OF CRIMINAL  HISTORY  RECORD  INFORMATION
THAT HAS BEEN SEALED IN ACCORDANCE WITH LAW.
  S 3. This act shall take effect on the one hundred eightieth day after
it  shall  have  become  a  law  and shall apply to searches of criminal
history records conducted on or after such date; provided, however, that
prior to such effective date, the division of criminal justice services,
in consultation with the state administrator of the unified court system
as well as any other public or  private  agency,  shall  undertake  such
measures  as  may  be  necessary  and appropriate to update its criminal
history records with respect to criminal cases and arrest incidents  for
which no final disposition has been reported.