assembly Bill A4026A

2013-2014 Legislative Session

Permits the sealing of records of certain nonviolent misdemeanor or nonsexual misdemeanor criminal offenses

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Sponsored By

Archive: Last Bill Status -


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

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to codes
Jun 14, 2013 print number 4026a
amend and recommit to codes
Jan 30, 2013 referred to codes

Multi-Sponsors

view additional multi-sponsors

A4026 - Details

Law Section:
Criminal Procedure Law
Laws Affected:
Add §160.65, CP L; amd §296, Exec L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A1139
2009-2010: A6065, A6065B, S1708B

A4026 - Summary

Permits the sealing of records of certain nonviolent misdemeanor or non-sexual misdemeanor criminal offenses; defines the term "eligible misdemeanor"; excludes certain misdemeanor offenses as eligible misdemeanors for the purposes of conditional sealing; lists certain eligibility requirements for sealing (view more) provides an order granting sealing under this section shall restore the individual concerned, in the contemplation of the laws, to the status such individual occupied before the arrest or institution of criminal proceedings for the crime that was the subject of the sealing.

A4026 - Bill Text download pdf

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

                                  4026

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 30, 2013
                               ___________

Introduced by M. of A. LENTOL -- Multi-Sponsored by -- M. of A. FARRELL,
  GOTTFRIED,  HEVESI, HOOPER, LAVINE, MAISEL, O'DONNELL, ORTIZ, PEOPLES-
  STOKES, PERRY, PRETLOW, ROBINSON, SCARBOROUGH, SCHIMEL, TITUS --  read
  once and referred to the Committee on Codes

AN  ACT  to  amend  the criminal procedure law and the executive law, in
  relation to permitting the sealing of records  of  certain  nonviolent
  misdemeanor or non-sexual misdemeanor offenses

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

  Section 1. This act shall be known and may be  cited  as  the  "second
chance for ex-offenders act".
  S  2.  The  criminal  procedure law is amended by adding a new section
160.65 to read as follows:
S 160.65 CONDITIONAL SEALING OF CERTAIN MISDEMEANOR OFFENSES.
  1. FOR THE PURPOSES OF THIS SECTION, THE TERM  "ELIGIBLE  MISDEMEANOR"
SHALL  BE  A MISDEMEANOR OFFENSE DEFINED IN THE PENAL LAW, PROVIDED THAT
AN ELIGIBLE MISDEMEANOR SHALL NOT MEAN A MISDEMEANOR OFFENSE DEFINED  IN
ARTICLE ONE HUNDRED TWENTY, ONE HUNDRED THIRTY, ONE HUNDRED THIRTY-FIVE,
ONE  HUNDRED FIFTY, TWO HUNDRED THIRTY-FIVE, TWO HUNDRED FORTY-FIVE, TWO
HUNDRED SIXTY, TWO HUNDRED SIXTY-THREE, TWO HUNDRED SIXTY-FIVE OR  ARTI-
CLE  FOUR  HUNDRED  OF  THE PENAL LAW. AN ELIGIBLE MISDEMEANOR SHALL NOT
INCLUDE ANY ONE OR MORE OF THE FOLLOWING: KILLING OR INJURING  A  POLICE
ANIMAL  AS DEFINED IN SECTION 195.06, HARMING AN ANIMAL TRAINED TO AID A
PERSON WITH A DISABILITY IN THE SECOND  DEGREE  AS  DEFINED  IN  SECTION
195.11,  HARMING  AN ANIMAL TRAINED TO AID A PERSON WITH A DISABILITY IN
THE FIRST DEGREE AS DEFINED IN SECTION 195.12, PROMOTING PROSTITUTION IN
THE FOURTH DEGREE AS DEFINED IN  SECTION  230.20,  RIOT  IN  THE  SECOND
DEGREE  AS  DEFINED  IN  SECTION  240.05, INCITING TO RIOT AS DEFINED IN
SECTION 240.08, AGGRAVATED HARASSMENT IN THE SECOND DEGREE AS DEFINED IN
SUBDIVISION THREE OF SECTION 240.30, CRIMINAL INTERFERENCE  WITH  HEALTH
CARE  SERVICES  OR  RELIGIOUS WORSHIP IN THE SECOND DEGREE AS DEFINED IN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00755-01-3

Multi-Sponsors

view additional multi-sponsors

A4026A (ACTIVE) - Details

Law Section:
Criminal Procedure Law
Laws Affected:
Add §160.65, CP L; amd §296, Exec L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A1139
2009-2010: A6065, A6065B, S1708B

A4026A (ACTIVE) - Summary

Permits the sealing of records of certain nonviolent misdemeanor or non-sexual misdemeanor criminal offenses; defines the term "eligible misdemeanor"; excludes certain misdemeanor offenses as eligible misdemeanors for the purposes of conditional sealing; lists certain eligibility requirements for sealing (view more) provides an order granting sealing under this section shall restore the individual concerned, in the contemplation of the laws, to the status such individual occupied before the arrest or institution of criminal proceedings for the crime that was the subject of the sealing.

A4026A (ACTIVE) - Bill Text download pdf

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

                                 4026--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 30, 2013
                               ___________

Introduced by M. of A. LENTOL -- Multi-Sponsored by -- M. of A. FARRELL,
  GOTTFRIED,  HEVESI, HOOPER, LAVINE, MAISEL, O'DONNELL, ORTIZ, PEOPLES-
  STOKES, PERRY, PRETLOW, ROBINSON, SCARBOROUGH, SCHIMEL, TITUS --  read
  once  and  referred to the Committee on Codes -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee

AN  ACT  to  amend  the criminal procedure law and the executive law, in
  relation to permitting the sealing of records  of  certain  nonviolent
  misdemeanor or non-sexual misdemeanor offenses

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

  Section 1. This act shall be known and may be  cited  as  the  "second
chance for ex-offenders act".
  S  2.  The  criminal  procedure law is amended by adding a new section
160.65 to read as follows:
S 160.65 CONDITIONAL SEALING OF CERTAIN MISDEMEANOR OFFENSES.
  1. FOR THE PURPOSES OF THIS SECTION, THE TERM  "ELIGIBLE  MISDEMEANOR"
SHALL  BE  A MISDEMEANOR OFFENSE DEFINED IN THE PENAL LAW, PROVIDED THAT
AN ELIGIBLE MISDEMEANOR SHALL NOT INCLUDE ANY  SEX  OFFENSE  AS  DEFINED
UNDER  SUBDIVISION  TWO  OF  SECTION  ONE  HUNDRED  SIXTY-EIGHT-A OF THE
CORRECTION LAW.
  2. A PERSON HAVING A CONVICTION FOR NO MORE THAN  THREE  MISDEMEANORS,
WHO  DOES  NOT  STAND CONVICTED OF ANY FELONY, OR WHO IS NOT REQUIRED TO
MAINTAIN REGISTRATION UNDER ARTICLE SIX-C OF  THE  CORRECTION  LAW,  MAY
PETITION  THE COURT TO CONDITIONALLY SEAL UP TO THREE ELIGIBLE MISDEMEA-
NORS WHEN:
  (A) AT LEAST FIVE YEARS HAVE PASSED SINCE THE COMPLETION OF A SENTENCE
ON AN ELIGIBLE MISDEMEANOR; AND
  (B) SUCH PERSON HAS NOT BEEN CONVICTED OF AN OFFENSE DURING  THE  LAST
FIVE YEARS AND IS NOT THE SUBJECT OF AN UNDISPOSED ARREST.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00755-02-3

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