|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to finance|
|Jan 09, 2013||referred to finance|
senate Bill S1395
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S1395 - Details
S1395 - Summary
Provides that when the division of criminal justice services conducts a search of it's criminal history records and returns a report thereon, all references to undisposed cases shall be excluded.
S1395 - Sponsor Memo
BILL NUMBER:S1395 TITLE OF BILL: An act to amend the executive law and the judiciary law, in relation to undisposed cases PURPOSE: This bill will require DCJS and DCA to refrain from including undisposed case information on criminal history record reports except for law enforcement and other specified purposes. SUMMARY OF PROVISIONS: Section 1 of the bill adds a new section 845-c to the Executive Law to prohibit DCJS from including undisposed case information on criminal history record reports (i.e., rapsheets) where the report is produced for a non-law enforcement or non-criminal justice purpose. The bill defines "undisposed case" as a criminal action or proceeding or an arrest incident that appears on an individual's criminal history record for which no conviction, sentence or other final disposition (other than an apparently unexecuted bench warrant) appears and with respect to which no entry has been made on the DCJS record for a period of at least five years. The prohibition also would not apply to records produced by DCJS solely for bona fide research or internal record keeping purposes. Section 2 of the bill establishes a corresponding requirement for DCA. It adds a new paragraph (s) to subdivision two of section 212 of the
S1395 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1395 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sens. MONTGOMERY, HASSELL-THOMPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Finance 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. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04010-01-3
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