senate Bill S1395

2013-2014 Legislative Session

Relates to undisposed cases

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to finance
Jan 09, 2013 referred to finance

Co-Sponsors

S1395 - Details

See Assembly Version of this Bill:
A3381
Current Committee:
Law Section:
Executive Law
Laws Affected:
Add §845-c, Exec L; amd §212, Judy L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S5357, A6471A
2009-2010: A8222

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

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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