senate Bill S1609

2013-2014 Legislative Session

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

download bill text pdf

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

S1609 - 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: S2892
2009-2010: S1708B

S1609 - Summary

Permits the sealing of records of certain nonviolent criminal offenses; defines the term "eligible misdemeanor" to mean a misdemeanor that does not have as an element of the offense the use of a weapon or violence and which did not actually involve violence in its commission; defines the term, "nonsexual misdemeanor" to mean a misdemeanor under article 130 or 163 of the penal law or any offense that would require the offender to register as a sex offender under article 6-c of the correction law; provides an order granting sealing under this section shall restore the individual concerned, in the contemplation of the law, to the status such individual occupied before the arrest or institution of criminal proceedings for the crime that was the subject of the sealing (view more) provided such person was between the ages of 17 and 21 when such conviction or convictions occurred.

S1609 - Sponsor Memo

S1609 - Bill Text download pdf

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

                                  1609

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed 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  for  persons  whose
  convictions took place between the ages of 17 and 21

  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.

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