|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to codes|
|Jan 09, 2013||referred to codes|
senate Bill S1609
Archive: Last Bill Status - In Senate Codes Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S1609 - Details
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Add §160.65, CP L; amd §296, Exec L
- Versions Introduced in 2011-2012 Legislative Session:
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
BILL NUMBER:S1609 TITLE OF BILL: 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 PURPOSE: To allow the sealing of certain misdemeanor offenses for which persons between the age of 17 and 21 were convicted. SUMMARY OF PROVISIONS: Section 1 of the bill titles the new provision, the Second Chance for Ex-Youthful Offenders Act. Section 2 of the bill: excludes certain misdemeanor offenses as eligible misdemeanors for the purposes of conditional sealing; lists certain sealing eligibility requirements; describes the court's sealing process; and lists the agencies and individuals which will have access to the sealed misdemeanor records.
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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