senate Bill S2507

2013-2014 Legislative Session

Repeals section 160.58 of the criminal procedure law which requires the sealing of the conviction records of persons who have completed a drug treatment program

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to investigations and government operations
Jan 18, 2013 referred to investigations and government operations

S2507 - Bill Details

See Assembly Version of this Bill:
A2277
Current Committee:
Law Section:
Executive Law
Laws Affected:
Rpld §160.58, CP L; amd §296, Exec L
Versions Introduced in Previous Legislative Sessions:
2013-2014: A2277
2011-2012: A6067, S1992
2009-2010: A8911, S5684

S2507 - Bill Texts

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Repeals provisions requiring the sealing of the conviction records of persons who have completed a judicial diversion program or a drug treatment alternative to prison.

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BILL NUMBER:S2507

TITLE OF BILL:
An act
to amend the executive law, in relation to inquiries about certain
sealed convictions; and to repeal section 160.58 of the criminal
procedure law relating to conditional sealing of certain controlled
substances, marihuana or specified offense convictions

PURPOSE:
This bill would repeal the sealing provision of the so-called
"Rockefeller Drug Law Reform" enacted as a part of New York State's
2009-2010 Budget, which allows criminal courts, on notice to the
prosecutor, to seal the criminal records of felons upon their
successful completion of "drug court," and would restore the ability
of prospective employers to obtain accurate criminal background checks.

SUMMARY OF PROVISIONS:

Section 1: Repeals CPL 160.58 which authorizes a criminal court on its
own motion, or upon motion of the defendant, and on notice to the
prosecutor, to seal all records of the current prosecution for Class
8, C, D and E drug felonies, in addition to a number of non-drug
offenses enumerated in CPL 410.91, if a defendant successfully
completes a "diversion" program, i.e., drug court. The section to be
repealed further allows the Court to seal up to three previous drug
misdemeanors in addition to the pending felony or felonies.

Section 2: Makes a conforming change to Executive Law Section 296.

Section 3: Effective date - immediately

EXISTING LAW:
Criminal Procedure Law section 160.58 is repealed> Section 296 of the
Executive Law is amended.

JUSTIFICATION:
The Legislature has authorized and required criminal background checks
be conducted when persons apply for firearms licenses or licenses to
sell firearms. The Legislature has likewise provided that prospective
employers can check applicants' criminal histories when they apply to
be teachers, daycare and nursing home workers, caregivers for the
mentally
disabled and caregivers in the home, as well as for positions that
require security clearance such as detectives, bank guards and armored
car guards.

The expansive sealing provision enacted under the so-called
"Rockefeller Drug Law Reform," purportedly to give drug criminals
with up to four serious crimes on their records a clean slate,
effectively insulates a whole class of criminals from this necessary
scrutiny and thereby exposes to unwarranted risks vulnerable segments
of our society, our children, our elderly, our bank tellers. In order
to fulfill the Legislative purpose in allowing and mandating criminal
background checks, the recently enacted sealing provisions must be
stricken.


Notably, this legislation would have no effect on other sealing
provisions provided to youthful offenders or persons acquitted of
crimes or where the charges are adjourned in contemplation of
dismissal.

LEGISLATIVE HISTORY:
S.1990 of 2011 - Referred to Codes 01/04/12 FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  2507

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 18, 2013
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the  executive  law,  in  relation  to  inquiries  about
  certain sealed convictions; and to repeal section 160.58 of the crimi-
  nal   procedure   law  relating  to  conditional  sealing  of  certain
  controlled substances, marihuana or specified offense convictions

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

  Section 1. Section 160.58 of the criminal procedure law is REPEALED.
  S 2. Subdivision 16 of section 296 of the executive law, as separately
amended  by section 3 of part N and section 14 of part AAA of chapter 56
of the laws of 2009, is amended to read as follows:
  16. It shall be an unlawful discriminatory  practice,  unless  specif-
ically required or permitted by statute, for any person, agency, bureau,
corporation or association, including the state and any political subdi-
vision thereof, to make any inquiry about, whether in any form of appli-
cation  or  otherwise,  or  to  act  upon  adversely  to  the individual
involved, any arrest or criminal accusation of such individual not  then
pending  against  that individual which was followed by a termination of
that criminal action or proceeding  in  favor  of  such  individual,  as
defined  in  subdivision two of section 160.50 of the criminal procedure
law, or by a youthful offender adjudication, as defined  in  subdivision
one  of section 720.35 of the criminal procedure law, or by a conviction
for a violation sealed pursuant to section 160.55 of the criminal proce-
dure law [or by a conviction which is sealed pursuant to section  160.58
of  the  criminal  procedure  law],  in  connection  with the licensing,
employment or providing of  credit  or  insurance  to  such  individual;
provided,  further, that no person shall be required to divulge informa-
tion pertaining to any arrest or criminal accusation of such  individual
not  then pending against that individual which was followed by a termi-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04002-01-3

S. 2507                             2

nation of that criminal action or proceeding in favor of  such  individ-
ual,  as  defined  in  subdivision two of section 160.50 of the criminal
procedure law, or by a youthful offender  adjudication,  as  defined  in
subdivision one of section 720.35 of the criminal procedure law, or by a
conviction  for  a  violation  sealed  pursuant to section 160.55 of the
criminal procedure law[, or by a conviction which is sealed pursuant  to
section  160.58  of  the criminal procedure law]. The provisions of this
subdivision shall not apply to the licensing activities of  governmental
bodies  in relation to the regulation of guns, firearms and other deadly
weapons or in relation to an application  for  employment  as  a  police
officer  or  peace  officer  as  those terms are defined in subdivisions
thirty-three and thirty-four of section 1.20 of the  criminal  procedure
law;  provided further that the provisions of this subdivision shall not
apply to an application for employment or membership in any law enforce-
ment agency with respect to any arrest or criminal accusation which  was
followed  by a youthful offender adjudication, as defined in subdivision
one of section 720.35 of the criminal procedure law, or by a  conviction
for a violation sealed pursuant to section 160.55 of the criminal proce-
dure law[, or by a conviction which is sealed pursuant to section 160.58
of the criminal procedure law].
  S 3. This act shall take effect immediately.

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