|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to investigations and government operations|
|Jan 18, 2013||referred to investigations and government operations|
senate Bill S2507
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S2507 - Details
S2507 - Summary
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.
S2507 - Sponsor Memo
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 The section to be repealed further allows the Court to seal up to three previous drug
S2507 - Bill Text download pdf
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
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