senate Bill S3255B

2013-2014 Legislative Session

Relates to criminal history record searches and open warrants

download bill text pdf

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Archive: Last Bill Status - In Senate Committee Codes 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 (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 10, 2014 print number 3255b
Feb 10, 2014 amend and recommit to codes
Jan 08, 2014 referred to codes
Jun 05, 2013 print number 3255a
Jun 05, 2013 amend (t) and recommit to codes
Jan 31, 2013 referred to codes

S3255 - Details

See Assembly Version of this Bill:
A2896
Current Committee:
Senate Codes
Law Section:
Executive Law
Laws Affected:
Add §845-c, Exec L
Versions Introduced in Other Legislative Sessions:
2009-2010: S2655, A3665
2011-2012: S3377, A6473
2015-2016: S4939, A3998
2017-2018: S2872, A3455
2019-2020: S3256, A4128

S3255 - Summary

Relates to criminal history record searches and open warrants and when such warrants shall be excluded from reports.

S3255 - Sponsor Memo

S3255 - Bill Text download pdf

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

                                  3255

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 31, 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, in relation to notice by the
  division of criminal justice services

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

  Section  1. Section 530.70 of the criminal procedure law is amended by
adding a new subdivision 7 to read as follows:
  7. WHEN A CRIMINAL RECORD  MAINTAINED  BY  THE  DIVISION  OF  CRIMINAL
JUSTICE  SERVICES  PURSUANT  TO SUBDIVISION SIX OF SECTION EIGHT HUNDRED
THIRTY-SEVEN OF THE EXECUTIVE LAW CONTAINS A WARRANT ON A CASE INITIATED
AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN, THAT HAS  NOT  BEEN  RECALLED
AND  THE  DIVISION  OF CRIMINAL JUSTICE SERVICES SUBSEQUENTLY RECEIVES A
REPORT OF A NEW COURT PROCEEDING ON THE CASE THAT CONTAINS  THE  WARRANT
OR  A  REPORT  ON  A  NEW ARREST BUT NO REPORT THAT THE WARRANT HAS BEEN
RECALLED, THE DIVISION OF  CRIMINAL  JUSTICE  SERVICES  SHALL    SEND  A
NOTIFICATION TO THE CLERK OF THE COURT OF THE LOCAL CRIMINAL COURT WHERE
THE  ARREST IS BEING PROSECUTED, THE OFFICE OF COURT ADMINISTRATION, AND
THE ARRESTING AGENCY WHICH FORWARDED THE FINGERPRINTS OF THE  PERSON  TO
THE DIVISION OF CRIMINAL JUSTICE SERVICES.  SUCH NOTICE SHALL STATE THAT
IF  THE  DIVISION OF CRIMINAL JUSTICE SERVICES DOES NOT RECEIVE INFORMA-
TION FROM ANY OF THESE AGENCIES THAT THE WARRANT IS  STILL  ACTIVE,  THE
DIVISION OF CRIMINAL JUSTICE SERVICES SHALL INDICATE ON THE INDIVIDUAL'S
CRIMINAL  RECORD  THAT  THE  WARRANT  HAS BEEN RECALLED. IF ONE OF THESE
AGENCIES NOTIFIES THE DIVISION OF CRIMINAL JUSTICE   SERVICES  THAT  THE
WARRANT  HAS  BEEN  RECALLED,  THE DIVISION OF CRIMINAL JUSTICE SERVICES
SHALL ADD THIS INFORMATION TO  THE  INDIVIDUAL'S  CRIMINAL  RECORD.  IF,
AFTER SIXTY DAYS, THE DIVISION  OF CRIMINAL JUSTICE SERVICES RECEIVES NO
RESPONSES  FROM  ANY OF THE AGENCIES IT HAS CONTACTED OR IF THE AGENCIES
INDICATE THAT THEY CANNOT FIND ANY RECORD OF THE  WARRANT,  THE  WARRANT
SHALL  BE  CONSIDERED  RECALLED AND RECORDED AS SUCH ON THE INDIVIDUAL'S

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06009-01-3

S3255A - Details

See Assembly Version of this Bill:
A2896
Current Committee:
Senate Codes
Law Section:
Executive Law
Laws Affected:
Add §845-c, Exec L
Versions Introduced in Other Legislative Sessions:
2009-2010: S2655, A3665
2011-2012: S3377, A6473
2015-2016: S4939, A3998
2017-2018: S2872, A3455
2019-2020: S3256, A4128

S3255A - Summary

Relates to criminal history record searches and open warrants and when such warrants shall be excluded from reports.

S3255A - Sponsor Memo

S3255A - Bill Text download pdf

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

                                 3255--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 31, 2013
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the  executive  law, in relation to criminal history
  record searches and open warrants

  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; OPEN WARRANTS. 1.  WHEN A
CRIMINAL RECORD MAINTAINED BY THE DIVISION, PURSUANT TO SUBDIVISION  SIX
OF  SECTION  EIGHT  HUNDRED  THIRTY-SEVEN  OF  THIS  ARTICLE, CONTAINS A
WARRANT THAT HAS NOT BEEN RECALLED AND  THE  DIVISION  HAS  SUBSEQUENTLY
RECEIVED  A  REPORT  OF A NEW COURT PROCEEDING ON THE CASE THAT CONTAINS
THE WARRANT BUT NO REPORT THAT THE WARRANT HAS BEEN RECALLED, ALL REFER-
ENCES TO SUCH A WARRANT CONTAINED IN THE CRIMINAL HISTORY  RECORD  SHALL
BE EXCLUDED FROM SUCH REPORT.
  2.  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.
  S 2. This act shall take effect January 1, 2015.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06009-03-3

S3255B (ACTIVE) - Details

See Assembly Version of this Bill:
A2896
Current Committee:
Senate Codes
Law Section:
Executive Law
Laws Affected:
Add §845-c, Exec L
Versions Introduced in Other Legislative Sessions:
2009-2010: S2655, A3665
2011-2012: S3377, A6473
2015-2016: S4939, A3998
2017-2018: S2872, A3455
2019-2020: S3256, A4128

S3255B (ACTIVE) - Summary

Relates to criminal history record searches and open warrants and when such warrants shall be excluded from reports.

S3255B (ACTIVE) - Sponsor Memo

S3255B (ACTIVE) - Bill Text download pdf

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

                                 3255--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 31, 2013
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said committee -- recommitted to the Committee on Codes in accord-
  ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the executive  law,  in  relation  to  criminal  history
  record searches and open warrants

  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; OPEN WARRANTS. 1.   WHEN  A
CRIMINAL  RECORD MAINTAINED BY THE DIVISION, PURSUANT TO SUBDIVISION SIX
OF SECTION EIGHT  HUNDRED  THIRTY-SEVEN  OF  THIS  ARTICLE,  CONTAINS  A
WARRANT  THAT  HAS  NOT  BEEN RECALLED AND THE DIVISION HAS SUBSEQUENTLY
RECEIVED A REPORT OF A NEW COURT PROCEEDING ON THE  CASE  THAT  CONTAINS
THE WARRANT BUT NO REPORT THAT THE WARRANT HAS BEEN RECALLED, ALL REFER-
ENCES  TO  SUCH A WARRANT CONTAINED IN THE CRIMINAL HISTORY RECORD SHALL
BE EXCLUDED FROM SUCH REPORT.
  2. 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.
  S 2. This act shall take effect January 1, 2016.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06009-04-4

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