senate Bill S5385

2013-2014 Legislative Session

Permits the sealing of records of certain nonviolent misdemeanor or non-sexual 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
May 16, 2013 referred to codes

Co-Sponsors

S5385 - Details

Law Section:
Criminal Procedure Law
Laws Affected:
Add §160.65, CP L; amd §296, Exec L

S5385 - Summary

Establishes the second chance for ex-offenders act; permits the sealing of records of certain nonviolent misdemeanor or non-sexual misdemeanor criminal offenses; defines the term "eligible offense"; excludes certain misdemeanor offenses as eligible offenses for the purposes of conditional sealing (view more) lists certain eligibility requirements for sealing.

S5385 - Sponsor Memo

S5385 - Bill Text download pdf

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

                                  5385

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen.  ZELDIN -- 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

  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 OFFENSES.
  1. FOR THE PURPOSES OF THIS SECTION, THE TERM "ELIGIBLE OFFENSE" SHALL
BE: (A) A MISDEMEANOR OFFENSE DEFINED IN THE PENAL LAW, PROVIDED THAT AN
ELIGIBLE OFFENSE SHALL NOT MEAN A MISDEMEANOR OFFENSE DEFINED IN ARTICLE
ONE  HUNDRED  TWENTY  EXCEPT  ASSAULT  IN THE THIRD DEGREE AS DEFINED BY
SECTION 120.00, UNLESS COMMITTED IN THE COURSE OF  A  DOMESTIC  VIOLENCE
INCIDENT,  ONE HUNDRED TWENTY-ONE, ONE HUNDRED THIRTY, ONE HUNDRED THIR-
TY-FIVE, ONE HUNDRED FIFTY, TWO HUNDRED THIRTY-FIVE, TWO HUNDRED  FORTY-
FIVE, TWO HUNDRED SIXTY, TWO HUNDRED SIXTY-THREE, TWO HUNDRED SIXTY-FIVE
OR ARTICLE FOUR HUNDRED OF THE PENAL LAW. AN ELIGIBLE OFFENSE SHALL ALSO
NOT  INCLUDE ANY ONE OR MORE OF THE FOLLOWING:  CRIMINAL SOLICITATION IN
THE FOURTH DEGREE AS DEFINED  BY  SUBDIVISION  TWO  OF  SECTION  100.05;
CONSPIRACY  IN THE FIFTH DEGREE AS DEFINED IN SECTION 105.05, PUNISHMENT
AS DEFINED IN SUBDIVISION SEVEN OF SECTION 110.05, CRIMINAL FACILITATION
IN THE FOURTH DEGREE AS DEFINED BY SECTION 115.00, CRIMINAL  OBSTRUCTION
OF  BREATHING OR BLOOD CIRCULATION AS DEFINED IN SECTION 121.11, ISSUING
ABORTIONAL ARTICLES AS DEFINED IN SECTION 125.60, CRIMINAL  MISCHIEF  IN
THE  FOURTH  DEGREE  AS DEFINED IN SECTION 145.00, CRIMINAL TAMPERING IN
THE SECOND DEGREE AS DEFINED IN SECTION 145.15, TAMPERING WITH A CONSUM-
ER PRODUCT IN THE SECOND DEGREE AS DEFINED IN  SECTION  145.40,  WELFARE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06526-11-3

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