Assembly Bill A2896B

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

                                  2896

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2013
                               ___________

Introduced  by M. of A. AUBRY -- read once and referred 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
              

A. 2896                             2

CRIMINAL RECORD WITH BOTH THE DIVISION OF CRIMINAL JUSTICE SERVICES  AND
WITH  THE OFFICE OF COURT ADMINISTRATION. THE DIVISION SHALL SEND NOTICE
THAT THE WARRANT IS CONSIDERED RECALLED TO THE  ARRESTING  AGENCY  WHICH
FORWARDED THE FINGERPRINTS TO THE DIVISION OF CRIMINAL JUSTICE SERVICES.
FOR  CASES  INITIATED PRIOR TO JANUARY FIRST, TWO THOUSAND FIFTEEN, SUCH
NOTICE SHALL BE TRANSMITTED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES
UPON REQUEST OF THE PERSON ACCUSED OR SUCH PERSON'S DESIGNATED AGENT.
  S 2. This act shall take effect January 1, 2015.

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

                                 2896--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2013
                               ___________

Introduced  by M. of A. AUBRY -- read once and referred 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.
                                                           LBD06009-02-3