Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Nov 20, 2015 |
signed chap.449 |
Nov 10, 2015 |
delivered to governor |
Jun 15, 2015 |
returned to assembly passed senate substituted for s5640 |
Jun 15, 2015 |
substituted by a7319 |
Jun 01, 2015 |
advanced to third reading |
May 28, 2015 |
2nd report cal. |
May 27, 2015 |
1st report cal.953 |
May 21, 2015 |
referred to codes |
Senate Bill S5640
Signed By Governor2015-2016 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status Via A7319 - Signed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
2015-S5640 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7319
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd ยงยง160.50 & 160.55, CP L
2015-S5640 (ACTIVE) - Sponsor Memo
BILL NUMBER:S5640 TITLE OF BILL: An act to amend the criminal procedure law, in relation to unsealing criminal records This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of her Advisory Committee on Criminal Law and Procedure. This measure would amend section 160.50(1)(d)(ii) of the Criminal Procedure Law to authorize designated local courts to unseal records that the court has sealed in certain cases. The Court of Appeals has recognized, somewhat obliquely, the inherent authority of a court to seal or unseal its own records where the interest of justice dictates, but it has rarely had occasion to define the full scope of this authority (see Hynes v. Karassik, 47 NY2d 659 (1979)). As a result, unsealing a court record usually occurs following an application to a court under one of the specifically enumerated circumstances set forth in section 160.50(1)(d) or 160.55(1)(d) of the Criminal Procedure Law. Those statutes have been strictly construed (see Katherine B. v. Cataldo, 5 NY3d 196 (2005)). One of the enumerated circumstances permitting unsealing is the ex parte application by a law enforcement agency to a superior court, which then may unseal the record if the law enforcement agency
2015-S5640 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5640 2015-2016 Regular Sessions I N S E N A T E May 21, 2015 ___________ Introduced by Sen. NOZZOLIO -- (at request of the Office of Court Admin- istration) -- 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 unsealing criminal records THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (d) of subdivision 1 of section 160.50 of the criminal procedure law, as amended by section 73 of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows: (d) such records shall be made available to the person accused or to such person's designated agent, and shall be made available to (i) a prosecutor in any proceeding in which the accused has moved for an order pursuant to section 170.56 or 210.46 of this chapter, or (ii) a law enforcement agency upon ex parte motion in any superior court, OR IN ANY DISTRICT COURT, CITY COURT OR THE CRIMINAL COURT OF THE CITY OF NEW YORK PROVIDED THAT SUCH COURT SEALED THE RECORD, if such agency demonstrates to the satisfaction of the court that justice requires that such records be made available to it, or (iii) any state or local officer or agency with responsibility for the issuance of licenses to possess guns, when the accused has made application for such a license, or (iv) the New York state department of corrections and community supervision when the accused is on parole supervision as a result of conditional release or a parole release granted by the New York state board of parole, and the arrest which is the subject of the inquiry is one which occurred while the accused was under such supervision, or (v) any prospective employer of a police officer or peace officer as those terms are defined in subdivisions thirty-three and thirty-four of section 1.20 of this chap- ter, in relation to an application for employment as a police officer or peace officer; provided, however, that every person who is an applicant for the position of police officer or peace officer shall be furnished EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09287-02-5
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.