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Assembly Bill A7254

2015-2016 Legislative Session

Makes technical amendments relating to termination of an action in favor of an accused

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2015-A7254 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยงยง160.55 & 160.60, CP L

2015-A7254 (ACTIVE) - Summary

Makes technical amendments relating to termination of an action in favor of an accused.

2015-A7254 (ACTIVE) - Bill Text download pdf 

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

                                  7254

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 29, 2015
                               ___________

Introduced  by  M.  of  A.  DILAN  -- (at request of the Office of Court
  Administration) -- read once and referred to the Committee on Codes

AN ACT to amend the criminal procedure law, in relation  to  termination
  of an action in favor of an accused

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

  Section 1. Subdivision 4 of section 160.55 of the  criminal  procedure
law,  as  added  by chapter 192 of the laws of 1980 and as renumbered by
chapter 142 of the laws of 1991, is amended to read as follows:
  4. This section shall not apply to an action terminated  in  a  manner
described  in paragraph (k) of subdivision [two] THREE of section 160.50
of this [chapter] ARTICLE.
  S 2. Section 160.60 of the criminal procedure law, as amended by chap-
ter 877 of the laws of 1976, is amended to read as follows:
S 160.60 Effect of termination of  criminal  actions  in  favor  of  the
           accused.
  Upon  the  termination  of  a  criminal action or proceeding against a
person in favor of such person, as defined in subdivision [two] THREE of
section 160.50 of this [chapter] ARTICLE,  the  arrest  and  prosecution
shall  be deemed a nullity and the accused shall be restored, in contem-
plation of law, to the status he OR SHE occupied before the  arrest  and
prosecution.  The arrest or prosecution shall not operate as a disquali-
fication  of  any  person  so  accused to pursue or engage in any lawful
activity, occupation, profession, or calling.  Except where specifically
required or permitted by statute or upon  specific  authorization  of  a
superior  court, no such person shall be required to divulge information
pertaining to the arrest or prosecution.
  S 3. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09289-01-5

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