Assembly Bill A9088

2015-2016 Legislative Session

Relates to the effect of termination of criminal actions and proceedings against a minor

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • 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

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2015-A9088 (ACTIVE) - Details

See Senate Version of this Bill:
S6702
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §160.60, CP L
Versions Introduced in Other Legislative Sessions:
2017-2018: A2893, S2765
2019-2020: A3329, S6006
2021-2022: A3285, S3517
2023-2024: A2392, S1660

2015-A9088 (ACTIVE) - Summary

Relates to the effect of termination of criminal actions and proceedings against a minor.

2015-A9088 (ACTIVE) - Bill Text download pdf 

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

                                  9088

                          I N  A S S E M B L Y

                            January 25, 2016
                               ___________

Introduced  by M. of A. DILAN -- read once and referred to the Committee
  on Codes

AN ACT to amend the criminal procedure law, in relation to the effect of
  termination of criminal actions and proceedings against a minor

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

  Section 1. Section 160.60 of the criminal procedure law, as amended by
chapter 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.
  1. 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 occupied before the arrest and prose-
cution.  The arrest or prosecution shall not operate as a  disqualifica-
tion  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.
  2. UPON THE TERMINATION OF A CRIMINAL ACTION OR PROCEEDING  AGAINST  A
MINOR PURSUANT TO SECTION 160.50 OF THIS ARTICLE, ALL PHOTOGRAPHS, FING-
ERPRINTS,  PALMPRINTS,  AND  ARREST  RECORDS  RELATED  TO SUCH ACTION OR
PROCEEDING SHALL BE EXPUNGED ONLY IF SUCH  MINOR  HAS  NO  PRIOR  ARREST
RECORD.  FOR PURPOSES OF THIS ARTICLE, "MINOR" SHALL HAVE THE SAME MEAN-
ING AS JUVENILE OFFENDER AS DEFINED BY SUBDIVISION FORTY-TWO OF  SECTION
1.20 OF THIS CHAPTER.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13239-02-6

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