Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Mar 08, 2016 |
referred to codes |
Senate Bill S6939
2015-2016 Legislative Session
Sponsored By
(R, C, IP, RFM) Senate District
Archive: Last Bill Status - In Senate Committee Codes 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
Actions
2015-S6939 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §160.55, CP L
2015-S6939 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6939 TITLE OF BILL : An act to amend the criminal procedure law, in relation to sealing petty offenses This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of his Advisory Committee on Criminal Law and Procedure. The measure would amend CPL 160.55 to clarify that where a court sentences a defendant convicted of a petty offense to a term of a conditional discharge, the criminal action or proceeding does not terminate for purposes of sealing until the defendant has satisfied the conditions imposed by the court at the time of sentence. When an individual is convicted of a petty offense, the Criminal Procedure Law provides for sealing all official records and papers relating to the arrest or prosecution on file with the Division of Criminal Justice Services, the police and the prosecutor's office (CPL 160.55). This sealing protocol is triggered "(u)pon the termination of a criminal action or proceeding against a person by the conviction of a . . . violation" (see CPL 160.55(1)). In this context, the word "conviction" means "the entry of a plea of guilty to, or a verdict of guilty upon, an accusatory instrument . . . " (CPL 1.20(13)). Thus, a defendant is "convicted" when he or she pleads
2015-S6939 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6939 I N S E N A T E March 8, 2016 ___________ Introduced by Sen. AKSHAR -- (at request of the Office of Court Adminis- tration) -- 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 sealing petty offenses THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The opening paragraph of subdivision 1 of section 160.55 of the criminal procedure law, as amended by chapter 169 of the laws of 1994, is amended to read as follows: Upon the termination of a criminal action or proceeding against a person by the conviction of such person of a traffic infraction or a violation, other than a violation of loitering as described in paragraph (d) [or (e)] of subdivision one of section 160.10 of this [chapter] ARTICLE or the violation of operating a motor vehicle while ability impaired as described in subdivision one of section eleven hundred nine- ty-two of the vehicle and traffic law, unless the district attorney upon motion with not less than five [days] DAYS' notice to such person or his or her attorney demonstrates to the satisfaction of the court that the interests of justice require otherwise, or the court on its own motion with not less than five [days] DAYS' notice to such person or his or her attorney determines that the interests of justice require otherwise and states the reasons for such determination on the record, the clerk of the court wherein such criminal action or proceeding was terminated shall immediately notify the commissioner of the division of criminal justice services and the heads of all appropriate police departments and other law enforcement agencies that the action has been terminated by such conviction; PROVIDED, HOWEVER, THAT UNLESS THE COURT DETERMINES THAT THE INTERESTS OF JUSTICE REQUIRE OTHERWISE, AN ACTION OR PROCEEDING WHERE A SENTENCE IS IMPOSED PURSUANT TO SECTION 65.05 OF THE PENAL LAW DOES NOT TERMINATE UNTIL THE SATISFACTORY COMPLETION OF ANY CONDITION IMPOSED BY THE COURT. Upon receipt of notification of such termination: S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14004-01-6
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