senate Bill S8047

2015-2016 Legislative Session

Relates to sealing records for certain proceedings

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 07, 2016 referred to rules

Co-Sponsors

view additional co-sponsors

S8047 (ACTIVE) - Details

See Assembly Version of this Bill:
A10092
Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Amd §221.05, Pen L; amd §160.50, CP L
Versions Introduced in Other Legislative Sessions:
2017-2018: S3809, A2142
2019-2020: A933

S8047 (ACTIVE) - Summary

Relates to sealing records for certain proceedings that terminate in favor of the accused where the charges relate to the possession of marihuana.

S8047 (ACTIVE) - Sponsor Memo

S8047 (ACTIVE) - Bill Text download pdf

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

                                  8047

                            I N  S E N A T E

                              June 7, 2016
                               ___________

Introduced  by  Sen. HASSELL-THOMPSON -- read twice and ordered printed,
  and when printed to be committed to the Committee on Rules

AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
  relation to sealing records for certain proceedings

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

  Section 1. Section 221.05 of the penal law, as added by chapter 360 of
the laws of 1977, is amended to read as follows:
S 221.05 Unlawful possession of marihuana.
  A person is guilty of unlawful possession of marihuana when  he  know-
ingly and unlawfully possesses marihuana.
  Unlawful  possession  of marihuana is a violation punishable only by a
fine of not more than one hundred dollars. However, where the  defendant
has  previously  been  convicted of [an offense] A CRIME defined in this
article, EXCEPT A CRIME  DEFINED  IN  SECTION  221.10  OF  THIS  ARTICLE
PROVIDED,  HOWEVER,  THAT  THE RECORD OF SUCH CONVICTION DOES NOT DEMON-
STRATE A CONVICTION UNDER SUBDIVISION TWO OF  SUCH  SECTION  221.10,  or
article 220 of this chapter, committed within the three years immediate-
ly  preceding  such violation, it shall be punishable (a) only by a fine
of not more than two hundred dollars, if the  defendant  was  previously
convicted of one such offense committed during such period, and (b) by a
fine  of  not more than two hundred fifty dollars or a term of imprison-
ment not in excess of fifteen days or both, if the defendant was  previ-
ously convicted of two such offenses committed during such period.
  S  2. Paragraph (k) of subdivision 3 of section 160.50 of the criminal
procedure law, as added by chapter 835 of the laws of 1977 and as relet-
tered by chapter 192 of the laws of 1980, is amended as follows:
  (k) (i) The accusatory instrument alleged a violation of  article  two
hundred  twenty  or section 240.36 of the penal law, prior to the taking
effect of article  two  hundred  twenty-one  of  the  penal  law,  or  a
violation  of  article two hundred twenty-one of the penal law; (ii) the
sole  controlled  substance  involved  is  marijuana;  AND   (iii)   the
conviction  was  only  for a violation or violations[; and (iv) at least
three years have passed since the offense occurred] OF SECTION 221.10 OF

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

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.