Senate Bill S8113

2015-2016 Legislative Session

Relates to the sealing of certain convictions

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules 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-S8113 (ACTIVE) - Details

See Assembly Version of this Bill:
A10710
Current Committee:
Senate Rules
Law Section:
Criminal Procedure Law
Laws Affected:
Add §160.59, CP L; amd §296, add §845-c, Exec L; amd §212, Judy L

2015-S8113 (ACTIVE) - Summary

Relates to the sealing of certain convictions; defines terms; relates to criminal history record searches and references to undisposed cases; directs the commissioner of criminal justice services to direct that certain records of any action or proceeding terminated be sealed

2015-S8113 (ACTIVE) - Sponsor Memo

2015-S8113 (ACTIVE) - Bill Text download pdf

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

                                  8113

                            I N  S E N A T E

                              June 13, 2016
                               ___________

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

AN ACT to amend the criminal procedure law and  the  executive  law,  in
  relation  to  sealing  of  certain  convictions (Part A); to amend the
  executive law and the judiciary law, in relation to  certain  criminal
  history  record  searches  (Part B); and to direct the commissioner of
  the division of criminal justice  services  to  seal  certain  records
  (Part C)

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

  Section 1. This act enacts into law major components  of  legislation.
Each  component  is  wholly  contained with a Part identified as Parts A
through C. The effective date for each  particular  provision  contained
within  such  Part  is  set  forth in the last section of such Part. Any
provision in any section contained within a Part, including  the  effec-
tive date of the Part, which makes reference to a section "of this act",
when  used in connection with that particular component, shall be deemed
to mean and refer to the corresponding section of the Part in  which  it
is  found.  Section  three  of this act sets forth the general effective
date of this act.

                                 PART A

  Section 1. The criminal procedure law  is  amended  by  adding  a  new
section 160.59 to read as follows:
S 160.59 SEALING OF CERTAIN CONVICTIONS.
  1.  DEFINITIONS:  AS  USED  IN THIS SECTION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS;
  (A) "ELIGIBLE OFFENSE" SHALL MEAN ANY CRIME DEFINED  IN  THE  LAWS  OF
THIS STATE OTHER THAN A SEX OFFENSE DEFINED IN ARTICLE ONE HUNDRED THIR-
TY  OF  THE  PENAL  LAW,  AN  OFFENSE  DEFINED  IN  ARTICLE  TWO HUNDRED
SIXTY-THREE OF THE PENAL LAW, A FELONY OFFENSE DEFINED  IN  ARTICLE  ONE
HUNDRED  TWENTY-FIVE  OF THE PENAL LAW, A VIOLENT FELONY OFFENSE DEFINED
IN SECTION 70.02 OF THE PENAL LAW, A CLASS A FELONY OFFENSE  DEFINED  IN

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

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