|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jun 13, 2016||referred to rules|
senate Bill S8113
Archive: Last Bill Status - In Senate Committee Rules Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S8113 (ACTIVE) - Details
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… (view more) makes related provisions.
S8113 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8113 TITLE OF BILL : 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) PURPOSE OF THE BILL : This bill would allow a defendant to apply to a sentencing court to seal certain convictions, for purposes of a civil (e.g. pre-employment) background check only, after ten years of that defendant living crime free. Additionally, this bill requires the Division of Criminal Justice Services (DCJS) and the Office of Court Administration (OCA) to suppress undisposed case information on criminal history records for civil background checks. In both instances, the sealing provision and the suppression of undisposed cases, will not apply to law enforcement agencies and district attorney offices. This bill would also authorize DCJS to seal records of actions terminated in favor of a defendant or terminated by a conviction for a non-criminal offense prior to November 1, 1991. SUMMARY OF PROVISIONS OF THE BILL :
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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