S T A T E O F N E W Y O R K
________________________________________________________________________
2893
2017-2018 Regular Sessions
I N A S S E M B L Y
January 23, 2017
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Introduced by M. of A. DILAN -- Multi-Sponsored by -- M. of A. HUNTER --
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:
§ 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.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04780-01-7