assembly Bill A3256

2017-2018 Legislative Session

Relates to undisposed cases

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 referred to codes
Jan 27, 2017 referred to codes

Co-Sponsors

Multi-Sponsors

A3256 (ACTIVE) - Details

See Senate Version of this Bill:
S4485
Current Committee:
Assembly Codes
Law Section:
Executive Law
Laws Affected:
Add §845-c, Exec L; amd §212, Judy L
Versions Introduced in Other Legislative Sessions:
2009-2010: A8222
2011-2012: A6471, S5357
2013-2014: A3381, S1395
2015-2016: A2848, S5092
2019-2020: A4048, S744

A3256 (ACTIVE) - Summary

Provides that when the division of criminal justice services conducts a search of its criminal history records and returns a report thereon, all references to undisposed cases shall be excluded.

A3256 (ACTIVE) - Bill Text download pdf


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

                                  3256

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2017
                               ___________

Introduced  by  M.  of A. AUBRY, BLAKE -- Multi-Sponsored by -- M. of A.
  PERRY -- read once and referred to the Committee on Codes

AN ACT to amend the executive law and the judiciary law, in relation  to
  undisposed cases

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

  Section 1. The executive law is amended by adding a new section  845-c
to read as follows:
  §  845-C. CRIMINAL HISTORY RECORD SEARCHES; UNDISPOSED CASES. 1. WHEN,
PURSUANT TO STATUTE OR THE REGULATIONS OF  THE  DIVISION,  THE  DIVISION
CONDUCTS  A  SEARCH OF ITS CRIMINAL HISTORY RECORDS AND RETURNS A REPORT
THEREON, ALL REFERENCES TO UNDISPOSED CASES CONTAINED IN  SUCH  CRIMINAL
HISTORY RECORD SHALL BE EXCLUDED FROM SUCH REPORT.
  2. FOR PURPOSES OF THIS SECTION, "UNDISPOSED CASE" SHALL MEAN A CRIMI-
NAL ACTION OR PROCEEDING, OR AN ARREST INCIDENT, IDENTIFIED IN THE DIVI-
SION'S  CRIMINAL  HISTORY RECORDS FOR WHICH NO CONVICTION, IMPOSITION OF
SENTENCE, ORDER OF REMOVAL OR OTHER FINAL DISPOSITION,  OTHER  THAN  THE
ISSUANCE OF AN APPARENTLY UNEXECUTED WARRANT, HAS BEEN RECORDED AND WITH
RESPECT  TO  WHICH  NO  ENTRY  HAS  BEEN MADE IN THE DIVISION'S CRIMINAL
HISTORY RECORDS FOR A PERIOD OF AT LEAST FIVE YEARS PRECEDING THE  ISSU-
ANCE OF SUCH REPORT.
  3.  THE  PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY
TO CRIMINAL HISTORY RECORD INFORMATION (A) PROVIDED BY THE  DIVISION  TO
QUALIFIED  AGENCIES PURSUANT TO SUBDIVISION SIX OF SECTION EIGHT HUNDRED
THIRTY-SEVEN OF THIS ARTICLE, OR TO FEDERAL  OR  STATE  LAW  ENFORCEMENT
AGENCIES,  FOR CRIMINAL JUSTICE PURPOSES; (B) PREPARED SOLELY FOR A BONA
FIDE RESEARCH PURPOSE; OR (C) PREPARED FOR THE INTERNAL RECORDKEEPING OR
CASE MANAGEMENT PURPOSES OF THE DIVISION.
  4. NOTHING CONTAINED IN THIS SECTION SHALL  BE  DEEMED  TO  PERMIT  OR
REQUIRE  THE  RELEASE, DISCLOSURE OR OTHER DISSEMINATION BY THE DIVISION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08142-01-7

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