senate Bill S3809

2017-2018 Legislative Session

Relates to sealing records for certain proceedings

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Judiciary 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 (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 15, 2018 reported and committed to judiciary
Mar 19, 2018 notice of committee consideration - requested
Jan 03, 2018 referred to codes
Jan 27, 2017 referred to codes

Votes

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May 15, 2018 - Codes committee Vote

S3809
7
2
committee
7
Aye
2
Nay
6
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: May 15, 2018

nay (2)
excused (1)

Sponsor's Position

This bill is necessary to limit the stigma and collateral consequences associated with a conviction for basic marijuana possession.

Co-Sponsors

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S3809 - Details

See Assembly Version of this Bill:
A2142
Current Committee:
Senate Judiciary
Law Section:
Penal Law
Laws Affected:
Amd §221.05, Pen L; amd §160.50, CP L
Versions Introduced in 2015-2016 Legislative Session:
S8047, A10092

S3809 - Summary

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

S3809 - Sponsor Memo

S3809 - Bill Text download pdf


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

                                  3809

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 27, 2017
                               ___________

Introduced  by Sens. BAILEY, HAMILTON -- read twice and ordered printed,
  and when printed to be committed to the Committee on Codes

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:
§ 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.
  §  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 to read 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

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

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