|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 03, 2018||referred to finance|
|Feb 15, 2017||referred to finance|
senate Bill S4485
Current Bill Status - In Senate Committee Finance Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S4485 - Details
S4485 - Sponsor Memo
BILL NUMBER: S4485 TITLE OF BILL : An act to amend the executive law and the judiciary law, in relation to providing that criminal history records excludes unresolved cases PURPOSE : This bill will require DOS and OCA to refrain from including undisposed case information on criminal history record reports except for law enforcement and other specified purposes. SUMMARY OF PROVISIONS : Section 1 of the bill adds a new section 845-c to the Executive Law to prohibit DCJS from including undisposed case information on criminal history record reports (i.e., rapsheets) where the report is produced for a non-law enforcement or non-criminal justice purpose. The bill defines "undisposed case" as a criminal action or proceeding or an arrest incident that appears on an individual's criminal history record for which no conviction, sentence or other final disposition (other than an apparently unexecuted bench warrant) appears and with respect to which no entry has been made on the DCJS record for a period of at least five years. The prohibition also would not apply to records produced by DCJS solely for bona fide research or internal recordkeeping purposes.
S4485 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4485 2017-2018 Regular Sessions I N S E N A T E February 15, 2017 ___________ Introduced by Sen. MONTGOMERY -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the executive law and the judiciary law, in relation to providing that criminal history records excludes unresolved 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. LBD08142-02-7
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