senate Bill S7188A

2017-2018 Legislative Session

Relates to orders of adjournment in contemplation of dismissal and sealing of defendant records

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Archive: Last Bill Status - In Senate Committee Codes 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 (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 31, 2018 print number 7188a
May 31, 2018 amend and recommit to codes
Jan 03, 2018 referred to codes

S7188 - Details

See Assembly Version of this Bill:
A8798
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§160.58, 170.55 & 170.56, CP L
Versions Introduced in Other Legislative Sessions:
2019-2020: S2278, A1364
2021-2022: S479, A90

S7188 - Summary

Relates to orders of adjournment in contemplation of dismissal by mandating that judges seal certain records of defendants rather than giving judges discretion for such an action; and limits the total period of adjournment to 90 days.

S7188 - Sponsor Memo

S7188 - Bill Text download pdf


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

                                  7188

                            I N  S E N A T E

                               (PREFILED)

                             January 3, 2018
                               ___________

Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the criminal procedure law, in  relation  to  orders  of
  adjournment  in  contemplation  of  dismissal and sealing of defendant
  records

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

  Section  1.  Subdivision 1 of section 160.58 of the criminal procedure
law, as added by section 3 of part AAA of chapter  56  of  the  laws  of
2009, is amended to read as follows:
  1. A defendant convicted of any offense defined in article two hundred
twenty or two hundred twenty-one of the penal law or a specified offense
defined  in  subdivision  five of section 410.91 of this chapter who has
successfully completed a judicial diversion program  under  article  two
hundred sixteen of this chapter, or one of the programs heretofore known
as drug treatment alternative to prison or another judicially sanctioned
drug  treatment  program  of similar duration, requirements and level of
supervision, and has completed the sentence imposed for the  offense  or
offenses,  [is  eligible  to] SHALL have such offense or offenses sealed
pursuant to this section.
  § 2. Subdivision 2 of section 160.58 of the criminal procedure law, as
added by section 3 of part AAA of chapter 56 of the  laws  of  2009,  is
amended to read as follows:
  2.  The  court that sentenced the defendant to a judicially sanctioned
drug treatment program [may on its own motion,  or  on  the  defendant's
motion,]  SHALL  order that all official records [and papers relating to
the arrest, prosecution and conviction which resulted in the defendant's
participation in the judicially sanctioned  drug  treatment  program  be
conditionally  sealed],  DOCUMENTS,  PLEADINGS  AND RECORDS EXCHANGED AS
PART OF DISCOVERY  RELATING  TO  THE  ARREST,  INDICTMENT,  PROSECUTION,
CONVICTION,  OR PLEA AGREEMENT WHICH RESULTED IN THE DEFENDANT'S PARTIC-
IPATION IN THE JUDICIALLY SANCTIONED DRUG TREATMENT PROGRAM  BE  SEALED.
In such case, the court may also [conditionally] seal the arrest, [pros-

S7188A (ACTIVE) - Details

See Assembly Version of this Bill:
A8798
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§160.58, 170.55 & 170.56, CP L
Versions Introduced in Other Legislative Sessions:
2019-2020: S2278, A1364
2021-2022: S479, A90

S7188A (ACTIVE) - Summary

Relates to orders of adjournment in contemplation of dismissal by mandating that judges seal certain records of defendants rather than giving judges discretion for such an action; and limits the total period of adjournment to 90 days.

S7188A (ACTIVE) - Sponsor Memo

S7188A (ACTIVE) - Bill Text download pdf


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

                                 7188--A

                            I N  S E N A T E

                               (PREFILED)

                             January 3, 2018
                               ___________

Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the criminal procedure law, in relation to orders of
  adjournment in contemplation of dismissal  and  sealing  of  defendant
  records

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

  Section 1. Subdivision 1 of section 160.58 of the  criminal  procedure
law,  as  added  by  section  3 of part AAA of chapter 56 of the laws of
2009, is amended to read as follows:
  1. A defendant convicted of any offense defined in article two hundred
twenty or two hundred twenty-one of the penal law or a specified offense
defined in subdivision five of section 410.91 of this  chapter  who  has
successfully  completed  a  judicial diversion program under article two
hundred sixteen of this chapter, or one of the programs heretofore known
as drug treatment alternative to prison or another judicially sanctioned
drug treatment program of similar duration, requirements  and  level  of
supervision,  and  has completed the sentence imposed for the offense or
offenses, [is eligible to] SHALL have such offense  or  offenses  sealed
pursuant to this section.
  § 2. Subdivision 2 of section 160.58 of the criminal procedure law, as
added  by  section  3  of part AAA of chapter 56 of the laws of 2009, is
amended to read as follows:
  2. The court that sentenced the defendant to a  judicially  sanctioned
drug  treatment  program  [may  on its own motion, or on the defendant's
motion,] SHALL order that all official records and  papers  relating  to
the arrest, prosecution and conviction which resulted in the defendant's
participation  in  the  judicially  sanctioned drug treatment program be
conditionally sealed. In such case, the  court  may  also  conditionally
seal  the  arrest,  prosecution  and conviction records for no more than
[three] FIVE of the defendant's prior  [eligible]  misdemeanors,  [which

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