Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Apr 17, 2018 |
referred to finance |
Senate Bill S8203
2017-2018 Legislative Session
Sponsored By
(R, C) 60th Senate District
Archive: Last Bill Status - In Senate Committee Finance Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2017-S8203 (ACTIVE) - Details
- Current Committee:
- Senate Finance
- Law Section:
- Executive Law
- Laws Affected:
- Add §845-c, Exec L; amd §212, Judy L
2017-S8203 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8203 SPONSOR: GALLIVAN TITLE OF BILL: An act to amend the executive law and the judiciary law, in relation to sealing of records; and to authorize the commission- er of the division of criminal justice services to direct certain records to be sealed PURPOSE OF THE BILL: This bill would require the Division of Criminal Justice Services (DCJS) and the Office of Court Administration (OCA) to suppress certain undis- posed case information on criminal history records for civil background checks. This bill would also authorize DCJS to seal records of actions terminated in favor of a defendant or terminated by a conviction for a non-criminal offense prior to November 1, 1991. SUMMARY OF PROVISIONS: Section one of the bill would add a new section 845-c to the Executive Law to prohibit DCJS from including undisposed case information on crim-
2017-S8203 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8203 I N S E N A T E April 17, 2018 ___________ Introduced by Sen. GALLIVAN -- (at request of the Division of Criminal Justice Services) -- 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 sealing of records; and to authorize the commissioner of the division of criminal justice services to direct certain records to be sealed 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, OTHER THAN A CRIMINAL ACTION OR PROCEEDING FOR A CLASS A-I FELONY, A VIOLENT FELONY OFFENSE AS DEFINED IN SECTION 70.02 OF THE PENAL LAW, A SEX OFFENSE AS DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW, OR AN OFFENSE AS DEFINED IN SECTION 255.25, 255.26 OR 255.27 OR ARTICLE TWO HUNDRED SIXTY-THREE OF THE PENAL LAW, FOR WHICH: (A) NO CONVICTION OR IMPOSITION OF SENTENCE OR OTHER FINAL DISPOSITION HAS BEEN RECORDED; AND (B) NO ENTRY HAS BEEN MADE IN THE DIVISION'S CRIMINAL HISTORY RECORDS FOR A PERIOD OF AT LEAST FIVE YEARS PRECEDING THE ISSUANCE OF SUCH REPORT; AND (C) NO WARRANT IS OUTSTANDING. 3. WHEN A CRIMINAL ACTION IN THE DIVISION'S CRIMINAL HISTORY RECORD REPOSITORY BECOMES AN UNDISPOSED CASE PURSUANT TO THIS SECTION, THE DIVISION SHALL NOTIFY THE DISTRICT ATTORNEY IN THE COUNTY WHICH HAS JURISDICTION. IF THE DISTRICT ATTORNEY NOTIFIES THE DIVISION THAT SUCH CASE IS PENDING AND SHOULD NOT MEET THE DEFINITION OF AN UNDISPOSED CASE, THE CASE SHALL NOT BE EXCLUDED FROM SUCH REPORT. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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