NY State Senate Bill 2017-S8203

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

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 17, 2018	referred to finance

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) - Summary

Relates to sealing of records; authorizes the commissioner of the division of criminal justice services to direct certain records be sealed.

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-

inal history records (i.e., rapsheets) where the record is produced for
a non-law enforcement or non-criminal justice purpose (e.g. a preemploy-
ment criminal history record search). The bill defines an "undisposed
case" as: (i) a criminal action or proceeding or an arrest incident that
appears on an individual's criminal history record for which no final
disposition or imposition of sentence has been recorded; (ii) no entry
has been made on the DCJS record on that criminal action for a period of
at least five years; and (iii) for which no warrant is outstanding.
Class A-I felonies, violent felonies, sex offenses, incest, and child
pornography cases would be excluded.

Section two of the bill would add new paragraph (s) to subdivision two
of section 212 of the ' Judiciary Law to establish a corresponding
requirement and stipulations for OCA.

Section three of the bill would authorize DCJS to direct that records of
criminal proceedings terminated in favor of the accused or by conviction
for a non-criminal offense between September 1, 1976 and November 1,
1991 be sealed in the manner set forth in CPL 160.50 and 160.55, respec-
tively.

Section four of the bill provides an effective date of one hundred
eighty days after it has become law.

 
JUSTIFICATION:

A number of laws authorize prospective employers to obtain a criminal
history background check. Individuals seeking employment may be passed
over due to an arrest even if no conviction occurred. Although current
law provides for the sealing of certain criminal records, in some cases
administrative breakdowns occur, leaving information about cases that
have terminated in a person's favor, or have been filed in court but
never brought to any final disposition, open on a person's permanent
criminal history record maintained by DCJS.

This bill would require DCJS and OCA to suppress "undisposed case"
information, as defined by the bill, in any report of a criminal history
search conducted by them and provided for employment or licensing
reasons. Where the report is produced by DCJS for a "qualified agency,"
or a federal law enforcement agency, for a criminal justice purpose, or
by DCJS or OCA for research, record review, or internal record keeping
purposes, those undisposed cases would remain visible. The District
Attorney with jurisdiction over the case would be notified that the case
is considered "undisposed" and would have an opportunity to provide DCJS
with information showing that a prosecution was still pending. This
provision would assist individuals in obtaining gainful employment by
suppressing possible inaccurate information contained on a rapsheet
while allowing such information to be released to law enforcement,
courts, and prosecutors.

This bill would effectively address current systemic deficiencies and
would help to ensure the accuracy and integrity of the criminal history
record keeping system in New York State. Altogether this bill would
enhance the economy of the State by helping citizens to find and main-
tain employment free from the impediments imposed by faulty data or an
unsealed arrest terminated in their favor.

 
PRIOR LEGISLATIVE HISTORY:

A bill containing similar provisions, S.8113/A.10710, was introduced in
2016.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This bill would take effect on the one hundred eightieth day after it
becomes a law and would apply to searches of criminal history records
conducted on or after such date; provided, however, that prior to such
effective date, the division of criminal justice services, in consulta-
tion with the state administrator of the unified court system as well as
any other public or private agency, would undertake such measures as may
be necessary and appropriate to update its criminal history records with
respect to criminal cases and arrest incidents for which no final dispo-
sition has been reported.

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.

                                                            LBD14433-01-8

 S. 8203                             2
 
   4.  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  RECORD  KEEPING
 OR CASE MANAGEMENT PURPOSES OF THE DIVISION.
   §  2.  Subdivision 2 of section 212 of the judiciary law is amended by
 adding a new paragraph (w) to read as follows:
   (W) TAKE SUCH ACTIONS AND ADOPT SUCH MEASURES AS MAY BE  NECESSARY  TO
 ENSURE THAT NO WRITTEN OR ELECTRONIC REPORT OF A CRIMINAL HISTORY RECORD
 SEARCH  CONDUCTED  BY  THE  OFFICE OF COURT ADMINISTRATION, OTHER THAN A
 SEARCH CONDUCTED SOLELY FOR THE INTERNAL RECORDKEEPING OR  CASE  MANAGE-
 MENT  PURPOSES  OF  THE  JUDICIARY  OR FOR A BONA FIDE RESEARCH PURPOSE,
 CONTAINS INFORMATION RELATING TO AN UNDISPOSED  CASE.  FOR  PURPOSES  OF
 THIS  PARAGRAPH,  "UNDISPOSED  CASE"  SHALL  MEAN  A  CRIMINAL 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:
   (I) NO CONVICTION OR IMPOSITION OF SENTENCE OR OTHER FINAL DISPOSITION
 HAS BEEN RECORDED; AND
   (II) 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
   (III) NO WARRANT IS OUTSTANDING.
   NOTHING CONTAINED IN THIS PARAGRAPH  SHALL  BE  DEEMED  TO  PERMIT  OR
 REQUIRE  THE RELEASE, DISCLOSURE OR OTHER DISSEMINATION BY THE OFFICE OF
 COURT ADMINISTRATION OF CRIMINAL HISTORY  RECORD  INFORMATION  THAT  HAS
 BEEN SEALED IN ACCORDANCE WITH LAW.
   §  3. The commissioner of the division of criminal justice services is
 authorized to direct that records of any action or proceeding terminated
 in favor of the accused, as defined by section 160.50  of  the  criminal
 procedure law, on or after September 1, 1976 and before November 1, 1991
 maintained by the division of criminal justice services be sealed in the
 manner provided for by section 160.50 of the criminal procedure law. The
 commissioner  of  the  division  of criminal justice services is further
 authorized to direct that records of any action or proceeding terminated
 by a conviction for a traffic infraction or a violation,  other  than  a
 violation of loitering as described in paragraph (d) of subdivision 1 of
 section  160.10  of  the penal law or the violation of operating a motor
 vehicle while ability impaired as described in subdivision 1 of  section
 1192  of  the  vehicle and traffic law on or after September 1, 1980 and
 before November 1, 1991 maintained by the division of  criminal  justice
 services  be  sealed in the manner provided for by section 160.55 of the
 criminal procedure law.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law and  shall  apply  to  searches  of  criminal
 history records conducted on or after such date; provided, however, that
 prior to such effective date, the division of criminal justice services,
 in consultation with the state administrator of the unified court system
 as  well  as  any  other  public or private agency, shall undertake such
 measures as may be necessary and  appropriate  to  update  its  criminal
 history  records with respect to criminal cases and arrest incidents for
 which no final disposition has been reported.

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Senate Bill S8203

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

Actions

2017-S8203 (ACTIVE) - Details

2017-S8203 (ACTIVE) - Summary

2017-S8203 (ACTIVE) - Sponsor Memo

2017-S8203 (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Patrick M. Gallivan

Archive: Last Bill Status - In Senate Committee Finance Committee

Actions

2017-S8203 (ACTIVE) - Details

2017-S8203 (ACTIVE) - Summary

2017-S8203 (ACTIVE) - Sponsor Memo

2017-S8203 (ACTIVE) - Bill Text download pdf

Comments