assembly Bill A1364

2019-2020 Legislative Session

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

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Archive: Last Bill Status - On Floor Calendar


  • 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
Jan 08, 2020 ordered to third reading cal.71
May 09, 2019 advanced to third reading cal.277
May 07, 2019 reported
Jan 15, 2019 referred to codes

Co-Sponsors

A1364 (ACTIVE) - Details

See Senate Version of this Bill:
S2278
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§160.58, 170.55 & 170.56, CP L
Versions Introduced in Other Legislative Sessions:
2017-2018: A8798, S7188
2021-2022: A90, S479

A1364 (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.

A1364 (ACTIVE) - Bill Text download pdf


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

                                  1364

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2019
                               ___________

Introduced  by M. of A. QUART -- read once and referred 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.  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

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