S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4609
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2019
                                ___________
 
 Introduced  by  M. of A. WRIGHT, TAYLOR, PRETLOW, BARRON, DICKENS, HYND-
   MAN, BICHOTTE, BLAKE, JEAN-PIERRE,  VANEL,  CRESPO,  PERRY,  PICHARDO,
   O'DONNELL,  RODRIGUEZ,  NIOU, LENTOL, JOYNER -- read once and referred
   to the Committee on Codes
 
 AN ACT to amend the criminal procedure law, in relation to  establishing
   an automatic expunction system for certain records
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent.  On  August  12,  2013,  United  States
 District  Judge  Shira A. Scheindlin issued an order in Floyd v. City of
 New York that found the city of New York had  violated  the  Fourth  and
 Fourteenth  Amendments  by  acting with "deliberate indifference" toward
 the New York City Police Department's (NYPD) practice of  making  suspi-
 cionless  "stops"  and  "frisks"  and  by adopting "a policy of indirect
 racial profiling by targeting racially defined groups" for  "stops"  and
 "frisks". Additionally, a remedial order was issued imposing remedies or
 "reforms"  to the NYPD's "stop and frisk" practices. (959 F.Supp.2d 540,
 562, 668 (S.D.N.Y. 2013)). In a settlement to a lawsuit brought  by  the
 New  York Civil Liberties Union the city was required to delete personal
 information including names  and  addresses  of  individuals  that  were
 stopped,  questioned  and/or frisked. Between January 2004 and June 2012
 the NYPD made 4.4 million stops in which 83% of them were made on  Afri-
 can  Americans  and  Hispanics.  The  legislature finds that any records
 associated with such unconstitutional stops, frisks and arrests shall be
 automatically expunged and notification shall be made to  such  individ-
 uals of such expunction.
   §  2.  The  criminal  procedure law is amended by adding a new section
 160.65 to read as follows:
 § 160.65 NEW YORK CITY STOP AND FRISK AUTOMATIC EXPUNCTION.
   1. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS  SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   (A)  "STOP AND FRISK" SHALL HAVE THE SAME MEANING AS SECTION 140.50 OF
 THE CRIMINAL PROCEDURE LAW.
   (B) "VOIDABLE STOP" SHALL MEAN ANY STOP THAT:
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00617-01-9

 A. 4609                             2
 
   (I) QUALIFIES AS A STOP AND FRISK;
   (II)  OCCURRED BETWEEN JANUARY TWO THOUSAND FOUR AND JUNE TWO THOUSAND
 TWELVE BY THE NEW YORK CITY POLICE DEPARTMENT; AND
   (III) RESULTED IN EITHER THE COMPLETION OF:
   (A) A UF-250 FORM, A STOP, QUESTION AND FRISK REPORT WORKSHEET; OR
   (B) A FORM 61 COMPLAINT IN WHICH THE SQF  SECTION  WAS  COMPLETED  AND
 RESULTED IN A QUALIFIED ARREST.
   (B)  "QUALIFIED  ARREST" SHALL MEAN AN ARREST FOR ANY OF THE FOLLOWING
 OFFENSES:
   (I) RESISTING ARREST PURSUANT TO SECTION 205.30 OF THE PENAL LAW;
   (II) DISORDERLY CONDUCT PURSUANT TO SECTION 240.20 OF THE PENAL LAW;
   (III) CRIMINAL POSSESSION OF A WEAPON  PURSUANT  TO  SECTIONS  265.01,
 265.02, 265.03 AND 265.04 OF THE PENAL LAW; AND
   (IV)  OFFENSES  INVOLVING  MARIHUANA  PURSUANT  TO ARTICLE TWO HUNDRED
 TWENTY-ONE OF THE PENAL LAW.
   2. THE DIVISION OF CRIMINAL JUSTICE SERVICES, IN CONJUNCTION WITH  THE
 NEW  YORK CITY POLICE DEPARTMENT SHALL ESTABLISH AN AUTOMATIC EXPUNCTION
 SYSTEM TO EXPUNGE OFFICIAL AND UNOFFICIAL RECORDS OF ALL VOIDABLE STOPS.
 SUCH EXPUNCTION SHALL INCLUDE BUT NOT BE LIMITED TO ANY CONVICTIONS  AND
 ALL  RECORDS  PERTAINING TO SUCH STOP INCLUDING UF-250 FORM INFORMATION,
 ANY AND ALL RECORDS OF ARREST, INVESTIGATION  INCLUDING  COMPUTER  DATA-
 BASES,  AND  RECORDS  OF DETENTION PURSUANT TO SUCH VOIDABLE STOP AND/OR
 QUALIFIED ARREST, FINGERPRINTS, PHOTOGRAPHS, DNA SAMPLES, PHYSICAL MEAS-
 UREMENTS, OR ANY OTHER RECORD OF IDENTIFICATION.
   3. SUCH AUTOMATIC EXPUNCTION SYSTEM SHALL INCLUDE:
   (A) AN AUTOMATIC CERTIFICATION PROCESS THAT SHALL NOTIFY ANY  INDIVID-
 UAL AT THEIR LAST KNOWN ADDRESS OF SUCH EXPUNCTION; AND
   (B)  AN AUTOMATIC NOTIFICATION MECHANISM FOR ALL LICENSING AGENCIES TO
 NOTIFY SUCH THAT SUCH EXPUNCTIONS HAVE OCCURRED AND NO INDIVIDUAL  SHALL
 BE ADVERSELY AFFECTED BY SUCH VOIDABLE STOP AND/OR QUALIFIED ARREST.
   4. (A) ANY INDIVIDUAL WHO KNOWINGLY FAILS TO EXPUNGE OR OBLITERATE, OR
 WHO RELEASES INFORMATION ORDERED EXPUNGED, IS GUILTY OF A CLASS A MISDE-
 MEANOR.  AN  INDIVIDUAL, WHO, KNOWING THE RECORDS ARE EXPUNGED, USES THE
 INFORMATION FOR FINANCIAL GAIN, OR WILLFUL  DESTRUCTION  OF  A  PERSON'S
 CHARACTER IS GUILTY OF A CLASS D FELONY.
   (B)  A  PENALTY  OF THIRTY THOUSAND DOLLARS SHALL BE ASSESSED UPON THE
 NEW YORK CITY POLICE DEPARTMENT EVERY MONTH  SUCH  DEPARTMENT  FAILS  TO
 COMPLY  WITH  SUBDIVISION  FIVE  OF  THIS SECTION. SUCH PENALTY SHALL BE
 DEPOSITED IN THE INDIGENT LEGAL SERVICES FUND ESTABLISHED UNDER  SECTION
 NINETY-EIGHT-B OF THE STATE FINANCE LAW.
   (C)  SHOULD  THE DIVISION OF CRIMINAL JUSTICE SERVICES OR THE NEW YORK
 CITY POLICE DEPARTMENT NEGLIGENTLY DISSEMINATE ANY OFFICIAL  OR  UNOFFI-
 CIAL  RECORD  DESCRIBED UNDER SUBDIVISION TWO OF THIS SECTION, ANY INDI-
 VIDUAL ADVERSELY AFFECTED BY SUCH DISSEMINATION MAY, IN A  COURT  HAVING
 JURISDICTION,  BRING  A  CIVIL  ACTION  IN  WHICH A CIVIL PENALTY MAY BE
 ASSESSED UPON SUCH DIVISION OR DEPARTMENT.
   5. ALL EXPUNCTIONS, CERTIFICATIONS AND  NOTIFICATIONS  REQUIRED  UNDER
 THIS SECTION SHALL BE COMPLETED WITHIN ONE YEAR OF THE EFFECTIVE DATE OF
 THIS SECTION.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law; provided, however, that  effective  immediately,  the
 addition,  amendment  and/or  repeal of any rule or regulation necessary
 for the implementation of this act on its effective date are  authorized
 and directed to be made and completed on or before such effective date.