Assembly Bill A4718

2019-2020 Legislative Session

Repeals section 160.58 of the criminal procedure law which requires the sealing of the conviction records of persons who have completed a drug treatment program

download bill text pdf

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Archive: Last Bill Status - In Assembly 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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2019-A4718 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Executive Law
Laws Affected:
Rpld §160.58, CP L; amd §296, Exec L
Versions Introduced in Other Legislative Sessions:
2009-2010: A8911
2011-2012: A6067
2013-2014: A2277
2015-2016: A4157
2017-2018: A2334

2019-A4718 (ACTIVE) - Summary

Repeals provisions requiring the sealing of the conviction records of persons who have completed a judicial diversion program or a drug treatment alternative to prison.

2019-A4718 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4718
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 5, 2019
                                ___________
 
 Introduced  by  M.  of  A.  MALLIOTAKIS -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the  executive  law,  in  relation  to  inquiries  about
   certain sealed convictions; and to repeal section 160.58 of the crimi-
   nal   procedure   law  relating  to  conditional  sealing  of  certain
   controlled substances, marihuana or specified offense convictions
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 160.58 of the criminal procedure law is REPEALED.
   § 2. Subdivision 16 of section 296 of the executive law, as amended by
 section  48-a  of part WWW of chapter 59 of the laws of 2017, is amended
 to read as follows:
   16. It shall be an unlawful discriminatory  practice,  unless  specif-
 ically required or permitted by statute, for any person, agency, bureau,
 corporation or association, including the state and any political subdi-
 vision thereof, to make any inquiry about, whether in any form of appli-
 cation  or  otherwise,  or  to  act  upon  adversely  to  the individual
 involved, any arrest or criminal accusation of such individual not  then
 pending  against  that individual which was followed by a termination of
 that criminal action or proceeding  in  favor  of  such  individual,  as
 defined  in  subdivision two of section 160.50 of the criminal procedure
 law, or by a youthful offender adjudication, as defined  in  subdivision
 one  of section 720.35 of the criminal procedure law, or by a conviction
 for a violation sealed pursuant to section 160.55 of the criminal proce-
 dure law or by a conviction which is sealed pursuant to  section  160.59
 [or  160.58]  of  the  criminal  procedure  law,  in connection with the
 licensing, employment or providing of credit or insurance to such  indi-
 vidual;  provided,  further, that no person shall be required to divulge
 information pertaining to any arrest  or  criminal  accusation  of  such
 individual  not  then pending against that individual which was followed
 by a termination of that criminal action or proceeding in favor of  such
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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