Assembly Bill A7670

2019-2020 Legislative Session

Relates to the sealing of law enforcement records

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary 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-A7670 (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§160.58 & 160.59, CP L

2019-A7670 (ACTIVE) - Summary

Relates to the sealing of law enforcement records.

2019-A7670 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7670
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 14, 2019
                                ___________
 
 Introduced  by  M. of A. PRETLOW, LENTOL -- (at request of the Office of
   Court Administration) -- read once and referred to  the  Committee  on
   Codes
 
 AN  ACT  to amend the criminal procedure law, in relation to the sealing
   of law enforcement records
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions  4  and  5 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, are amended to read as follows:
   4.  When a court orders sealing pursuant to this section, all official
 records and papers, INCLUDING JUDGMENTS AND ORDERS OF A  COURT  BUT  NOT
 INCLUDING PUBLISHED COURT DECISIONS OR OPINIONS OR RECORDS AND BRIEFS ON
 APPEAL,  relating to the arrests, prosecutions, and convictions, includ-
 ing all duplicates and copies thereof, on  file  with  the  division  of
 criminal  justice  services or any court, POLICE AGENCY, OR PROSECUTOR'S
 OFFICE, shall be sealed and not made available to any person  or  public
 or  private  agency;  provided,  however,  the division shall retain any
 fingerprints, palmprints and photographs, or digital images of the same.
   5. When the court orders sealing pursuant to this section,  the  clerk
 of  such court shall immediately notify the commissioner of the division
 of criminal justice  services,  THE  HEADS  OF  ALL  APPROPRIATE  POLICE
 DEPARTMENTS  AND  OTHER  LAW  ENFORCEMENT  AGENCIES,  and any court that
 sentenced the defendant for an  offense  which  has  been  conditionally
 sealed,  regarding  the  records  that  shall be sealed pursuant to this
 section.
   § 2. Subdivision 8 of section 160.59 of the criminal procedure law, as
 added by section 48 of part WWW of chapter 59 of the laws  of  2017,  is
 amended to read as follows:
   8.  When  a sentencing judge or county or supreme court orders sealing
 pursuant to this section, all official  records  and  papers,  INCLUDING

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

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