assembly Bill A933

2019-2020 Legislative Session

Relates to sealing records for certain proceedings

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Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to codes
Jan 14, 2019 referred to codes

Co-Sponsors

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Multi-Sponsors

A933 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §221.05, Pen L; amd §160.50, CP L
Versions Introduced in Other Legislative Sessions:
2015-2016: A10092
2017-2018: A2142

A933 (ACTIVE) - Summary

Relates to sealing records for certain proceedings that terminate in favor of the accused where the charges relate to the possession of marihuana.

A933 (ACTIVE) - Bill Text download pdf


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

                                   933

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 14, 2019
                               ___________

Introduced by M. of A. PEOPLES-STOKES, CRESPO, ZEBROWSKI, BARRON, BLAKE,
  JAFFEE,   DE LA ROSA,   L. ROSENTHAL,  HYNDMAN,  JEAN-PIERRE,  MOSLEY,
  TAYLOR, WALKER, LUPARDO, SIMON, WRIGHT -- Multi-Sponsored by -- M.  of
  A. RAMOS -- read once and referred to the Committee on Codes

AN  ACT  to  amend  the  penal  law  and  the criminal procedure law, in
  relation to sealing records for certain proceedings

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 221.05 of the penal law, as added by chapter 360 of
the laws of 1977, is amended to read as follows:
§ 221.05 Unlawful possession of marihuana.
  A  person  is guilty of unlawful possession of marihuana when he know-
ingly and unlawfully possesses marihuana.
  Unlawful possession of marihuana is a violation punishable only  by  a
fine  of not more than one hundred dollars. However, where the defendant
has previously been convicted of [an offense] A CRIME  defined  in  this
article,  EXCEPT  A  CRIME  DEFINED  IN  SECTION  221.10 OF THIS ARTICLE
PROVIDED, HOWEVER, THAT THE RECORD OF SUCH CONVICTION  DOES  NOT  DEMON-
STRATE  A  CONVICTION  UNDER  SUBDIVISION TWO OF SUCH SECTION 221.10, or
article 220 of this chapter, committed within the three years immediate-
ly preceding such violation, it shall be punishable (a) only by  a  fine
of  not  more  than two hundred dollars, if the defendant was previously
convicted of one such offense committed during such period, and (b) by a
fine of not more than two hundred fifty dollars or a term  of  imprison-
ment  not in excess of fifteen days or both, if the defendant was previ-
ously convicted of two such offenses committed during such period.
  § 2. Paragraph (k) of subdivision 3 of section 160.50 of the  criminal
procedure law, as added by chapter 835 of the laws of 1977 and as relet-
tered by chapter 192 of the laws of 1980, is amended to read as follows:
  (k)  (i)  The accusatory instrument alleged a violation of article two
hundred twenty or section 240.36 of the penal law, prior to  the  taking

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