assembly Bill A9540

2019-2020 Legislative Session

Enables prosecutors to access orders of protection issued in association with sealed prior domestic violence cases

download bill text pdf

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

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 24, 2020 referred to codes

A9540 (ACTIVE) - Details

See Senate Version of this Bill:
S7127
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§160.50 & 160.55, CP L
Versions Introduced in 2021-2022 Legislative Session:
A3422, S404

A9540 (ACTIVE) - Summary

Enables prosecutors to access orders of protection issued in association with sealed prior domestic violence cases if the offender commits a new domestic violence offense.

A9540 (ACTIVE) - Bill Text download pdf


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

                                  9540

                          I N  A S S E M B L Y

                            January 24, 2020
                               ___________

Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
  Committee on Codes

AN ACT to amend the criminal procedure law, in relation to sealed  prior
  domestic violence cases

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

  Section 1. Paragraph (d) of subdivision 1 of  section  160.50  of  the
criminal  procedure  law, as amended by chapter 449 of the laws of 2015,
is amended to read as follows:
  (d) such records shall be made available to the person accused  or  to
such  person's  designated  agent,  and shall be made available to (i) a
prosecutor in any proceeding in which the accused has moved for an order
pursuant to section 170.56 or 210.46 of this  chapter,  or  (ii)  a  law
enforcement  agency OR A PROSECUTOR upon ex parte motion in any superior
court, or in any district court, city court or the criminal court of the
city of New York provided that such court sealed  the  record,  if  such
agency  OR PROSECUTOR demonstrates to the satisfaction of the court that
justice requires that such records be made available to it, or (iii) any
state or local officer or agency with responsibility for the issuance of
licenses to possess guns, when the accused has made application for such
a license, or (iv) the New York  state  department  of  corrections  and
community  supervision  when  the  accused is on parole supervision as a
result of conditional release or a parole release  granted  by  the  New
York  state  board of parole, and the arrest which is the subject of the
inquiry is one which occurred while the accused was  under  such  super-
vision,  or  (v)  any  prospective employer of a police officer or peace
officer as those terms are  defined  in  subdivisions  thirty-three  and
thirty-four  of section 1.20 of this chapter, in relation to an applica-
tion for employment as a police  officer  or  peace  officer;  provided,
however,  that  every  person  who  is  an applicant for the position of
police officer or peace officer shall be furnished with a  copy  of  all
records  obtained  under  this  paragraph and afforded an opportunity to
make an explanation thereto, or (vi) the probation department  responsi-
ble  for supervision of the accused when the arrest which is the subject

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets