|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2020||referred to codes|
|Jan 23, 2019||referred to codes|
senate Bill S2278
Archive: Last Bill Status - In Senate Committee Codes Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S2278 (ACTIVE) - Details
S2278 (ACTIVE) - Sponsor Memo
BILL NUMBER: S2278 SPONSOR: HOYLMAN TITLE OF BILL: An act to amend the criminal procedure law, in relation to orders of adjournment in contemplation of dismissal and sealing of defendant records PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to substantially reduce the probationary period of an ACD, an to expand the sealing of records of criminal defendants during the ACD probationary period. SUMMARY OF SPECIFIC PROVISIONS: Section 1 mandates the sealing of records for criminal defendants charged with specific offenses who have successfully completed a judi- cially sanctioned drug treatment program.
S2278 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2278 2019-2020 Regular Sessions I N S E N A T E January 23, 2019 ___________ Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to orders of adjournment in contemplation of dismissal and sealing of defendant records THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 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, is amended to read as follows: 1. A defendant convicted of any offense defined in article two hundred twenty or two hundred twenty-one of the penal law or a specified offense defined in subdivision five of section 410.91 of this chapter who has successfully completed a judicial diversion program under article two hundred sixteen of this chapter, or one of the programs heretofore known as drug treatment alternative to prison or another judicially sanctioned drug treatment program of similar duration, requirements and level of supervision, and has completed the sentence imposed for the offense or offenses, [is eligible to] SHALL have such offense or offenses sealed pursuant to this section. § 2. Subdivision 2 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, is amended to read as follows: 2. The court that sentenced the defendant to a judicially sanctioned drug treatment program [may on its own motion, or on the defendant's motion,] SHALL order that all official records and papers relating to the arrest, prosecution and conviction which resulted in the defendant's participation in the judicially sanctioned drug treatment program be conditionally sealed. In such case, the court may also conditionally seal the arrest, prosecution and conviction records for no more than [three] FIVE of the defendant's prior [eligible] misdemeanors, [which EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.
By contributing or voting you agree to the Terms of Participation and verify you are over 13.