Senate Bill S2278

2019-2020 Legislative Session

Relates to orders of adjournment in contemplation of dismissal and sealing of defendant records

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes 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-S2278 (ACTIVE) - Details

See Assembly Version of this Bill:
A1364
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§160.58, 170.55 & 170.56, CP L
Versions Introduced in Other Legislative Sessions:
2017-2018: S7188, A8798
2021-2022: S479, A90
2023-2024: S5161, A3697

2019-S2278 (ACTIVE) - Summary

Relates to orders of adjournment in contemplation of dismissal by mandating that judges seal certain records of defendants rather than giving judges discretion for such an action; and limits the total period of adjournment to 90 days.

2019-S2278 (ACTIVE) - Sponsor Memo

2019-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.
              

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