Senate Bill S3052A

2019-2020 Legislative Session

Relates to expungement of records for certain juveniles convicted of a nonviolent offense after seven years

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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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Bill Amendments

2019-S3052 - Details

See Assembly Version of this Bill:
A8907
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add §440.75, CP L
Versions Introduced in Other Legislative Sessions:
2015-2016: S4453
2017-2018: S4705
2021-2022: S3418, A5164
2023-2024: S4825, A3785

2019-S3052 - Summary

Relates to expungement of records for certain juveniles convicted of a nonviolent offense after seven years and satisfactory completion of his or her probation, parole, supervised release and payment of any fines imposed or restitution ordered, whichever is later.

2019-S3052 - Sponsor Memo

2019-S3052 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3052
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2019
                                ___________
 
 Introduced  by  Sen. SANDERS -- 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  expungement
   of  records  for  certain  juveniles convicted of a nonviolent offense
   after seven years

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  criminal  procedure  law  is amended by adding a new
 section 440.75 to read as follows:
 § 440.75 PETITION FOR  EXPUNGEMENT  OF  RECORDS  FOR  CERTAIN  JUVENILES
            CONVICTED OF A NONVIOLENT OFFENSE.
   1.  ANY  PERSON  WHO  HAS BEEN PREVIOUSLY CONVICTED AS A JUVENILE OF A
 NONVIOLENT OFFENSE, PROVIDED THAT AN ELIGIBLE OFFENSE SHALL NOT  INCLUDE
 ANY  SEX OFFENSE AS DEFINED UNDER SUBDIVISION TWO OF SECTION ONE HUNDRED
 SIXTY-EIGHT-A OF THE CORRECTION LAW, SHALL AFTER  THE  EXPIRATION  OF  A
 PERIOD  OF  SEVEN YEARS FROM THE DATE OF HIS OR HER PREVIOUS CONVICTION,
 SATISFACTORY COMPLETION OF HIS  OR  HER  PROBATION,  PAROLE,  SUPERVISED
 RELEASE  AND PAYMENT OF ANY FINES IMPOSED OR RESTITUTION ORDERED, WHICH-
 EVER IS LATER, HAVE ALL RECORDS AND INFORMATION PERTAINING TO HIS OR HER
 CONVICTION EXPUNGED.
   2. FOR THE PURPOSE OF THIS SECTION THE TERM "JUVENILE"  SHALL  MEAN  A
 PERSON BETWEEN THE AGES OF SEVEN AND EIGHTEEN YEARS OF AGE.
   §  2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09165-01-9



              

2019-S3052A (ACTIVE) - Details

See Assembly Version of this Bill:
A8907
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add §440.75, CP L
Versions Introduced in Other Legislative Sessions:
2015-2016: S4453
2017-2018: S4705
2021-2022: S3418, A5164
2023-2024: S4825, A3785

2019-S3052A (ACTIVE) - Summary

Relates to expungement of records for certain juveniles convicted of a nonviolent offense after seven years and satisfactory completion of his or her probation, parole, supervised release and payment of any fines imposed or restitution ordered, whichever is later.

2019-S3052A (ACTIVE) - Sponsor Memo

2019-S3052A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3052--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2019
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Codes  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to amend the criminal procedure law, in relation to expungement
   of records for certain juveniles convicted  of  a  nonviolent  offense
   after seven years
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The criminal procedure law  is  amended  by  adding  a  new
 section 440.75 to read as follows:
 § 440.75 PETITION  FOR  EXPUNGEMENT  OF  RECORDS  FOR  CERTAIN JUVENILES
            CONVICTED OF A NONVIOLENT OFFENSE.
   1. ANY PERSON WHO HAS BEEN PREVIOUSLY CONVICTED AS  A  JUVENILE  OF  A
 NONVIOLENT  OFFENSE, PROVIDED THAT AN ELIGIBLE OFFENSE SHALL NOT INCLUDE
 ANY SEX OFFENSE AS DEFINED UNDER SUBDIVISION TWO OF SECTION ONE  HUNDRED
 SIXTY-EIGHT-A  OF  THE  CORRECTION  LAW, SHALL AFTER THE EXPIRATION OF A
 PERIOD OF SEVEN YEARS FROM THE DATE OF HIS OR HER  PREVIOUS  CONVICTION,
 SATISFACTORY  COMPLETION  OF  HIS  OR  HER PROBATION, PAROLE, SUPERVISED
 RELEASE AND PAYMENT OF ANY FINES IMPOSED OR RESTITUTION ORDERED,  WHICH-
 EVER IS LATER, HAVE ALL RECORDS AND INFORMATION PERTAINING TO HIS OR HER
 CONVICTION  EXPUNGED  PURSUANT TO SUBDIVISION FORTY-FIVE OF SECTION 1.20
 OF THIS CHAPTER.
   2. FOR THE PURPOSE OF THIS SECTION THE TERM "JUVENILE"  SHALL  MEAN  A
 PERSON BETWEEN THE AGES OF SEVEN AND EIGHTEEN YEARS OF AGE.
   §  2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09165-02-9



              

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