Senate Bill S6176A

2019-2020 Legislative Session

Relates to automatic sealing of certain misdemeanor 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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Bill Amendments

2019-S6176 - Details

See Assembly Version of this Bill:
A8455
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add §160.57, CP L; amd §837, Exec L
Versions Introduced in Other Legislative Sessions:
2021-2022: S335
2023-2024: S2403

2019-S6176 - Summary

Requires automatic sealing of certain misdemeanor records; provides exceptions thereto; requires the division of criminal justice services to publish statistics on automatic sealing of certain records.

2019-S6176 - Sponsor Memo

2019-S6176 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6176
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 21, 2019
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the criminal procedure law and  the  executive  law,  in
   relation to automatic sealing of certain misdemeanor records
 
   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 160.57 to read as follows:
 § 160.57 AUTOMATIC SEALING OF CERTAIN MISDEMEANOR RECORDS.
   1.  AS  USED IN THIS SECTION, "ELIGIBLE OFFENSE" SHALL MEAN ANY MISDE-
 MEANOR CRIME DEFINED IN THE LAWS OF THIS STATE OTHER THAN A SEX  OFFENSE
 DEFINED  IN  ARTICLE ONE HUNDRED  THIRTY OF THE PENAL LAW, OR AN OFFENSE
 FOR WHICH REGISTRATION AS A SEX OFFENDER IS REQUIRED PURSUANT TO ARTICLE
 SIX-C OF THE CORRECTION LAW. FOR THE PURPOSES OF THIS SECTION, WHERE  AN
 INDIVIDUAL  IS  CONVICTED OF MORE THAN ONE ELIGIBLE OFFENSE COMMITTED AS
 PART OF THE SAME  CRIMINAL TRANSACTION AS DEFINED IN SUBDIVISION TWO  OF
 SECTION  40.10  OF  THIS CHAPTER, SUCH  OFFENSES SHALL BE CONSIDERED ONE
 ELIGIBLE OFFENSE.
   2. WHERE AN INDIVIDUAL HAS BEEN CONVICTED IN NEW YORK STATE OF NO MORE
 THAN TWO ELIGIBLE OFFENSES AND TEN YEARS HAVE PASSED SINCE  THE  IMPOSI-
 TION  OF  THE SENTENCE ON AN  INDIVIDUAL'S LATEST CRIMINAL CONVICTION IN
 NEW YORK STATE, OR WHERE SUCH INDIVIDUAL WAS SENTENCED TO  A  PERIOD  OF
 INCARCERATION  FOR  SUCH  OFFENSE,  INCLUDING  A PERIOD OF INCARCERATION
 IMPOSED IN CONJUNCTION WITH A SENTENCE OF PROBATION, UPON SUCH  INDIVID-
 UAL'S RELEASE FROM INCARCERATION, ALL OFFICIAL RECORDS AND PAPERS RELAT-
 ING  TO  THE  ARRESTS,  PROSECUTIONS,  AND CONVICTIONS OF SUCH OFFENSES,
 INCLUDING ALL DUPLICATES AND COPIES THEREOF ON FILE WITH THE DIVISION OF
 CRIMINAL JUSTICE SERVICES OR ANY COURT, SHALL BE  SEALED  AND  NOT  MADE
 AVAILABLE  TO  ANY PERSON OR PUBLIC OR PRIVATE AGENCY EXCEPT AS PROVIDED
 IN SUBDIVISION FOUR OF THIS   SECTION; PROVIDED, HOWEVER,  THE  DIVISION
 SHALL  RETAIN  ANY FINGERPRINTS, PALMPRINTS AND  PHOTOGRAPHS, OR DIGITAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

2019-S6176A (ACTIVE) - Details

See Assembly Version of this Bill:
A8455
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add §160.57, CP L; amd §837, Exec L
Versions Introduced in Other Legislative Sessions:
2021-2022: S335
2023-2024: S2403

2019-S6176A (ACTIVE) - Summary

Requires automatic sealing of certain misdemeanor records; provides exceptions thereto; requires the division of criminal justice services to publish statistics on automatic sealing of certain records.

2019-S6176A (ACTIVE) - Sponsor Memo

2019-S6176A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6176--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 21, 2019
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- 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 and the executive law, in
   relation to automatic sealing of certain misdemeanor records
 
   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 160.57 to read as follows:
 § 160.57 AUTOMATIC SEALING OF CERTAIN MISDEMEANOR RECORDS.
   1. AS USED IN THIS SECTION, "ELIGIBLE OFFENSE" SHALL MEAN  ANY  MISDE-
 MEANOR  CRIME DEFINED IN THE LAWS OF THIS STATE OTHER THAN A SEX OFFENSE
 DEFINED IN ARTICLE ONE HUNDRED  THIRTY OF THE PENAL LAW, OR  AN  OFFENSE
 FOR WHICH REGISTRATION AS A SEX OFFENDER IS REQUIRED PURSUANT TO ARTICLE
 SIX-C  OF THE CORRECTION LAW. FOR THE PURPOSES OF THIS SECTION, WHERE AN
 INDIVIDUAL IS CONVICTED OF MORE THAN ONE ELIGIBLE OFFENSE  COMMITTED  AS
 PART  OF THE SAME  CRIMINAL TRANSACTION AS DEFINED IN SUBDIVISION TWO OF
 SECTION 40.10 OF THIS CHAPTER, SUCH   OFFENSES SHALL BE  CONSIDERED  ONE
 ELIGIBLE OFFENSE.
   2. WHERE AN INDIVIDUAL HAS BEEN CONVICTED IN NEW YORK STATE OF NO MORE
 THAN  TWO  ELIGIBLE OFFENSES AND TEN YEARS HAVE PASSED SINCE THE IMPOSI-
 TION OF THE SENTENCE ON AN  INDIVIDUAL'S LATEST CRIMINAL  CONVICTION  IN
 NEW YORK STATE, ALL OFFICIAL RECORDS AND PAPERS RELATING TO THE ARRESTS,
 PROSECUTIONS, AND CONVICTIONS OF SUCH OFFENSES, INCLUDING ALL DUPLICATES
 AND  COPIES  THEREOF  ON  FILE  WITH  THE  DIVISION  OF CRIMINAL JUSTICE
 SERVICES OR ANY COURT, SHALL BE SEALED AND NOT MADE AVAILABLE  TO    ANY
 PERSON  OR  PUBLIC  OR  PRIVATE AGENCY EXCEPT AS PROVIDED IN SUBDIVISION
 FOUR OF THIS  SECTION; PROVIDED, HOWEVER, THE DIVISION SHALL RETAIN  ANY
 FINGERPRINTS,  PALMPRINTS  AND    PHOTOGRAPHS,  OR DIGITAL IMAGES OF THE
 SAME. THE COMMISSIONER OF THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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