Assembly Actions -
Senate Actions - UPPERCASE
|Jul 29, 2019
delivered to governor
|Jun 20, 2019
returned to senate
message of necessity - 3 day message
ordered to third reading rules cal.698
substituted for a8432
referred to ways and means
delivered to assembly
message of necessity - 3 day message
ordered to third reading cal.1844
referred to rules
Senate Bill S6614Signed By Governor
2019-2020 Legislative Session
Archive: Last Bill Status - Signed by Governor
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2019-S6614 (ACTIVE) - Details
- See Assembly Version of this Bill:
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Rpld & add §440.10 sub 1 ¶(k), amd §160.50, CP L (as proposed in S.6579-A & A.8420-A)
2019-S6614 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6614 SPONSOR: BAILEY TITLE OF BILL: An act to amend the criminal procedure law, in relation to vacating records for certain proceedings; and to repeal certain provisions of such law relating thereto PURPOSE: This is a chapter amendment that makes clarifying and technical changes to provisions of a chapter of the laws of 2019 establishing procedures for vacating and expunging certain convictions. SUMMARY OF PROVISIONS: Section 1 of the chapter amendment amends the criminal procedure law to clarify the process for vacating a past conviction when there are severe or ongoing consequences. Section 2 of the chapter amendment makes clarifying changes to the crim- inal procedure law regarding expungement of records.
2019-S6614 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6614 2019-2020 Regular Sessions I N S E N A T E June 20, 2019 ___________ Introduced by Sen. BAILEY -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the criminal procedure law, in relation to vacating records for certain proceedings; and to repeal certain provisions of such law relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (k) of subdivision 1 of section 440.10 of the criminal procedure law, as added by a chapter of the laws of 2019, amending the penal law and the criminal procedure law relating to vacat- ing records for certain proceedings, as proposed in legislative bills numbers S. 6579-A and A. 8420-A, is REPEALED and a new paragraph (k) is added to read as follows: (K) THE JUDGMENT OCCURRED PRIOR TO THE EFFECTIVE DATE OF THIS PARA- GRAPH AND IS A CONVICTION FOR AN OFFENSE AS DEFINED IN SUBPARAGRAPH (I) OR (II) OF PARAGRAPH (K) OF SUBDIVISION THREE OF SECTION 160.50 OF THIS PART, IN WHICH CASE THE COURT SHALL PRESUME THAT A CONVICTION BY PLEA FOR THE AFOREMENTIONED OFFENSES WAS NOT KNOWING, VOLUNTARY AND INTELLI- GENT IF IT HAS SEVERE OR ONGOING CONSEQUENCES, INCLUDING BUT NOT LIMITED TO POTENTIAL OR ACTUAL IMMIGRATION CONSEQUENCES, AND SHALL PRESUME THAT A CONVICTION BY VERDICT FOR THE AFOREMENTIONED OFFENSES CONSTITUTES CRUEL AND UNUSUAL PUNISHMENT UNDER SECTION FIVE OF ARTICLE ONE OF THE STATE CONSTITUTION, BASED ON THOSE CONSEQUENCES. THE PEOPLE MAY REBUT THESE PRESUMPTIONS. § 2. Paragraph (k) of subdivision 3 of section 160.50 of the criminal procedure law, as amended by a chapter of the laws of 2019, amending the penal law and the criminal procedure law relating to vacating records for certain proceedings, as proposed in legislative bills numbers S. 6579-A and A. 8420-A, is amended to read as follows: (k) (I) The [accusatory instrument alleged] CONVICTION WAS FOR a violation of[: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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