senate Bill S8165

2019-2020 Legislative Session

Relates to automatic expungement of certain criminal records; repealer

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 13, 2020 referred to codes

S8165 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Rpld §160.59, add §160.57, amd §1.20, CP L; amd §§837 & 296, Exec L
Versions Introduced in 2021-2022 Legislative Session:
S1553

S8165 (ACTIVE) - Summary

Relates to automatic expungement of certain criminal records.

S8165 (ACTIVE) - Sponsor Memo

S8165 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8165

                            I N  S E N A T E

                             April 13, 2020
                               ___________

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 expungement of certain criminal records; and to
  repeal certain provisions of the criminal procedure law relating ther-
  eto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  160.59 of the criminal procedure law is REPEALED
and a new section 160.57 is added to read as follows:
§ 160.57 AUTOMATIC EXPUNGEMENT OF CERTAIN CRIMINAL RECORDS.
  1. AS USED  IN  THIS  SECTION,  "ELIGIBLE  CONVICTION"  SHALL  MEAN  A
VIOLATION  OF  SUBDIVISION ONE OF SECTION ONE THOUSAND ONE HUNDRED NINE-
TY-TWO OF THE VEHICLE AND TRAFFIC LAW OR A VIOLATION OF SUBDIVISION  TWO
OF  SECTION  240.37 OF THE PENAL LAW OR ANY CRIME DEFINED IN THE LAWS OF
THIS STATE OTHER THAN A SEX OFFENSE DEFINED IN ARTICLE ONE HUNDRED THIR-
TY OF THE PENAL LAW, AN OFFENSE DEFINED IN ARTICLE  TWO  HUNDRED  SIXTY-
THREE  OF THE PENAL LAW, A FELONY OFFENSE DEFINED IN ARTICLE ONE HUNDRED
TWENTY-FIVE OF THE PENAL  LAW,  A  VIOLENT  FELONY  OFFENSE  DEFINED  IN
SECTION  70.02 OF THE PENAL LAW, A CLASS A FELONY OFFENSE DEFINED IN THE
PENAL LAW, A FELONY OFFENSE DEFINED IN ARTICLE ONE HUNDRED FIVE  OF  THE
PENAL  LAW  WHERE  THE UNDERLYING OFFENSE IS NOT AN ELIGIBLE OFFENSE, AN
ATTEMPT TO COMMIT AN OFFENSE THAT IS NOT  AN  ELIGIBLE  OFFENSE  IF  THE
ATTEMPT  IS  A  FELONY,  OR  AN  OFFENSE FOR WHICH REGISTRATION AS A SEX
OFFENDER IS REQUIRED PURSUANT TO ARTICLE 6-C OF THE CORRECTION LAW.  FOR
THE  PURPOSES OF THIS SECTION, WHERE THE INDIVIDUAL IS CONVICTED OF MORE
THAN ONE ELIGIBLE OFFENSE, COMMITTED AS PART OF THE SAME CRIMINAL TRANS-
ACTION AS DEFINED IN SUBDIVISION TWO OF SECTION 40.10 OF  THIS  CHAPTER,
THOSE OFFENSES SHALL BE CONSIDERED ONE ELIGIBLE OFFENSE.
  2.  FOR THE PURPOSES OF SUBDIVISION THREE OF THIS SECTION, AN ELIGIBLE
CONVICTION SHALL BE EXPUNGED:
  (A) WHEN AT LEAST THREE YEARS HAVE PASSED SINCE THE IMPOSITION OF  THE
SENTENCE  ON  THE  INDIVIDUAL'S  ELIGIBLE  CONVICTION  IF  THE  ELIGIBLE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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