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 Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

2019-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 Other Legislative Sessions:
2021-2022: S1553
2023-2024: S211, S7551

2019-S8165 (ACTIVE) - Summary

Relates to automatic expungement of certain criminal records.

2019-S8165 (ACTIVE) - Sponsor Memo

2019-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.
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.