|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Apr 13, 2020||referred to codes|
senate Bill S8165
Archive: Last Bill Status - In Senate Committee Codes Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S8165 (ACTIVE) - Details
S8165 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8165 SPONSOR: MYRIE TITLE OF BILL: 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 thereto PURPOSE: To provide for the automatic expungement of certain criminal records. SUMMARY OF PROVISIONS: Section 1 repeals Section 160.59 of the criminal procedure law and adds a new section, 160.57. Subdivision 1 of Section 160.57 defines which offenses are deemed as "eligible offenses" for automatic expungement. Subdivision 2 sets the forth the conditions which an eligible offense must meet in order to be automatically expunged. Subdivision 3 sets forth the expungement procedure by which the commissioner of the divi-
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 Section 160.59 of the criminal procedure law is REPEALED and a new section 160.57 is added to read as follows: § 160.57 AUTOMATIC EXPUNGEMENT OF CERTAIN CRIMINAL RECORDS. 1.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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