The New York State Senate

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

                                  9540

                          I N  A S S E M B L Y

                            January 24, 2020
                               ___________

Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
  Committee on Codes

AN ACT to amend the criminal procedure law, in relation to sealed  prior
  domestic violence cases

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

  Section 1. Paragraph (d) of subdivision 1 of  section  160.50  of  the
criminal  procedure  law, as amended by chapter 449 of the laws of 2015,
is amended to read as follows:
  (d) such records shall be made available to the person accused  or  to
such  person's  designated  agent,  and shall be made available to (i) a
prosecutor in any proceeding in which the accused has moved for an order
pursuant to section 170.56 or 210.46 of this  chapter,  or  (ii)  a  law
enforcement  agency OR A PROSECUTOR upon ex parte motion in any superior
court, or in any district court, city court or the criminal court of the
city of New York provided that such court sealed  the  record,  if  such
agency  OR PROSECUTOR demonstrates to the satisfaction of the court that
justice requires that such records be made available to it, or (iii) any
state or local officer or agency with responsibility for the issuance of
licenses to possess guns, when the accused has made application for such
a license, or (iv) the New York  state  department  of  corrections  and
community  supervision  when  the  accused is on parole supervision as a
result of conditional release or a parole release  granted  by  the  New
York  state  board of parole, and the arrest which is the subject of the
inquiry is one which occurred while the accused was  under  such  super-
vision,  or  (v)  any  prospective employer of a police officer or peace
officer as those terms are  defined  in  subdivisions  thirty-three  and
thirty-four  of section 1.20 of this chapter, in relation to an applica-
tion for employment as a police  officer  or  peace  officer;  provided,
however,  that  every  person  who  is  an applicant for the position of
police officer or peace officer shall be furnished with a  copy  of  all
records  obtained  under  this  paragraph and afforded an opportunity to
make an explanation thereto, or (vi) the probation department  responsi-
ble  for supervision of the accused when the arrest which is the subject

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD14281-01-9

A. 9540                             2

of the inquiry is one which occurred while the accused  was  under  such
supervision; and
  §  2. Paragraph (d) of subdivision 1 of section 160.55 of the criminal
procedure law, as amended by chapter 449 of the laws of 2015, is amended
to read as follows:
  (d) the records referred to in paragraph (c) of this subdivision shall
be made available to the person accused or to such  person's  designated
agent, and shall be made available to (i) a prosecutor in any proceeding
in  which  the accused has moved for an order pursuant to section 170.56
or 210.46 of this chapter, or (ii) a law enforcement agency OR A  PROSE-
CUTOR  upon  ex  parte  motion in any superior court, or in any district
court, city court or the criminal court of the city of New York provided
that such court sealed the record, if such agency OR  PROSECUTOR  demon-
strates to the satisfaction of the court that justice requires that such
records  be made available to it, or (iii) any state or local officer or
agency with responsibility for the issuance of licenses to possess guns,
when the accused has made application for such a license,  or  (iv)  the
New  York state department of corrections and community supervision when
the accused is under parole  supervision  as  a  result  of  conditional
release  or parole release granted by the New York state board of parole
and the arrest which is the subject of the inquiry is one which occurred
while the accused was under  such  supervision,  or  (v)  the  probation
department  responsible  for  supervision of the accused when the arrest
which is the subject of the inquiry is  one  which  occurred  while  the
accused  was  under such supervision, or (vi) a police agency, probation
department, sheriff's office, district attorney's office, department  of
correction  of  any municipality and parole department, for law enforce-
ment purposes, upon arrest in instances in which the  individual  stands
convicted  of  harassment  in  the  second degree, as defined in section
240.26 of the penal law, committed against a member of the  same  family
or  household as the defendant, as defined in subdivision one of section
530.11 of this chapter, and determined pursuant to  subdivision  eight-a
of section 170.10 of this title; and
  § 3. This act shall take effect immediately.