Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Oct 07, 2019 |
signed chap.359 |
Oct 01, 2019 |
delivered to governor |
Jun 18, 2019 |
returned to assembly passed senate 3rd reading cal.1527 substituted for s6347 |
Jun 18, 2019 |
substituted by a7584 ordered to third reading cal.1527 |
Jun 06, 2019 |
referred to rules |
Senate Bill S6347
Signed By Governor2019-2020 Legislative Session
Sponsored By
(D) 36th Senate District
Archive: Last Bill Status Via A7584 - Signed by Governor
- 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
Actions
Votes
co-Sponsors
(D) 16th Senate District
2019-S6347 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7584
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §160.55, CP L
2019-S6347 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6347 SPONSOR: BAILEY TITLE OF BILL: An act to amend the criminal procedure law, in relation to sealing petty offenses This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of his Advisory Committee on Criminal Law and Procedure. This measure would amend section 160.55 of the Criminal Procedure Law to clarify that cases that result in a conviction only for a petty offense fall within the meaning of that statute regardless of the original arrest charge. There is an unusual and unintended anomaly in how executive agencies apply the sealing provisions of CPL 160.55 to convictions where the original arrest charge is a petty offense (e.g., a traffic infraction or violation offense), as distinguished from cases where the original arrest charge is a misdemeanor or felony but later ends only in a conviction for a petty offense. To understand how this anomaly has aris- en, it is necessary to understand the history of the statute, which, in relevant part, currently provides that
2019-S6347 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6347 2019-2020 Regular Sessions I N S E N A T E June 6, 2019 ___________ Introduced by Sen. BAILEY -- (at request of the Office of Court Adminis- tration) -- 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 sealing petty offenses THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The opening paragraph of subdivision 1 of section 160.55 of the criminal procedure law, as amended by chapter 169 of the laws of 1994, is amended to read as follows: [Upon] REGARDLESS OF THE CLASS OF OFFENSE FOR WHICH A PERSON IS INITIALLY CHARGED, UPON the termination of a criminal action or proceed- ing against a person by the conviction of such person of a traffic infraction or a violation, other than a violation of loitering as described in paragraph (d) [or (e)] of subdivision one of section 160.10 of this [chapter] ARTICLE or the violation of operating a motor vehicle while ability impaired as described in subdivision one of section eleven hundred ninety-two of the vehicle and traffic law, unless the district attorney upon motion with not less than five [days] DAYS' notice to such person or his or her attorney demonstrates to the satisfaction of the court that the interests of justice require otherwise, or the court on its own motion with not less than five [days] DAYS' notice to such person or his or her attorney determines that the interests of justice require otherwise and states the reasons for such determination on the record, the clerk of the court wherein such criminal action or proceed- ing was terminated shall immediately notify the commissioner of the division of criminal justice services and the heads of all appropriate police departments and other law enforcement agencies that the action has been terminated by such conviction. Upon receipt of notification of such termination: § 2. This act shall take effect on the ninetieth day after it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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