NY State Senate Bill S6579A

Archive: Last Bill Status - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (13)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 29, 2019	signed chap.131 delivered to governor
Jun 20, 2019	returned to senate passed assembly ordered to third reading rules cal.669 substituted for a8420a referred to codes delivered to assembly passed senate ordered to third reading cal.1839
Jun 17, 2019	print number 6579a
Jun 17, 2019	amend and recommit to rules
Jun 16, 2019	referred to rules

Votes

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S6579 - Details

See Assembly Version of this Bill:: A8420
Law Section:: Penal Law
Laws Affected:: Amd §§221.05 & 221.10, Pen L; amd §§1.20, 440.10 & 160.50, CP L; amd §1399-n, Pub Health L

S6579 - Summary

Provides for vacating records for certain proceedings and modifies the definition of smoking.

S6579 - Sponsor Memo

 
BILL NUMBER: S6579

SPONSOR: BAILEY
 
TITLE OF BILL:  An act to amend the penal law and the criminal proce-
dure law, in relation to vacating records for certain proceedings; and
to amend the public health law, in relation to the definition of smoking

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to make New York penal law fairer and more
equitable in the administration of marihuana enforcement, and avoid the
disparate racial and ethnic impact seen in current marihuana enforce-
ment.

 
SUMMARY OF PROVISIONS:

Section one reduces the penalty for unlawful possession of marihuana.

Section two amends the definition of criminal possession of marihuana in
the fifth degree.

Section three allows for the vacatur of certain previous marihuana
convictions.

Section four makes conforming changes.

Section five modifies automatic sealing provisions.

Section six allows for the expungement of records.

Section seven establishes procedures for the expungement of records.

Section eight repeals subdivision 4 of section 160.50 of the criminal
procedure law and establishes new subdivisions 4, 5, 6 and 7, and
requires the immediate expungement of records when a criminal action or
proceeding is terminated in favor of the defendant.

Section nine establishes that the definition of "smoking" under the
public health law includes the smoking of marihuana.

Section ten establishes the effective date.

 
JUSTIFICATION:

Since 1977, possession of small amounts of marijuana (23 grams or less)
has been decriminalized" in New York State. It is a violation punishable
by a fine, not a misdemeanor that leads to arrest.

In decriminalizing marijuana, the intent was clear: "The legislature
finds that arrests, criminal prosecutions and criminal penalties are
inappropriate for people MI6 possess small quantities of marihuana for
personal use. Every year, this process needlessly scars thousands of
lives and wastes millions of dollars in law enforcement resources, while
detracting from the prosecution of serious crime."  (Chapter 360, Laws
of 1977)

But 35 years later, in 2012, more than 44,600 people in New York State
were arrested and charged for a misdemeanor crime for possessing small

amounts of marijuana for personal use, if it was said to be "in public
view" or "burning."

Of the 16,590 people arrested in New York City in 2015 for possessing
small amounts of marijuana, nearly 88 percent were black or Latino.
These severe disparities are alarming and indefensible when considering
that data from the Substance Abuse and Mental Health Services Adminis-
tration of the U.S. government consistently shows that young white men
are far more likely to possess and use marijuana than non-whites. In
other words, in New York, possessing small amounts of marijuana is
largely decriminalized for people who are white, and vastly more likely
to be criminalized for people who are black or Latino.

The consequences of New York's inequitable decriminalization are severe.
Today, nearly 600,000 New Yorkers are saddled with an arrest record for
possessing small amounts of marijuana, the overwhelming majority of whom
are black or Latino. According to the National Employment Law Project,
these arrest records can follow a person for the rest of one's life and
impact the ability to access banking services, schools, jobs, housing,
certain licensing, and also have immigration consequences. In addition,
according to research by the ACLU and Queens College sociologist Harry
Levine, the costs associated with these arrests total hundreds of
millions of dollars to taxpayers every year.

This bill addresses the disparate racial and ethnic impact that existing
law has had by more fairly decriminalizing possession of small amounts
of marijuana. It also creates a process for those who have been arrested
for possessing amounts of marijuana to have their records expunged or
vacated.

 
PRIOR LEGISLATIVE HISTORY:

2019: New bill

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become law.

S6579 - Bill Text download pdf


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

                                  6579

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              June 16, 2019
                               ___________

Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
  relation to vacating records for certain proceedings; and to amend the
  public health law, in relation to the definition of smoking

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

  Section 1. Section 221.05 of the penal law, as added by chapter 360 of
the laws of 1977, is amended to read as follows:
§ 221.05 Unlawful possession of marihuana.
  A person is guilty of unlawful possession of marihuana when  he  know-
ingly and unlawfully possesses marihuana.
  Unlawful  possession  of marihuana is a violation punishable only by a
fine of not more than [one hundred] FIFTY dollars. [However,  where  the
defendant  has  previously  been convicted of an offense defined in this
article or article 220 of this chapter, committed within the three years
immediately preceding such violation, it shall be punishable (a) only by
a fine of not more than two hundred dollars, if the defendant was previ-
ously convicted of one such offense committed during  such  period,  and
(b)  by  a  fine of not more than two hundred fifty dollars or a term of
imprisonment not in excess of fifteen days or both, if the defendant was
previously convicted of two such offenses committed during such period.]
  § 2. Section 221.10 of the penal law, as amended by chapter 265 of the
laws of 1979 and subdivision 2 as amended by chapter 75 of the  laws  of
1995, is amended to read as follows:
§ 221.10 Criminal possession of marihuana in the fifth degree.
  A  person  is  guilty of criminal possession of marihuana in the fifth
degree when he knowingly and unlawfully possesses[:
  1. marihuana in a public place, as defined in section 240.00  of  this
chapter, and such marihuana is burning or open to public view; or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13421-02-9

S. 6579                             2

  2.]  one  or  more  preparations,  compounds,  mixtures  or substances
containing  marihuana  and  the  preparations,  compounds,  mixtures  or
substances  are  of an aggregate weight of more than [twenty-five grams]
ONE OUNCE.
  Criminal  possession  of  marihuana  in  the fifth degree is a class B
misdemeanor.
  § 3. Subparagraph (ii) of paragraph (i) and paragraph (j) of  subdivi-
sion  1  of  section  440.10 of the criminal procedure law, subparagraph
(ii) of paragraph (i) as amended by section 3 of part OO of  chapter  55
of  the  laws of 2019, paragraph (j) as amended by section 2 of part MMM
of chapter 59 of the laws of 2019, are amended and a new  paragraph  (k)
is added to read as follows:
  (ii)  official  documentation of the defendant's status as a victim of
trafficking, compelling prostitution or trafficking in  persons  at  the
time  of  the  offense  from a federal, state or local government agency
shall create a presumption that the  defendant's  participation  in  the
offense was a result of having been a victim of sex trafficking, compel-
ling  prostitution  or trafficking in persons, but shall not be required
for granting a motion under this paragraph; [or]
  (j) The judgment is a conviction for a class A or unclassified  misde-
meanor  entered prior to the effective date of this paragraph and satis-
fies the ground prescribed in paragraph (h) of this subdivision.   There
shall  be  a rebuttable presumption that a conviction by plea to such an
offense was not knowing, voluntary and  intelligent,  based  on  ongoing
collateral  consequences,  including  potential  or  actual  immigration
consequences, and  there  shall  be  a  rebuttable  presumption  that  a
conviction  by  verdict  constitutes  cruel and unusual punishment under
section five of article one of the  state  constitution  based  on  such
consequences[.]; OR
  (K)  THE  JUDGMENT  OCCURRED PRIOR TO THE EFFECTIVE DATE OF THIS PARA-
GRAPH AND IS A CONVICTION FOR AN OFFENSE AS DEFINED BY SECTION 221.05 OR
221.10 OF THE PENAL LAW AS IN EFFECT PRIOR TO THE EFFECTIVE DATE OF THIS
PARAGRAPH IN WHICH CASE THE COURT SHALL GRANT THE MOTION.
  § 4. Subdivision 6 of section 440.10 of the criminal procedure law, as
added by chapter 332 of the laws of 2010, is amended to read as follows:
  6. If the court grants a motion under paragraph (i) OR  PARAGRAPH  (K)
of  subdivision  one  of  this  section, it must vacate the judgment and
dismiss the accusatory instrument, and may take such  additional  action
as is appropriate in the circumstances.
  §  5. Paragraph (k) of subdivision 3 of section 160.50 of the criminal
procedure law, as added by chapter 835 of the laws of 1977 and as relet-
tered by chapter 192 of the laws of 1980, is amended to read as follows:
  (k) (i) The accusatory instrument alleged a violation of  article  two
hundred  twenty  or section 240.36 of the penal law, prior to the taking
effect of article  two  hundred  twenty-one  of  the  penal  law,  or  a
violation  of  article two hundred twenty-one of the penal law; (ii) the
sole  controlled  substance  involved  is  marijuana;  AND   (iii)   the
conviction  was  only  for a violation or violations[; and (iv) at least
three years have passed since the offense occurred] OF SECTION 221.05 OR
221.10 OF THE PENAL LAW.  NO DEFENDANT SHALL BE REQUIRED OR PERMITTED TO
WAIVE ELIGIBILITY FOR SEALING PURSUANT TO THIS PARAGRAPH AS  PART  OF  A
PLEA  OF GUILTY, SENTENCE OR ANY AGREEMENT RELATED TO A CONVICTION FOR A
VIOLATION OF SECTION 221.05 OR SECTION 221.10 OF THE PENAL LAW  AND  ANY
SUCH WAIVER SHALL BE DEEMED VOID AND WHOLLY UNENFORCEABLE.
  §  6.    Section  160.50  of  the criminal procedure law is amended by
adding a new subdivision 5 to read as follows:

S. 6579                             3

  5. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW EXCEPT  AS  PROVIDED
IN PARAGRAPH (D) OF SUBDIVISION ONE OF THIS SECTION AND PARAGRAPH (E) OF
SUBDIVISION  FOUR OF SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE EXECUTIVE
LAW: (I) WHEN THE DIVISION  OF  CRIMINAL  JUSTICE  SERVICES  CONDUCTS  A
SEARCH  OF ITS CRIMINAL HISTORY RECORDS, MAINTAINED PURSUANT TO SUBDIVI-
SION SIX OF SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE EXECUTIVE LAW, AND
RETURNS A REPORT THEREON, ALL REFERENCES TO A CONVICTION FOR A VIOLATION
OF SECTION 221.10 OF THE PENAL LAW, SHALL BE EXCLUDED FROM SUCH  REPORT;
AND (II) THE CHIEF ADMINISTRATOR OF THE COURTS SHALL DEVELOP AND PROMUL-
GATE  RULES  AS MAY BE NECESSARY TO ENSURE THAT NO WRITTEN OR ELECTRONIC
REPORT OF A CRIMINAL HISTORY RECORD SEARCH CONDUCTED BY  THE  OFFICE  OF
COURT ADMINISTRATION CONTAINS INFORMATION RELATING TO A CONVICTION FOR A
VIOLATION  OF  SECTION  221.10  OF  THE PENAL LAW, UNLESS SUCH SEARCH IS
CONDUCTED SOLELY FOR A BONA FIDE RESEARCH PURPOSE,  PROVIDED  THAT  SUCH
INFORMATION,  IF  SO  DISSEMINATED,  SHALL BE DISSEMINATED IN ACCORDANCE
WITH PROCEDURES ESTABLISHED BY THE CHIEF ADMINISTRATOR OF THE COURTS  TO
ASSURE  THE SECURITY AND PRIVACY OF IDENTIFICATION AND INFORMATION DATA,
WHICH SHALL INCLUDE THE EXECUTION OF AN  AGREEMENT  WHICH  PROTECTS  THE
CONFIDENTIALITY  OF THE INFORMATION AND REASONABLY PROTECTS AGAINST DATA
LINKAGE TO INDIVIDUALS.
  (B) NOTHING CONTAINED IN THIS SUBDIVISION SHALL BE DEEMED TO PERMIT OR
REQUIRE THE RELEASE, DISCLOSURE OR OTHER DISSEMINATION BY  THE  DIVISION
OF  CRIMINAL  JUSTICE  SERVICES OR THE OFFICE OF COURT ADMINISTRATION OF
CRIMINAL HISTORY RECORD INFORMATION THAT HAS BEEN SEALED  IN  ACCORDANCE
WITH LAW.
  §  7.  Subdivision  8  of  section 1399-n of the public health law, as
amended by chapter 13 of the  laws  of  2003,  is  amended  to  read  as
follows:
  8.  "Smoking" means the burning of a lighted cigar, cigarette, pipe or
any other matter or substance which contains  tobacco  OR  MARIHUANA  AS
DEFINED IN SECTION THIRTY-THREE HUNDRED TWO OF THIS CHAPTER.
  § 8. This act, including but not limited to the amendments to subdivi-
sion  1  of  section 221.10 of the penal law made by section two of this
act, are ameliorative in  intent  and  effect.  Any  person  who  stands
convicted under such subdivision 1 of section 221.10 as of the date this
section  takes  effect,  and  any person who stands convicted under such
subdivision 1 of section 221.10 and serving a sentence  of  imprisonment
for  such  conviction  on such date shall be entitled to judgment, which
shall be granted promptly by the court:  (a)  vacating  such  conviction
pursuant  to  paragraph  (h)  of  subdivision 1 of section 440.10 of the
criminal procedure law, on  grounds  that  such  conviction  constitutes
cruel  and  unusual  punishment  under  the  state constitution; and (b)
releasing such person from custody under such sentence and, when  sought
from  a  superior  court, granting any other appropriate, related habeas
corpus relief pursuant to article 70  of  the  civil  practice  law  and
rules.
  §  9.   This act shall take effect on the thirtieth day after it shall
have become a law.

Co-Sponsors

S6579A (ACTIVE) - Details

See Assembly Version of this Bill:: A8420
Law Section:: Penal Law
Laws Affected:: Amd §§221.05 & 221.10, Pen L; amd §§1.20, 440.10 & 160.50, CP L; amd §1399-n, Pub Health L

S6579A (ACTIVE) - Summary

Provides for vacating records for certain proceedings and modifies the definition of smoking.

S6579A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S6579A

SPONSOR: BAILEY
 
TITLE OF BILL:  An act to amend the penal law and the criminal proce-
dure law, in relation to vacating records for certain proceedings; and
to amend the public health law, in relation to the definition of smoking

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to make New York penal law fairer and more
equitable in the administration of marihuana enforcement, and avoid the
disparate racial and ethnic impact seen in current marihuana enforce-
ment.

 
SUMMARY OF PROVISIONS:

Section one reduces the penalty for unlawful possession of marihuana and
renames the offense.

Section two amends the definition of criminal possession of marihuana in
the fifth degree, reduces its penalty, and renames the offense.

Section three allows for the vacatur of certain previous marihuana
convictions.

Section four makes conforming changes.

Section five modifies automatic sealing provisions.

Section six allows for the expungement of records.

Section seven establishes procedures for the expungement of records.

Section eight amends the definition of "smoking" under the public health
law includes the smoking of marihuana.

Section nine establishes the effective date.

 
JUSTIFICATION:

Since 1977, possession of small amounts of marijuana (23 grams or less)
has been decriminalized in New York State. It is a violation punishable
by a fine, not a misdemeanor that leads to arrest.

In decriminalizing marijuana, the intent was clear: "The legislature
finds that arrests, criminal prosecutions and criminal penalties are
inappropriate for people who possess small quantities of marihuana for
personal use. Every year, this process needlessly scars thousands of
lives and wastes millions of dollars in law enforcement resources, while
detracting from the prosecution of serious crime."  (Chapter 360, Laws
of 1977)

But 35 years later, by 2012, more than 44,600 people in New York State
were arrested and charged for a misdemeanor crime for possessing small
amounts of marijuana for personal use, if it was said to be "in public
view" or "burning."

Of the 16,590 people arrested in New York City in 2015 for possessing
small amounts of marijuana, nearly 88 percent were black or Latino.
These severe disparities are alarming and indefensible when considering
that data from the Substance Abuse and Mental Health Services Adminis-
tration of the U.S. government consistently shows that young white men
are far more likely to possess and use marijuana than non-whites. In
other words, in New York, possessing small amounts of marijuana is
largely decriminalized for people who are white, and vastly more likely
to be criminalized for people who are black or Latino.

The consequences of New York's inequitable decriminalization are severe.
Today, nearly 600,000 New Yorkers are saddled with an arrest record for
possessing small amounts of marijuana, the overwhelming majority of whom
are black or Latino. According to the National Employment Law Project,
these arrest records can follow a person for the rest of one's life and
impact the ability to access banking services, schools, jobs, housing,
certain licensing, and also have immigration consequences. In addition,
according to research by the ACLU and Queens College sociologist Harry
Levine, the costs associated with these arrests total hundreds of
millions of dollars to taxpayers every year.

This bill addresses the disparate racial and ethnic impact that existing
law has had by more fairly decriminalizing possession of small amounts
of marijuana. It also creates a process for those who have been arrested
for possessing amounts of marijuana to have their records expunged or
vacated.

 
PRIOR LEGISLATIVE HISTORY:

2019: New bill

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become law.

S6579A (ACTIVE) - Bill Text download pdf


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

                                 6579--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              June 16, 2019
                               ___________

Introduced by Sens. BAILEY, MYRIE -- read twice and ordered printed, and
  when  printed  to  be committed to the Committee on Rules -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
  relation to vacating records for certain proceedings; and to amend the
  public health law, in relation to the definition of smoking

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

  Section 1. Section 221.05 of the penal law, as added by chapter 360 of
the laws of 1977, is amended to read as follows:
§ 221.05 Unlawful possession of marihuana IN THE SECOND DEGREE.
  A person is guilty of unlawful possession of marihuana IN  THE  SECOND
DEGREE when he knowingly and unlawfully possesses marihuana.
  Unlawful  possession  of marihuana IN THE SECOND DEGREE is a violation
punishable only by a fine of not more than [one hundred] FIFTY  dollars.
[However,  where  the  defendant  has  previously  been  convicted of an
offense defined in this article or article 220 of this chapter,  commit-
ted  within  the  three  years  immediately preceding such violation, it
shall be punishable (a) only by a fine of  not  more  than  two  hundred
dollars,  if  the defendant was previously convicted of one such offense
committed during such period, and (b) by a fine of  not  more  than  two
hundred fifty dollars or a term of imprisonment not in excess of fifteen
days  or  both,  if  the  defendant was previously convicted of two such
offenses committed during such period.]
  § 2. Section 221.10 of the penal law, as amended by chapter 265 of the
laws of 1979 and subdivision 2 as amended by chapter 75 of the  laws  of
1995, is amended to read as follows:
§ 221.10 [Criminal]  UNLAWFUL  possession  of  marihuana  in the [fifth]
           FIRST degree.
  A person is guilty of [criminal] UNLAWFUL possession of  marihuana  in
the [fifth] FIRST degree when he knowingly and unlawfully possesses[:
  1.  marihuana  in a public place, as defined in section 240.00 of this
chapter, and such marihuana is burning or open to public view; or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13421-04-9

S. 6579--A                          2

  2.] one  or  more  preparations,  compounds,  mixtures  or  substances
containing  marihuana  and  the  preparations,  compounds,  mixtures  or
substances are of an aggregate weight of more than  [twenty-five  grams]
ONE OUNCE.
  [Criminal]  UNLAWFUL  possession  of  marihuana  in  the [fifth] FIRST
degree is a [class B misdemeanor] VIOLATION PUNISHABLE ONLY BY A FINE OF
NOT MORE THAN TWO HUNDRED DOLLARS.
  § 3. Subparagraph (ii) of paragraph (i) and paragraph (j) of  subdivi-
sion  1  of  section  440.10 of the criminal procedure law, subparagraph
(ii) of paragraph (i) as amended by section 3 of part OO of  chapter  55
of  the  laws of 2019, paragraph (j) as amended by section 2 of part MMM
of chapter 59 of the laws of 2019, are amended and a new  paragraph  (k)
is added to read as follows:
  (ii)  official  documentation of the defendant's status as a victim of
trafficking, compelling prostitution or trafficking in  persons  at  the
time  of  the  offense  from a federal, state or local government agency
shall create a presumption that the  defendant's  participation  in  the
offense was a result of having been a victim of sex trafficking, compel-
ling  prostitution  or trafficking in persons, but shall not be required
for granting a motion under this paragraph; [or]
  (j) The judgment is a conviction for a class A or unclassified  misde-
meanor  entered prior to the effective date of this paragraph and satis-
fies the ground prescribed in paragraph (h) of this subdivision.   There
shall  be  a rebuttable presumption that a conviction by plea to such an
offense was not knowing, voluntary and  intelligent,  based  on  ongoing
collateral  consequences,  including  potential  or  actual  immigration
consequences, and  there  shall  be  a  rebuttable  presumption  that  a
conviction  by  verdict  constitutes  cruel and unusual punishment under
section five of article one of the  state  constitution  based  on  such
consequences[.]; OR
  (K)  THE  JUDGMENT  OCCURRED PRIOR TO THE EFFECTIVE DATE OF THIS PARA-
GRAPH AND IS A CONVICTION FOR AN OFFENSE AS DEFINED BY SECTION 221.05 OR
221.10 OF THE PENAL LAW AS IN EFFECT PRIOR TO THE EFFECTIVE DATE OF THIS
PARAGRAPH IN WHICH CASE THE COURT SHALL GRANT THE MOTION.
  § 4. Subdivision 6 of section 440.10 of the criminal procedure law, as
added by chapter 332 of the laws of 2010, is amended to read as follows:
  6. If the court grants a motion under paragraph (i) OR  PARAGRAPH  (K)
of  subdivision  one  of  this  section, it must vacate the judgment and
dismiss the accusatory instrument, and may take such  additional  action
as is appropriate in the circumstances.
  §  5. Paragraph (k) of subdivision 3 of section 160.50 of the criminal
procedure law, as added by chapter 835 of the laws of 1977 and as relet-
tered by chapter 192 of the laws of 1980, is amended to read as follows:
  (k) [(i)] The accusatory instrument alleged a  violation  of  [article
two  hundred  twenty  or  section  240.36 of the penal law, prior to the
taking effect of article two hundred twenty-one of the penal law,  or  a
violation  of  article two hundred twenty-one of the penal law; (ii) the
sole controlled substance involved is marijuana;  (iii)  the  conviction
was  only  for  a violation or violations; and (iv) at least three years
have passed since the offense occurred.]:
  (I) ARTICLE TWO HUNDRED TWENTY OR SECTION  240.36  OF  THE  PENAL  LAW
PRIOR  TO  THE  EFFECTIVE  DATE OF ARTICLE TWO HUNDRED TWENTY-ONE OF THE
PENAL LAW, AND THE SOLE CONTROLLED SUBSTANCE INVOLVED WAS MARIHUANA  AND
THE CONVICTION WAS ONLY FOR A VIOLATION OR VIOLATIONS; OR

S. 6579--A                          3

  (II)  SECTION 221.05 OR 221.10 OF THE PENAL LAW PRIOR TO THE EFFECTIVE
DATE OF THE CHAPTER OF LAWS OF TWO THOUSAND NINETEEN THAT  AMENDED  THIS
SECTION; OR
  (III) SECTION 221.05 OR 221.10 OF THE PENAL LAW.
  NO  DEFENDANT  SHALL BE REQUIRED OR PERMITTED TO WAIVE ELIGIBILITY FOR
SEALING PURSUANT TO THIS PARAGRAPH AS PART OF A PLEA OF GUILTY, SENTENCE
OR ANY AGREEMENT RELATED TO A CONVICTION  FOR  A  VIOLATION  OF  SECTION
221.05  OR  SECTION 221.10 OF THE PENAL LAW AND ANY SUCH WAIVER SHALL BE
DEEMED VOID AND WHOLLY UNENFORCEABLE.
  § 6. Section 1.20 of the criminal procedure law is amended by adding a
new subdivision 45 to read as follows:
  45. "EXPUNGE" MEANS, WHERE AN  ARREST  AND  ANY  ENFORCEMENT  ACTIVITY
CONNECTED WITH THAT ARREST, INCLUDING PROSECUTION AND ANY DISPOSITION IN
ANY  NEW  YORK  STATE  COURT,  IS  DEEMED  A  NULLITY AND THE ACCUSED IS
RESTORED, IN CONTEMPLATION OF THE LAW, TO  THE  STATUS  SUCH  INDIVIDUAL
OCCUPIED BEFORE THE ARREST, PROSECUTION AND/OR DISPOSITION; THAT RECORDS
OF  SUCH  ARREST,  PROSECUTION  AND/OR  DISPOSITION  SHALL  BE MARKED AS
EXPUNGED OR SHALL BE DESTROYED AS SET FORTH IN SECTION  160.50  OF  THIS
CHAPTER.  NEITHER THE ARREST NOR PROSECUTION AND/OR DISPOSITION, IF ANY,
OF A MATTER DEEMED A NULLITY SHALL OPERATE AS A DISQUALIFICATION OF  ANY
PERSON  SO  ACCUSED  TO PURSUE OR ENGAGE IN ANY LAWFUL ACTIVITY, OCCUPA-
TION, PROFESSION OR  CALLING.  EXCEPT  WHERE  SPECIFICALLY  REQUIRED  OR
PERMITTED BY STATUTE OR UPON SPECIFIC AUTHORIZATION OF A SUPERIOR COURT,
NO  SUCH  PERSON  SHALL BE REQUIRED TO DIVULGE INFORMATION PERTAINING TO
THE ARREST, PROSECUTION AND/OR DISPOSITION OF SUCH A MATTER.
  § 7. Section 160.50 of the criminal procedure law is amended by adding
a new subdivision 5 to read as follows:
  5. (A) EXPUNGEMENT OF  CERTAIN  MARIHUANA-RELATED  RECORDS.  WHERE  AN
ACCUSATORY  INSTRUMENT  ALLEGED AN OFFENSE DESCRIBED IN PARAGRAPH (K) OF
SUBDIVISION THREE OF THIS SECTION, SUCH COUNT OR COUNTS OF THE ACCUSATO-
RY INSTRUMENT IN SUCH CRIMINAL ACTION OR PROCEEDING SHALL, ON THE EFFEC-
TIVE DATE OF THIS PARAGRAPH, IN ACCORDANCE WITH THE PROVISIONS  OF  THIS
PARAGRAPH,  BE  VACATED  AND DISMISSED, AND ALL RECORDS OF SUCH COUNT OR
COUNTS AND, IN THE ABSENCE OF ANY  OTHER  VALID  COUNT  OR  COUNTS,  ALL
RECORDS  OF SUCH ACTION OR PROCEEDING SHALL BE EXPUNGED, AS DESCRIBED IN
SUBDIVISION FORTY-FIVE OF SECTION 1.20 OF THIS CHAPTER, AND  THE  MATTER
SHALL  BE  CONSIDERED  TERMINATED  IN  FAVOR OF THE ACCUSED AND DEEMED A
NULLITY, HAVING BEEN RENDERED BY THIS PARAGRAPH LEGALLY INVALID.
  (B) DUTIES OF CERTAIN STATE OFFICIALS AND  LAW  ENFORCEMENT  AGENCIES.
COMMENCING UPON THE EFFECTIVE DATE OF THIS PARAGRAPH:
  (I)  THE  CHIEF  ADMINISTRATOR OF THE COURTS SHALL PROMPTLY NOTIFY THE
COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES AND THE  HEADS
OF ALL APPROPRIATE POLICE DEPARTMENTS AND OTHER LAW ENFORCEMENT AGENCIES
OF ALL COUNTS THAT HAVE BEEN VACATED AND DISMISSED PURSUANT TO PARAGRAPH
(A)  OF  THIS  SUBDIVISION  AND  THAT, IN THE ABSENCE OF ANY OTHER VALID
COUNT OR COUNTS, ALL RECORDS OF  SUCH  ACTION  OR  PROCEEDING  SHALL  BE
EXPUNGED  AND  THE MATTER SHALL BE CONSIDERED TERMINATED IN FAVOR OF THE
ACCUSED AND DEEMED A NULLITY, HAVING BEEN RENDERED LEGALLY INVALID. UPON
RECEIPT OF NOTIFICATION OF SUCH VACATUR, DISMISSAL AND EXPUNGEMENT,  ALL
RECORDS  RELATING  TO  SUCH  COUNT  OR COUNTS, OR THE CRIMINAL ACTION OR
PROCEEDING, AS THE CASE MAY BE, SHALL BE MARKED AS EXPUNGED BY CONSPICU-
OUSLY INDICATING ON THE FACE OF THE RECORD AND ON EACH PAGE  OR  AT  THE
BEGINNING  OF  THE DIGITIZED FILE OF THE RECORD THAT THE RECORD HAS BEEN
DESIGNATED AS EXPUNGED. UPON THE WRITTEN REQUEST OF THE INDIVIDUAL WHOSE
CASE HAS BEEN EXPUNGED OR THEIR DESIGNATED AGENT, SUCH RECORDS SHALL  BE
DESTROYED.  SUCH  RECORDS  AND PAPERS SHALL NOT BE MADE AVAILABLE TO ANY

S. 6579--A                          4

PERSON, EXCEPT THE INDIVIDUAL WHOSE  CASE  HAS  BEEN  EXPUNGED  OR  SUCH
PERSON'S DESIGNATED AGENT; AND
  (II)  WHERE  AUTOMATIC  VACATUR, DISMISSAL, AND EXPUNGEMENT, INCLUDING
RECORD DESTRUCTION IF REQUESTED, IS REQUIRED BY THIS SUBDIVISION BUT ANY
RECORD OF THE COURT SYSTEM IN THIS STATE HAS NOT  YET  BEEN  UPDATED  TO
REFLECT  SAME  (A)  NOTWITHSTANDING ANY OTHER PROVISION OF LAW EXCEPT AS
PROVIDED IN PARAGRAPH (D) OF SUBDIVISION ONE OF THIS SECTION  AND  PARA-
GRAPH  (E)  OF SUBDIVISION FOUR OF SECTION EIGHT HUNDRED THIRTY-SEVEN OF
THE EXECUTIVE LAW: (1) WHEN THE DIVISION OF  CRIMINAL  JUSTICE  SERVICES
CONDUCTS  A  SEARCH OF ITS CRIMINAL HISTORY RECORDS, MAINTAINED PURSUANT
TO SUBDIVISION SIX OF SECTION EIGHT HUNDRED THIRTY-SEVEN OF  THE  EXECU-
TIVE  LAW,  AND RETURNS A REPORT THEREON, ALL REFERENCES TO A CONVICTION
FOR AN OFFENSE DESCRIBED IN PARAGRAPH (K) OF SUBDIVISION THREE  OF  THIS
SECTION  SHALL  BE EXCLUDED FROM SUCH REPORT; AND (2) THE CHIEF ADMINIS-
TRATOR OF THE COURTS SHALL DEVELOP AND PROMULGATE RULES AS MAY BE NECES-
SARY TO ENSURE THAT NO WRITTEN OR ELECTRONIC REPORT OF A CRIMINAL HISTO-
RY RECORD  SEARCH  CONDUCTED  BY  THE  OFFICE  OF  COURT  ADMINISTRATION
CONTAINS  INFORMATION  RELATING TO A CONVICTION FOR AN OFFENSE DESCRIBED
IN PARAGRAPH (K) OF SUBDIVISION THREE OF THIS  SECTION;  AND  (B)  WHERE
COURT  RECORDS  RELEVANT  TO  SUCH MATTER CANNOT BE LOCATED OR HAVE BEEN
DESTROYED, AND A PERSON OR THE PERSON'S ATTORNEY PRESENTS TO  AN  APPRO-
PRIATE  COURT  EMPLOYEE A FINGERPRINT RECORD OF THE NEW YORK STATE DIVI-
SION OF CRIMINAL JUSTICE SERVICES, OR A  COPY  OF  A  COURT  DISPOSITION
RECORD  OR  OTHER RELEVANT COURT RECORD, WHICH INDICATES THAT A CRIMINAL
ACTION OR PROCEEDING AGAINST SUCH PERSON WAS TERMINATED BY CONVICTION OF
AN OFFENSE DESCRIBED IN PARAGRAPH  (K)  OF  SUBDIVISION  THREE  OF  THIS
SECTION,  THEN  PROMPTLY, AND IN ANY EVENT WITHIN THIRTY DAYS AFTER SUCH
NOTICE TO SUCH COURT EMPLOYEE, THE CHIEF ADMINISTRATOR OF THE COURTS  OR
HIS  OR  HER  DESIGNEE  SHALL  ASSURE  THAT SUCH VACATUR, DISMISSAL, AND
EXPUNGEMENT,  INCLUDING  RECORD  DESTRUCTION  IF  REQUESTED,  HAVE  BEEN
COMPLETED IN ACCORDANCE WITH SUBPARAGRAPH (I) OF THIS PARAGRAPH.
  (C)  VACATUR,  DISMISSAL AND EXPUNGEMENT AS SET FORTH IN THIS SUBDIVI-
SION IS WITHOUT PREJUDICE TO ANY PERSON OR SUCH PERSON'S ATTORNEY  SEEK-
ING  FURTHER RELIEF PURSUANT TO ARTICLE FOUR HUNDRED FORTY OF THIS CHAP-
TER OR ANY OTHER LAW. NOTHING IN THIS SECTION IS INTENDED  OR  SHALL  BE
INTERPRETED TO DIMINISH OR ABROGATE ANY RIGHT OR REMEDY OTHERWISE AVAIL-
ABLE TO ANY PERSON.
  (D)  THE OFFICE OF COURT ADMINISTRATION, IN CONJUNCTION WITH THE DIVI-
SION OF CRIMINAL JUSTICE SERVICES, SHALL DEVELOP AN AFFIRMATIVE INFORMA-
TION CAMPAIGN AND WIDELY DISSEMINATE TO THE PUBLIC, THROUGH ITS WEBSITE,
PUBLIC SERVICE ANNOUNCEMENTS AND OTHER MEANS, IN MULTIPLE LANGUAGES  AND
THROUGH  MULTIPLE OUTLETS, INFORMATION CONCERNING THE EXPUNGEMENT, VACA-
TUR AND RESENTENCING OF MARIHUANA CONVICTIONS ESTABLISHED BY THE CHAPTER
OF THE LAWS OF TWO THOUSAND NINETEEN THAT ADDED THIS PARAGRAPH,  INCLUD-
ING,  BUT  NOT  LIMITED  TO,  THE  AUTOMATIC EXPUNGEMENT OF CERTAIN PAST
CONVICTIONS, THE MEANS BY WHICH AN INDIVIDUAL  MAY  FILE  A  MOTION  FOR
VACATUR,  DISMISSAL AND EXPUNGEMENT OF CERTAIN PAST CONVICTIONS, AND THE
IMPACT OF SUCH CHANGES ON SUCH PERSON'S CRIMINAL HISTORY RECORDS.
  § 8. Subdivision 8 of section 1399-n of  the  public  health  law,  as
amended  by  chapter  13  of  the  laws  of  2003, is amended to read as
follows:
  8. "Smoking" means the burning of a lighted cigar, cigarette, pipe  or
any  other  matter  or  substance which contains tobacco OR MARIHUANA AS
DEFINED IN SECTION THIRTY-THREE HUNDRED TWO OF THIS CHAPTER.
  § 9. This act shall take effect on the thirtieth day  after  it  shall
have become a law.

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The New York State Senate

senate Bill S6579A

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Archive: Last Bill Status - Signed by Governor

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Jun 20, 2019 - floor Vote

Floor Vote: Jun 20, 2019

Jun 20, 2019 - Rules committee Vote

Rules Committee Vote: Jun 20, 2019

Bill Amendments

Co-Sponsors

S6579 - Details

S6579 - Summary

S6579 - Sponsor Memo

S6579 - Bill Text download pdf

Co-Sponsors

S6579A (ACTIVE) - Details

S6579A (ACTIVE) - Summary

S6579A (ACTIVE) - Sponsor Memo

S6579A (ACTIVE) - Bill Text download pdf

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senate Bill S6579A

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Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jun 20, 2019 - floor Vote

Floor Vote: Jun 20, 2019

Jun 20, 2019 - Rules committee Vote

Rules Committee Vote: Jun 20, 2019

Bill Amendments

Co-Sponsors

S6579 - Details

S6579 - Summary

S6579 - Sponsor Memo

S6579 - Bill Text download pdf

Co-Sponsors

S6579A (ACTIVE) - Details

S6579A (ACTIVE) - Summary

S6579A (ACTIVE) - Sponsor Memo

S6579A (ACTIVE) - Bill Text download pdf

Comments