senate Bill S6614

Signed By Governor
2019-2020 Legislative Session

Relates to vacating records for certain proceedings

download bill text pdf

Sponsored By

Current 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.132
delivered to governor
Jun 20, 2019 returned to senate
passed assembly
message of necessity - 3 day message
ordered to third reading rules cal.698
substituted for a8432
referred to ways and means
delivered to assembly
passed senate
message of necessity - 3 day message
ordered to third reading cal.1844
referred to rules

S6614 (ACTIVE) - Details

See Assembly Version of this Bill:
A8432
Law Section:
Criminal Procedure Law
Laws Affected:
Rpld & add §440.10 sub 1 ¶(k), amd §160.50, CP L (as proposed in S.6579-A & A.8420-A)

S6614 (ACTIVE) - Summary

Provides for vacating records for certain proceedings.

S6614 (ACTIVE) - Sponsor Memo

S6614 (ACTIVE) - Bill Text download pdf


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

                                  6614

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              June 20, 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 criminal procedure  law,  in  relation  to  vacating
  records  for  certain proceedings; and to repeal certain provisions of
  such law relating thereto

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

  Section  1.  Paragraph  (k)  of subdivision 1 of section 440.10 of the
criminal procedure law, as added by a  chapter  of  the  laws  of  2019,
amending the penal law and the criminal procedure law relating to vacat-
ing  records  for  certain proceedings, as proposed in legislative bills
numbers S. 6579-A and A. 8420-A, is REPEALED and a new paragraph (k)  is
added to read as follows:
  (K)  THE  JUDGMENT  OCCURRED PRIOR TO THE EFFECTIVE DATE OF THIS PARA-
GRAPH AND IS A CONVICTION FOR AN OFFENSE AS DEFINED IN SUBPARAGRAPH  (I)
OR  (II) OF PARAGRAPH (K) OF SUBDIVISION THREE OF SECTION 160.50 OF THIS
PART, IN WHICH CASE THE COURT SHALL PRESUME THAT A  CONVICTION  BY  PLEA
FOR  THE AFOREMENTIONED OFFENSES WAS NOT KNOWING, VOLUNTARY AND INTELLI-
GENT IF IT HAS SEVERE OR ONGOING CONSEQUENCES, INCLUDING BUT NOT LIMITED
TO POTENTIAL OR ACTUAL IMMIGRATION CONSEQUENCES, AND SHALL PRESUME  THAT
A  CONVICTION  BY  VERDICT  FOR  THE AFOREMENTIONED OFFENSES CONSTITUTES
CRUEL AND UNUSUAL PUNISHMENT UNDER SECTION FIVE OF ARTICLE  ONE  OF  THE
STATE  CONSTITUTION,  BASED  ON THOSE CONSEQUENCES. THE PEOPLE MAY REBUT
THESE PRESUMPTIONS.
  § 2. Paragraph (k) of subdivision 3 of section 160.50 of the  criminal
procedure law, as amended by a chapter of the laws of 2019, amending the
penal  law  and  the criminal procedure law relating to vacating records
for certain proceedings, as proposed in  legislative  bills  numbers  S.
6579-A and A. 8420-A, is amended to read as follows:
  (k)  (I)  The  [accusatory  instrument  alleged]  CONVICTION WAS FOR a
violation of[:

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

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