senate Bill S744

2019-2020 Legislative Session

Relates to undisposed cases

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Sponsored By

Current Bill Status - On Floor Calendar


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 14, 2019 advanced to third reading
Mar 13, 2019 2nd report cal.
Mar 12, 2019 1st report cal.280
Jan 09, 2019 referred to finance

Votes

view votes

Mar 12, 2019 - Finance committee Vote

S744
16
3
committee
16
Aye
3
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Finance committee vote details

Co-Sponsors

S744 (ACTIVE) - Details

See Assembly Version of this Bill:
A4048
Law Section:
Executive Law
Laws Affected:
Add §845-c, Exec L; amd §212, Judy L
Versions Introduced in Other Legislative Sessions:
2009-2010: A8222
2011-2012: S5357, A6471
2013-2014: S1395, A3381
2015-2016: S5092, A2848
2017-2018: S4485, A3256

S744 (ACTIVE) - Summary

Provides that when the division of criminal justice services conducts a search of its criminal history records and returns a report thereon, all references to undisposed cases shall be excluded.

S744 (ACTIVE) - Sponsor Memo

S744 (ACTIVE) - Bill Text download pdf


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

                                   744

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2019
                               ___________

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

AN ACT to amend the executive law and the judiciary law, in relation  to
  providing that criminal history records excludes unresolved cases

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

  Section 1. The executive law is amended by adding a new section  845-c
to read as follows:
  §  845-C. CRIMINAL HISTORY RECORD SEARCHES; UNDISPOSED CASES. 1. WHEN,
PURSUANT TO STATUTE OR THE REGULATIONS OF  THE  DIVISION,  THE  DIVISION
CONDUCTS  A  SEARCH OF ITS CRIMINAL HISTORY RECORDS AND RETURNS A REPORT
THEREON, ALL REFERENCES TO UNDISPOSED CASES CONTAINED IN  SUCH  CRIMINAL
HISTORY RECORD SHALL BE EXCLUDED FROM SUCH REPORT.
  2. FOR PURPOSES OF THIS SECTION, "UNDISPOSED CASE" SHALL MEAN A CRIMI-
NAL ACTION OR PROCEEDING, OR AN ARREST INCIDENT, IDENTIFIED IN THE DIVI-
SION'S  CRIMINAL  HISTORY RECORDS FOR WHICH NO CONVICTION, IMPOSITION OF
SENTENCE, ORDER OF REMOVAL OR OTHER FINAL DISPOSITION,  OTHER  THAN  THE
ISSUANCE OF AN APPARENTLY UNEXECUTED WARRANT, HAS BEEN RECORDED AND WITH
RESPECT  TO  WHICH  NO  ENTRY  HAS  BEEN MADE IN THE DIVISION'S CRIMINAL
HISTORY RECORDS FOR A PERIOD OF AT LEAST FIVE YEARS PRECEDING THE  ISSU-
ANCE OF SUCH REPORT.
  3.  THE  PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY
TO CRIMINAL HISTORY RECORD INFORMATION (A) PROVIDED BY THE  DIVISION  TO
QUALIFIED  AGENCIES PURSUANT TO SUBDIVISION SIX OF SECTION EIGHT HUNDRED
THIRTY-SEVEN OF THIS ARTICLE, OR TO FEDERAL  OR  STATE  LAW  ENFORCEMENT
AGENCIES,  FOR CRIMINAL JUSTICE PURPOSES; (B) PREPARED SOLELY FOR A BONA
FIDE RESEARCH PURPOSE; OR (C) PREPARED FOR THE INTERNAL RECORDKEEPING OR
CASE MANAGEMENT PURPOSES OF THE DIVISION.
  4. NOTHING CONTAINED IN THIS SECTION SHALL  BE  DEEMED  TO  PERMIT  OR
REQUIRE  THE  RELEASE, DISCLOSURE OR OTHER DISSEMINATION BY THE DIVISION

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

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