S T A T E O F N E W Y O R K
________________________________________________________________________
2013
2021-2022 Regular Sessions
I N A S S E M B L Y
January 14, 2021
___________
Introduced by M. of A. AUBRY -- read once and referred to the Committee
on Codes
AN ACT to amend the executive law, in relation to criminal history
record searches and open warrants
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-e
to read as follows:
§ 845-E. CRIMINAL HISTORY RECORD SEARCHES; OPEN WARRANTS. 1. WHEN A
CRIMINAL RECORD MAINTAINED BY THE DIVISION, PURSUANT TO SUBDIVISION SIX
OF SECTION EIGHT HUNDRED THIRTY-SEVEN OF THIS ARTICLE, CONTAINS A
WARRANT THAT HAS NOT BEEN RECALLED AND THE DIVISION HAS SUBSEQUENTLY
RECEIVED A REPORT OF A NEW COURT PROCEEDING ON THE CASE THAT CONTAINS
THE WARRANT BUT NO REPORT THAT THE WARRANT HAS BEEN RECALLED, ALL REFER-
ENCES TO SUCH A WARRANT CONTAINED IN THE CRIMINAL HISTORY RECORD SHALL
BE EXCLUDED FROM SUCH REPORT.
2. 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.
§ 2. This act shall take effect January 1, 2023.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00496-01-1