S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3285
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced  by  M.  of  A.  DILAN,  CRUZ,  DE LA ROSA,  SAYEGH,  HUNTER,
   J. RIVERA, DICKENS, SIMON, HEVESI,  EPSTEIN,  COOK,  GOTTFRIED,  McDO-
   NOUGH,  BARRON, GLICK, GRIFFIN, ASHBY -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the criminal procedure law, in relation to the effect of
   termination of criminal actions and proceedings against a minor
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 160.60 of the criminal procedure law, as amended by
 chapter 877 of the laws of 1976, is amended to read as follows:
 § 160.60 Effect  of  termination  of  criminal  actions  in favor of the
            accused.
   1. Upon the termination of a criminal action or proceeding  against  a
 person in favor of such person, as defined in subdivision [two] THREE of
 section  160.50  of  this  [chapter] ARTICLE, the arrest and prosecution
 shall be deemed a nullity and the accused shall be restored, in  contem-
 plation  of  law, to the status he occupied before the arrest and prose-
 cution.  The arrest or prosecution shall not operate as a  disqualifica-
 tion  of  any  person  so  accused  to  pursue  or  engage in any lawful
 activity, occupation, 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 or prosecution.
   2. UPON THE TERMINATION OF A CRIMINAL ACTION OR PROCEEDING  AGAINST  A
 MINOR PURSUANT TO SECTION 160.50 OF THIS ARTICLE, ALL PHOTOGRAPHS, FING-
 ERPRINTS,  PALMPRINTS,  AND  ARREST  RECORDS  RELATED  TO SUCH ACTION OR
 PROCEEDING SHALL BE EXPUNGED ONLY IF SUCH  MINOR  HAS  NO  PRIOR  ARREST
 RECORD.  FOR PURPOSES OF THIS ARTICLE, "MINOR" SHALL HAVE THE SAME MEAN-
 ING AS JUVENILE OFFENDER AS DEFINED BY SUBDIVISION FORTY-TWO OF  SECTION
 1.20 OF THIS CHAPTER.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04844-01-1