S T A T E O F N E W Y O R K
________________________________________________________________________
3422
2021-2022 Regular Sessions
I N A S S E M B L Y
January 26, 2021
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Codes
AN ACT to amend the criminal procedure law, in relation to sealed prior
domestic violence cases
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (d) of subdivision 1 of section 160.50 of the
criminal procedure law, as amended by chapter 449 of the laws of 2015,
is amended to read as follows:
(d) such records shall be made available to the person accused or to
such person's designated agent, and shall be made available to (i) a
prosecutor in any proceeding in which the accused has moved for an order
pursuant to section 170.56 or 210.46 of this chapter, or (ii) a law
enforcement agency OR A PROSECUTOR upon ex parte motion in any superior
court, or in any district court, city court or the criminal court of the
city of New York provided that such court sealed the record, if such
agency OR PROSECUTOR demonstrates to the satisfaction of the court that
justice requires that such records be made available to it, or (iii) any
state or local officer or agency with responsibility for the issuance of
licenses to possess guns, when the accused has made application for such
a license, or (iv) the New York state department of corrections and
community supervision when the accused is on parole supervision as a
result of conditional release or a parole release granted by the New
York state board of parole, and the arrest which is the subject of the
inquiry is one which occurred while the accused was under such super-
vision, or (v) any prospective employer of a police officer or peace
officer as those terms are defined in subdivisions thirty-three and
thirty-four of section 1.20 of this chapter, in relation to an applica-
tion for employment as a police officer or peace officer; provided,
however, that every person who is an applicant for the position of
police officer or peace officer shall be furnished with a copy of all
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00963-01-1
A. 3422 2
records obtained under this paragraph and afforded an opportunity to
make an explanation thereto, or (vi) the probation department responsi-
ble for supervision of the accused when the arrest which is the subject
of the inquiry is one which occurred while the accused was under such
supervision; and
§ 2. Paragraph (d) of subdivision 1 of section 160.55 of the criminal
procedure law, as amended by chapter 449 of the laws of 2015, is amended
to read as follows:
(d) the records referred to in paragraph (c) of this subdivision shall
be made available to the person accused or to such person's designated
agent, and shall be made available to (i) a prosecutor in any proceeding
in which the accused has moved for an order pursuant to section 170.56
or 210.46 of this chapter, or (ii) a law enforcement agency OR A PROSE-
CUTOR upon ex parte motion in any superior court, or in any district
court, city court or the criminal court of the city of New York provided
that such court sealed the record, if such agency OR PROSECUTOR demon-
strates to the satisfaction of the court that justice requires that such
records be made available to it, or (iii) any state or local officer or
agency with responsibility for the issuance of licenses to possess guns,
when the accused has made application for such a license, or (iv) the
New York state department of corrections and community supervision when
the accused is under parole supervision as a result of conditional
release or parole release granted by the New York state board of parole
and the arrest which is the subject of the inquiry is one which occurred
while the accused was under such supervision, or (v) the probation
department responsible for supervision of the accused when the arrest
which is the subject of the inquiry is one which occurred while the
accused was under such supervision, or (vi) a police agency, probation
department, sheriff's office, district attorney's office, department of
correction of any municipality and parole department, for law enforce-
ment purposes, upon arrest in instances in which the individual stands
convicted of harassment in the second degree, as defined in section
240.26 of the penal law, committed against a member of the same family
or household as the defendant, as defined in subdivision one of section
530.11 of this chapter, and determined pursuant to subdivision eight-a
of section 170.10 of this title; and
§ 3. This act shall take effect immediately.