Assembly Bill A6033

2021-2022 Legislative Session

Relates to sealing of dismissals and violations that are more than twenty years old

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2021-A6033 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§160.50 & 160.55, CP L
Versions Introduced in Other Legislative Sessions:
2013-2014: A7770
2015-2016: A5093
2017-2018: A4746
2019-2020: A8752
2023-2024: A2232

2021-A6033 (ACTIVE) - Summary

Relates to sealing of dismissals and violations that are more than twenty years old.

2021-A6033 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6033
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 4, 2021
                                ___________
 
 Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
   Committee on Codes
 
 AN ACT to amend the criminal procedure law, in relation  to  sealing  of
   dismissals and violations that are more than twenty years old
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 4 of section 160.50 of the  criminal  procedure
 law,  as amended by chapter 905 of the laws of 1977 and as renumbered by
 chapter 142 of the laws of 1991, is amended to read as follows:
   4. A person in whose favor a criminal action or proceeding was  termi-
 nated,  as defined in [paragraph] PARAGRAPHS (a) through (h), (K) OR (L)
 of subdivision [two] THREE of this section, prior to the effective  date
 of  [this  section,  may  upon  motion  apply to the court in which such
 termination occurred, upon not less  than  twenty  days  notice  to  the
 district  attorney,  for an order granting to such person the relief set
 forth in subdivision one of this section, and such order shall be grant-
 ed unless the district attorney demonstrates to the satisfaction of  the
 court that the interests of justice require otherwise. A person in whose
 favor  a  criminal  action  or  proceeding was terminated, as defined in
 paragraph (i) or (j) of subdivision two of this section,  prior  to  the
 effective  date of this section, may apply to the appropriate prosecutor
 or police agency for a certification as described in said paragraph  (i)
 or  (j)  granting  to such person the relief set forth therein, and such
 certification shall be granted by such prosecutor or police agency]  THE
 CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-ONE WHICH AMENDED THIS SUBDI-
 VISION,  AND  WHOSE RECORDS HAVE NOT BEEN SEALED PURSUANT TO SUBDIVISION
 ONE OF THIS SECTION, MAY APPLY TO HAVE  THE  RECORDS  OF  SUCH  CRIMINAL
 ACTION OR PROCEEDING SEALED AT THE CLERK'S OFFICE FOR THE COURT IN WHICH
 THE  CRIMINAL  ACTION  OR  PROCEEDING WAS TERMINATED. APPLICATION MAY BE
 MADE BY THE PERSON OR BY HIS OR HER ATTORNEY. UPON  A  DETERMINATION  BY
 THE  CLERK  THAT THE ACTION OR PROCEEDING WAS TERMINATED IN THE PERSON'S
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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