assembly Bill A90

2021-2022 Legislative Session

Relates to orders of adjournment in contemplation of dismissal and sealing of defendant records

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


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

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2021 referred to codes

Co-Sponsors

A90 (ACTIVE) - Details

See Senate Version of this Bill:
S479
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§160.58, 170.55 & 170.56, CP L
Versions Introduced in Other Legislative Sessions:
2017-2018: A8798, S7188
2019-2020: A1364, S2278

A90 (ACTIVE) - Summary

Relates to orders of adjournment in contemplation of dismissal by mandating that judges seal certain records of defendants rather than giving judges discretion for such an action; and limits the total period of adjournment to 90 days.

A90 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    90
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by M. of A. QUART, EPSTEIN, GOTTFRIED, REYES -- read once and
   referred to the Committee on Codes
 
 AN  ACT  to  amend  the criminal procedure law, in relation to orders of
   adjournment in contemplation of dismissal  and  sealing  of  defendant
   records

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 160.58 of the  criminal  procedure
 law,  as  added  by  section  3 of part AAA of chapter 56 of the laws of
 2009, is amended to read as follows:
   1. A defendant convicted of any offense defined in article two hundred
 twenty or two hundred twenty-one of the penal law or a specified offense
 defined in subdivision five of section 410.91 of this  chapter  who  has
 successfully  completed  a  judicial diversion program under article two
 hundred sixteen of this chapter, or one of the programs heretofore known
 as drug treatment alternative to prison or another judicially sanctioned
 drug treatment program of similar duration, requirements  and  level  of
 supervision,  and  has completed the sentence imposed for the offense or
 offenses, [is eligible to] SHALL have such offense  or  offenses  sealed
 pursuant to this section.
   § 2. Subdivision 2 of section 160.58 of the criminal procedure law, as
 added  by  section  3  of part AAA of chapter 56 of the laws of 2009, is
 amended to read as follows:
   2. The court that sentenced the defendant to a  judicially  sanctioned
 drug  treatment  program  [may  on its own motion, or on the defendant's
 motion,] SHALL order that all official records and  papers  relating  to
 the arrest, prosecution and conviction which resulted in the defendant's
 participation  in  the  judicially  sanctioned drug treatment program be
 conditionally sealed. In such case, the  court  may  also  conditionally
 seal  the  arrest,  prosecution  and conviction records for no more than

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