Senate Bill S3031

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3031
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2021
                                ___________
 
 Introduced by Sens. PARKER, SEPULVEDA -- read twice and ordered printed,
   and when printed to be committed to the Committee on Codes
 
 AN  ACT to amend the criminal procedure law, in relation to establishing
   an automatic expunction system for certain records
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  intent.  On  August  12, 2013, United States
 District Judge Shira A. Scheindlin issued an order in Floyd v.  City  of
 New  York  that  found  the city of New York had violated the Fourth and
 Fourteenth Amendments by acting with  "deliberate  indifference"  toward
 the  New  York City Police Department's (NYPD) practice of making suspi-
 cionless "stops" and "frisks" and by  adopting  "a  policy  of  indirect
 racial  profiling  by targeting racially defined groups" for "stops" and
 "frisks". Additionally, a remedial order was issued imposing remedies or
 "reforms" to the NYPD's "stop and frisk" practices. (959 F.Supp.2d  540,
 562,  668  (S.D.N.Y. 2013)). In a settlement to a lawsuit brought by the
 New York Civil Liberties Union the city was required to delete  personal
 information  including  names  and  addresses  of  individuals that were
 stopped, questioned and/or frisked. Between January 2004 and  June  2012
 the  NYPD made 4.4 million stops in which 83% of them were made on Afri-
 can Americans and Hispanics. The  legislature  finds  that  any  records
 associated with such unconstitutional stops, frisks and arrests shall be
 automatically  expunged  and notification shall be made to such individ-
 uals of such expunction.
   § 2. The criminal procedure law is amended by  adding  a  new  section
 160.65 to read as follows:
 § 160.65 NEW YORK CITY STOP AND FRISK AUTOMATIC EXPUNCTION.
   1.  FOR  PURPOSES  OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A) "STOP AND FRISK" SHALL HAVE THE SAME MEANING AS SECTION 140.50  OF
 THE CRIMINAL PROCEDURE LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07312-01-1

 S. 3031                             2
 
   (B) "VOIDABLE STOP" SHALL MEAN ANY STOP THAT:
   (I) QUALIFIES AS A STOP AND FRISK;
   (II)  OCCURRED BETWEEN JANUARY TWO THOUSAND FOUR AND JUNE TWO THOUSAND
 TWELVE BY THE NEW YORK CITY POLICE DEPARTMENT; AND
   (III) RESULTED IN EITHER THE COMPLETION OF:
   (A) A UF-250 FORM, A STOP, QUESTION AND FRISK REPORT WORKSHEET; OR
   (B) A FORM 61 COMPLAINT IN WHICH THE SQF  SECTION  WAS  COMPLETED  AND
 RESULTED IN A QUALIFIED ARREST.
   (B)  "QUALIFIED  ARREST" SHALL MEAN AN ARREST FOR ANY OF THE FOLLOWING
 OFFENSES:
   (I) RESISTING ARREST PURSUANT TO SECTION 205.30 OF THE PENAL LAW;
   (II) DISORDERLY CONDUCT PURSUANT TO SECTION 240.20 OF THE PENAL LAW;
   (III) CRIMINAL POSSESSION OF A WEAPON  PURSUANT  TO  SECTIONS  265.01,
 265.02, 265.03 AND 265.04 OF THE PENAL LAW; AND
   (IV)  OFFENSES  INVOLVING  MARIHUANA  PURSUANT  TO ARTICLE TWO HUNDRED
 TWENTY-ONE OF THE PENAL LAW.
   2. THE DIVISION OF CRIMINAL JUSTICE SERVICES, IN CONJUNCTION WITH  THE
 NEW  YORK CITY POLICE DEPARTMENT SHALL ESTABLISH AN AUTOMATIC EXPUNCTION
 SYSTEM TO EXPUNGE OFFICIAL AND UNOFFICIAL RECORDS OF ALL VOIDABLE STOPS.
 SUCH EXPUNCTION SHALL INCLUDE BUT NOT BE LIMITED TO ANY CONVICTIONS  AND
 ALL  RECORDS  PERTAINING TO SUCH STOP INCLUDING UF-250 FORM INFORMATION,
 ANY AND ALL RECORDS OF ARREST, INVESTIGATION  INCLUDING  COMPUTER  DATA-
 BASES,  AND  RECORDS  OF DETENTION PURSUANT TO SUCH VOIDABLE STOP AND/OR
 QUALIFIED ARREST, FINGERPRINTS, PHOTOGRAPHS, DNA SAMPLES, PHYSICAL MEAS-
 UREMENTS, OR ANY OTHER RECORD OF IDENTIFICATION.
   3. SUCH AUTOMATIC EXPUNCTION SYSTEM SHALL INCLUDE:
   (A) AN AUTOMATIC CERTIFICATION PROCESS THAT SHALL NOTIFY ANY  INDIVID-
 UAL AT THEIR LAST KNOWN ADDRESS OF SUCH EXPUNCTION; AND
   (B)  AN AUTOMATIC NOTIFICATION MECHANISM FOR ALL LICENSING AGENCIES TO
 NOTIFY SUCH THAT SUCH EXPUNCTIONS HAVE OCCURRED AND NO INDIVIDUAL  SHALL
 BE ADVERSELY AFFECTED BY SUCH VOIDABLE STOP AND/OR QUALIFIED ARREST.
   4. (A) ANY INDIVIDUAL WHO KNOWINGLY FAILS TO EXPUNGE OR OBLITERATE, OR
 WHO RELEASES INFORMATION ORDERED EXPUNGED, IS GUILTY OF A CLASS A MISDE-
 MEANOR.  AN  INDIVIDUAL, WHO, KNOWING THE RECORDS ARE EXPUNGED, USES THE
 INFORMATION FOR FINANCIAL GAIN, OR WILLFUL  DESTRUCTION  OF  A  PERSON'S
 CHARACTER IS GUILTY OF A CLASS D FELONY.
   (B)  A  PENALTY  OF THIRTY THOUSAND DOLLARS SHALL BE ASSESSED UPON THE
 NEW YORK CITY POLICE DEPARTMENT EVERY MONTH  SUCH  DEPARTMENT  FAILS  TO
 COMPLY  WITH  SUBDIVISION  FIVE  OF  THIS SECTION. SUCH PENALTY SHALL BE
 DEPOSITED IN THE INDIGENT LEGAL SERVICES FUND ESTABLISHED UNDER  SECTION
 NINETY-EIGHT-B OF THE STATE FINANCE LAW.
   (C)  SHOULD  THE DIVISION OF CRIMINAL JUSTICE SERVICES OR THE NEW YORK
 CITY POLICE DEPARTMENT NEGLIGENTLY DISSEMINATE ANY OFFICIAL  OR  UNOFFI-
 CIAL  RECORD  DESCRIBED UNDER SUBDIVISION TWO OF THIS SECTION, ANY INDI-
 VIDUAL ADVERSELY AFFECTED BY SUCH DISSEMINATION MAY, IN A  COURT  HAVING
 JURISDICTION,  BRING  A  CIVIL  ACTION  IN  WHICH A CIVIL PENALTY MAY BE
 ASSESSED UPON SUCH DIVISION OR DEPARTMENT.
   5. ALL EXPUNCTIONS, CERTIFICATIONS AND  NOTIFICATIONS  REQUIRED  UNDER
 THIS SECTION SHALL BE COMPLETED WITHIN ONE YEAR OF THE EFFECTIVE DATE OF
 THIS SECTION.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.