Senate Bill S404

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    404
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  BIAGGI, GOUNARDES, KAMINSKY, KAPLAN -- 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 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00963-01-1

 S. 404                              2
 
 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
 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.