assembly Bill A6399A

2021-2022 Legislative Session

Relates to the automatic sealing of certain convictions

download bill text pdf

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Current Bill Status - In Assembly Committee


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

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 07, 2021 print number 6399a
Jun 07, 2021 amend (t) and recommit to codes
Mar 17, 2021 referred to codes

Co-Sponsors

view additional co-sponsors

A6399 - Details

See Senate Version of this Bill:
S1553
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add §160.57, CP L; amd §§845-d, 837 & 296, Exec L; amd §9, Cor L
Versions Introduced in 2019-2020 Legislative Session:
S8165

A6399 - Summary

Relates to automatic expungement of certain convictions.

A6399 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6399
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 17, 2021
                                ___________
 
 Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the criminal procedure law, the executive  law  and  the
   correction  law,  in  relation  to  automatic  expungement  of certain
   convictions
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  criminal  procedure  law  is amended by adding a new
 section 160.57 to read as follows:
 § 160.57 AUTOMATIC SEALING AND EXPUNGEMENT OF CONVICTIONS.
   1. CONVICTIONS FOR CERTAIN TRAFFIC INFRACTIONS AND VIOLATIONS  OR  ANY
 CRIME  DEFINED  IN  THE LAWS OF THIS STATE SHALL BE SEALED IN ACCORDANCE
 WITH PARAGRAPH (C) OF THIS SUBDIVISION AS FOLLOWS:
   (A) CONVICTIONS FOR SUBDIVISION ONE OF SECTION ELEVEN HUNDRED  NINETY-
 TWO OF THE VEHICLE AND TRAFFIC LAW SHALL BE SEALED AFTER ONE YEAR.
   (B) CRIMINAL CONVICTIONS FOR MISDEMEANORS AND FELONIES SHALL BE SEALED
 UPON SATISFACTION OF THE FOLLOWING CONDITIONS:
   (I)  AT  LEAST  ONE YEAR HAS PASSED FROM THE IMPOSITION OF SENTENCE ON
 THE DEFENDANT'S MOST RECENT MISDEMEANOR CONVICTION IN THIS STATE AND  AT
 LEAST  THREE  YEARS  HAVE PASSED SINCE THE IMPOSITION OF SENTENCE ON THE
 DEFENDANT'S MOST RECENT FELONY CONVICTION IN THIS STATE;
   (II) THE DEFENDANT DOES NOT HAVE A CRIMINAL  CHARGE  PENDING  IN  THIS
 STATE;
   (III)  THE  DEFENDANT  IS  NOT  CURRENTLY UNDER THE SUPERVISION OF ANY
 PROBATION OR PAROLE DEPARTMENT FOR THE ELIGIBLE CONVICTION; AND
   (IV) THE DEFENDANT IS NOT CURRENTLY REQUIRED  TO  REGISTER  AS  A  SEX
 OFFENDER  PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW AS A RESULT OF
 THIS CONVICTION.
   (C) WHERE A CONVICTION IS ELIGIBLE FOR SEALING PURSUANT TO THIS  PARA-
 GRAPH BEFORE, ON, OR AFTER THE EFFECTIVE DATE OF THIS SECTION, THE DIVI-
 SION OF CRIMINAL JUSTICE SERVICES SHALL IMMEDIATELY NOTIFY THE OFFICE OF
 COURT  ADMINISTRATION,  THE  COURT  OF  CONVICTION, AND THE HEADS OF ALL
 APPROPRIATE POLICE  AND  SHERIFF  DEPARTMENTS  THAT  THE  CONVICTION  IS
 SEALED.

Co-Sponsors

view additional co-sponsors

A6399A (ACTIVE) - Details

See Senate Version of this Bill:
S1553
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add §160.57, CP L; amd §§845-d, 837 & 296, Exec L; amd §9, Cor L
Versions Introduced in 2019-2020 Legislative Session:
S8165

A6399A (ACTIVE) - Summary

Relates to automatic expungement of certain convictions.

A6399A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6399--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 17, 2021
                                ___________
 
 Introduced  by  M.  of  A. CRUZ, PRETLOW, GONZALEZ-ROJAS, MEEKS, BURGOS,
   FERNANDEZ, MAMDANI, WALKER, QUART, BARRON, JACKSON, SEAWRIGHT,  SIMON,
   DICKENS,  HYNDMAN,  EPSTEIN,  FORREST, ANDERSON, SILLITTI, DE LA ROSA,
   KELLES, GOTTFRIED, BURDICK, GALLAGHER, CARROLL, SEPTIMO, L. ROSENTHAL,
   RICHARDSON, ZINERMAN, REYES, NIOU, HEVESI, DARLING, AUBRY, MITAYNES --
   read once  and  referred  to  the  Committee  on  Codes  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend the criminal procedure law, the executive law and the
   correction  law,  in  relation  to  automatic   sealing   of   certain
   convictions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The criminal procedure law  is  amended  by  adding  a  new
 section 160.57 to read as follows:
 § 160.57 AUTOMATIC SEALING OF CONVICTIONS.
   1.  CONVICTIONS  FOR CERTAIN TRAFFIC INFRACTIONS AND VIOLATIONS OR ANY
 CRIME DEFINED IN THE LAWS OF THIS STATE SHALL BE  SEALED  IN  ACCORDANCE
 WITH PARAGRAPH (C) OF THIS SUBDIVISION AS FOLLOWS:
   (A)  CONVICTIONS FOR SUBDIVISION ONE OF SECTION ELEVEN HUNDRED NINETY-
 TWO OF THE VEHICLE AND TRAFFIC LAW SHALL BE SEALED AFTER THREE YEARS.
   (B) CRIMINAL CONVICTIONS FOR MISDEMEANORS AND FELONIES SHALL BE SEALED
 UPON SATISFACTION OF THE FOLLOWING CONDITIONS:
   (I) AT LEAST THREE YEARS HAVE PASSED FROM THE IMPOSITION  OF  SENTENCE
 ON  THE DEFENDANT'S MOST RECENT MISDEMEANOR CONVICTION IN THIS STATE AND
 AT LEAST SEVEN YEARS HAVE PASSED SINCE THE IMPOSITION OF SENTENCE ON THE
 DEFENDANT'S MOST RECENT FELONY CONVICTION IN THIS STATE;
   (II) THE DEFENDANT DOES NOT HAVE A CRIMINAL  CHARGE  PENDING  IN  THIS
 STATE;
   (III)  THE  DEFENDANT  IS  NOT  CURRENTLY UNDER THE SUPERVISION OF ANY
 PROBATION OR PAROLE DEPARTMENT FOR THE ELIGIBLE CONVICTION; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.