senate Bill S1553A

2021-2022 Legislative Session

Relates to the automatic sealing of certain convictions

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Finance 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 (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 07, 2021 print number 1553b
Jun 07, 2021 amend (t) and recommit to finance
May 19, 2021 reported and committed to finance
Feb 04, 2021 print number 1553a
Feb 04, 2021 amend (t) and recommit to codes
Jan 13, 2021 referred to codes

Votes

view votes

May 19, 2021 - Codes committee Vote

S1553A
7
6
committee
7
Aye
6
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: May 19, 2021

Co-Sponsors

S1553 - Details

See Assembly Version of this Bill:
A6399
Current Committee:
Senate Finance
Law Section:
Criminal Procedure Law
Laws Affected:
Add §160.57, amd §1.20, CP L; amd §§845-d, 837 & 296, Exec L; amd §9, Cor L
Versions Introduced in 2019-2020 Legislative Session:
S8165

S1553 - Summary

Relates to automatic expungement of certain convictions.

S1553 - Sponsor Memo

S1553 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1553
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2021
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the criminal procedure law and  the  executive  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 AND SUBDIVISION TWO OF SECTION 240.37
 OF THE PENAL 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Co-Sponsors

view additional co-sponsors

S1553A - Details

See Assembly Version of this Bill:
A6399
Current Committee:
Senate Finance
Law Section:
Criminal Procedure Law
Laws Affected:
Add §160.57, amd §1.20, CP L; amd §§845-d, 837 & 296, Exec L; amd §9, Cor L
Versions Introduced in 2019-2020 Legislative Session:
S8165

S1553A - Summary

Relates to automatic expungement of certain convictions.

S1553A - Sponsor Memo

S1553A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1553--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2021
                                ___________
 
 Introduced  by  Sens.  MYRIE,  BAILEY, BIAGGI, HOYLMAN -- read twice and
   ordered printed, and when printed to be committed 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  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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07615-03-1

Co-Sponsors

view additional co-sponsors

S1553B (ACTIVE) - Details

See Assembly Version of this Bill:
A6399
Current Committee:
Senate Finance
Law Section:
Criminal Procedure Law
Laws Affected:
Add §160.57, amd §1.20, CP L; amd §§845-d, 837 & 296, Exec L; amd §9, Cor L
Versions Introduced in 2019-2020 Legislative Session:
S8165

S1553B (ACTIVE) - Summary

Relates to automatic expungement of certain convictions.

S1553B (ACTIVE) - Sponsor Memo

S1553B (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1553--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2021
                                ___________
 
 Introduced  by  Sens.  MYRIE, BAILEY, BENJAMIN, BIAGGI, BRISPORT, BROUK,
   COMRIE, COONEY, GIANARIS, HINCHEY, HOYLMAN,  JACKSON,  KAVANAGH,  MAY,
   RAMOS,  RIVERA,  SALAZAR, SEPULVEDA, SERRANO -- read twice and ordered
   printed, and when printed to be committed to the Committee on Codes --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted  to said committee -- reported favorably from said commit-
   tee and committed to the Committee on Finance -- 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;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07615-07-1

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