senate Bill S404

2021-2022 Legislative Session

Enables prosecutors to access orders of protection issued in association with sealed prior domestic violence cases

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate


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

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Actions

view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 11, 2021 referred to codes
delivered to assembly
passed senate
May 05, 2021 advanced to third reading
May 04, 2021 2nd report cal.
May 03, 2021 1st report cal.859
Jan 06, 2021 referred to codes

Co-Sponsors

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S404 (ACTIVE) - Details

See Assembly Version of this Bill:
A3422
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§160.50 & 160.55, CP L
Versions Introduced in 2019-2020 Legislative Session:
S7127, A9540

S404 (ACTIVE) - Summary

Enables prosecutors to access orders of protection issued in association with sealed prior domestic violence cases if the offender commits a new domestic violence offense.

S404 (ACTIVE) - Sponsor Memo

S404 (ACTIVE) - Bill Text download pdf

 
                     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

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