senate Bill S479

2021-2022 Legislative Session

Relates to orders of adjournment in contemplation of dismissal and sealing of defendant records

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Codes 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 (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2021 referred to codes

S479 (ACTIVE) - Details

See Assembly Version of this Bill:
A90
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§160.58, 170.55 & 170.56, CP L
Versions Introduced in Other Legislative Sessions:
2017-2018: S7188, A8798
2019-2020: S2278, A1364

S479 (ACTIVE) - Summary

Relates to orders of adjournment in contemplation of dismissal by mandating that judges seal certain records of defendants rather than giving judges discretion for such an action; and limits the total period of adjournment to 90 days.

S479 (ACTIVE) - Sponsor Memo

S479 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    479
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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  orders  of
   adjournment  in  contemplation  of  dismissal and sealing of defendant
   records

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 1 of section 160.58 of the criminal procedure
 law, as added by section 3 of part AAA of chapter  56  of  the  laws  of
 2009, is amended to read as follows:
   1. A defendant convicted of any offense defined in article two hundred
 twenty or two hundred twenty-one of the penal law or a specified offense
 defined  in  subdivision  five of section 410.91 of this chapter who has
 successfully completed a judicial diversion program  under  article  two
 hundred sixteen of this chapter, or one of the programs heretofore known
 as drug treatment alternative to prison or another judicially sanctioned
 drug  treatment  program  of similar duration, requirements and level of
 supervision, and has completed the sentence imposed for the  offense  or
 offenses,  [is  eligible  to] SHALL have such offense or offenses sealed
 pursuant to this section.
   § 2. Subdivision 2 of section 160.58 of the criminal procedure law, as
 added by section 3 of part AAA of chapter 56 of the  laws  of  2009,  is
 amended to read as follows:
   2.  The  court that sentenced the defendant to a judicially sanctioned
 drug treatment program [may on its own motion,  or  on  the  defendant's
 motion,]  SHALL  order  that all official records and papers relating to
 the arrest, prosecution and conviction which resulted in the defendant's
 participation in the judicially sanctioned  drug  treatment  program  be
 conditionally  sealed.  In  such  case, the court may also conditionally
 seal the arrest, prosecution and conviction records  for  no  more  than

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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