Senate Bill S7422

2021-2022 Legislative Session

Prohibits the division of criminal justice services from disclosing pending adjournment in contemplation of dismissals on civil records of arrests and prosecutions

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2021-S7422 (ACTIVE) - Details

See Assembly Version of this Bill:
A7998
Current Committee:
Senate Rules
Law Section:
Executive Law
Laws Affected:
Amd §845-d, Exec L
Versions Introduced in 2023-2024 Legislative Session:
S258, A45

2021-S7422 (ACTIVE) - Summary

Prohibits the division of criminal justice services from disclosing pending orders of adjournment in contemplation of dismissal on civil records of arrests and prosecutions.

2021-S7422 (ACTIVE) - Sponsor Memo

2021-S7422 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7422
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              October 6, 2021
                                ___________
 
 Introduced  by  Sen. SERRANO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the executive law, in relation to prohibiting the  divi-
   sion  of  criminal  justice services from disclosing pending orders of
   adjournment in contemplation of dismissal on civil records of  arrests
   and prosecutions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 845-d of  the  executive  law,  as
 added  by section 1 of subpart N of part II of chapter 55 of the laws of
 2019, is amended to read as follows:
   1.  When, pursuant to statute or the regulations of this division, the
 division conducts a search of its criminal  history  records  for  civil
 purposes, and returns a report therein, it shall only report any [crimi-
 nal  convictions]  CONVICTION  OF  A CRIME, and any criminal arrests and
 accompanying criminal actions which are pending. A CRIMINAL  ARREST  AND
 ACCOMPANYING  CRIMINAL ACTION WHICH HAVE BEEN FOLLOWED BY AN ADJOURNMENT
 IN CONTEMPLATION  OF  DISMISSAL  PURSUANT  TO  SECTION  170.55,  170.56,
 210.46,  210.47  OR  215.10  OF  THE CRIMINAL PROCEDURE LAW SHALL NOT BE
 CONSIDERED PENDING FOR CIVIL PURPOSES UNLESS THE  ORDER  TO  ADJOURN  IN
 CONTEMPLATION  OF  DISMISSAL  IS REVOKED AND THE CASE IS RESTORED TO THE
 CALENDAR FOR FURTHER PROSECUTION.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11735-01-1



              

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