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Assembly Bill A45

2023-2024 Legislative Session

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

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Archive: Last Bill Status - On Floor Calendar

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2023-A45 (ACTIVE) - Details

See Senate Version of this Bill:
S258
Law Section:
Executive Law
Laws Affected:
Amd §845-d, Exec L
Versions Introduced in Other Legislative Sessions:
2021-2022: A7998, S7422
2025-2026: A356, S1055

2023-A45 (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.

2023-A45 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    45
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced by M. of A. WEPRIN -- read once and referred to the Committee
   on Codes
 
 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.
                                                            LBD01109-01-3

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