Senate Bill S2194A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2194--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2023
                                ___________
 
 Introduced  by Sens. BAILEY, HOYLMAN-SIGAL, JACKSON, MYRIE -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Codes -- reported favorably from said committee  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 executive  law,  in  relation  to  establishing  the
   office  of  expungement  and  automatic sealing within the division of
   criminal justice services
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The executive law is amended by adding a new section 837-x
 to read as follows:
   § 837-X. OFFICE OF EXPUNGEMENT AND AUTOMATIC SEALING.  1. DEFINITIONS.
 AS USED IN THE SECTION, THE FOLLOWING TERMS  SHALL  HAVE  THE  FOLLOWING
 MEANINGS:
   (A) "ELIGIBLE CONVICTION" SHALL MEAN A CONVICTION WHICH IS ELIGIBLE TO
 BE SEALED AND/OR EXPUNGED UNDER SECTION 160.50, 160.55, 160.58 OR 160.59
 OF THE CRIMINAL PROCEDURE LAW.
   (B)  "OFFICE" SHALL MEAN THE OFFICE OF EXPUNGEMENT AND AUTOMATIC SEAL-
 ING AS ESTABLISHED BY THIS SECTION.
   2. ESTABLISHMENT OF OFFICE. THERE IS  HEREBY  ESTABLISHED  WITHIN  THE
 DIVISION  OF  CRIMINAL  JUSTICE  SERVICES  THE OFFICE OF EXPUNGEMENT AND
 AUTOMATIC SEALING WHICH SHALL OVERSEE THE SEALING AND/OR EXPUNGEMENT  OF
 ALL ELIGIBLE CONVICTIONS.
   3. DUTIES AND RESPONSIBILITIES. THE OFFICE SHALL:
   (A)  INFORM THE DEFENDANT AND SUCH DEFENDANT'S ATTORNEY THAT AN ELIGI-
 BLE CONVICTION CAN BE SEALED AND/OR EXPUNGED;
   (B) ENSURE ALL ELIGIBLE CONVICTIONS ARE SEALED AND/OR  EXPUNGED  ACCU-
 RATELY AND IN A TIMELY MANNER;
   (C) ACT AS AN ADVOCATE FOR THOSE WITH ELIGIBLE CONVICTIONS TO GET SUCH
 CONVICTIONS SEALED AND/OR EXPUNGED;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03159-02-3
              

 S. 2194--A                          2
 
   (D)  ADVISE  THE  GOVERNOR AND THE LEGISLATURE ON THE IMPACT OF HAVING
 ELIGIBLE CONVICTIONS SEALED AND/OR EXPUNGED; AND
   (E) DEVELOP REGULATIONS, STANDARDS, GUIDELINES, AND BEST PRACTICES FOR
 ENSURING  ACCURATE  AND  TIMELY  SEALING  AND/OR EXPUNGEMENT OF ELIGIBLE
 CONVICTIONS.
   4. OTHER STATE AGENCIES SHALL PROVIDE COOPERATION  AND  ASSISTANCE  TO
 THE  OFFICE  SO  AS  TO  ASSIST  IT  IN THE EFFECTIVE PERFORMANCE OF ITS
 DUTIES.
   § 2. This act shall take effect on the  same  date  and  in  the  same
 manner  as a chapter of the laws of 2023 amending the criminal procedure
 law, the executive law and the  correction  law  relating  to  automatic
 sealing of certain convictions, as proposed in legislative bills numbers
 S. 211 and A. 1029, takes effect.