S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8335
 
                             I N  S E N A T E
 
                             January 18, 2024
                                ___________
 
 Introduced  by  Sen.  WEIK  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the executive law and the correction law, in relation to
   the automatic sealing of certain convictions; and  to  repeal  section
   160.57  of  the  criminal  procedure law and section 50-g of the civil
   rights law and certain provisions of the executive law and the judici-
   ary law relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 160.57 of the criminal procedure law is REPEALED.
   §  2.  Subdivisions  4 and 5 of section 845-d of the executive law are
 REPEALED.
   § 3. Paragraphs (dd) and (ee) of subdivision 2 of section 212  of  the
 judiciary law are REPEALED.
   § 4. Subdivision 16 of section 296 of the executive law, as amended by
 chapter 631 of the laws of 2023, is amended to read as follows:
   16.  It  shall  be an unlawful discriminatory practice, unless specif-
 ically required or permitted by statute, for any person, agency, bureau,
 corporation or association, including the state and any political subdi-
 vision thereof, to make any inquiry about, whether in any form of appli-
 cation or  otherwise,  or  to  act  upon  adversely  to  the  individual
 involved,  any arrest or criminal accusation of such individual not then
 pending against that individual which was followed by a  termination  of
 that  criminal  action  or  proceeding  in  favor of such individual, as
 defined in subdivision two of section 160.50 of the  criminal  procedure
 law,  or  by an order adjourning the criminal action in contemplation of
 dismissal, pursuant to section 170.55, 170.56, 210.46, 210.47, or 215.10
 of the criminal procedure law, or by a youthful  offender  adjudication,
 as  defined  in subdivision one of section 720.35 of the criminal proce-
 dure law, or by a conviction for a violation sealed pursuant to  section
 160.55  of the criminal procedure law or by a conviction which is sealed
 pursuant to section 160.59 or 160.58 of the criminal procedure law,  [or
 by a conviction which is sealed pursuant to section 160.57 of the crimi-
 nal  procedure  law,  except  where  such  conviction record is accessed

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13971-01-4
 S. 8335                             2

 pursuant to subparagraph (vii), (viii), or (xvi)  of  paragraph  (d)  of
 subdivision  one  of  section  160.57 of the criminal procedure law,] in
 connection with the licensing, housing, employment, including  volunteer
 positions,  or  providing  of  credit  or  insurance to such individual;
 provided, further, that no person shall be required to divulge  informa-
 tion  pertaining to any arrest or criminal accusation of such individual
 not then pending against that individual which was followed by a  termi-
 nation  of  that criminal action or proceeding in favor of such individ-
 ual, as defined in subdivision two of section  160.50  of  the  criminal
 procedure  law, or by an order adjourning the criminal action in contem-
 plation of dismissal, pursuant to  section  170.55  or  170.56,  210.46,
 210.47  or 215.10 of the criminal procedure law, or by a youthful offen-
 der adjudication, as defined in subdivision one of section 720.35 of the
 criminal procedure law, or by a conviction for a violation sealed pursu-
 ant to section 160.55 of the criminal procedure law, or by a  conviction
 which  is  sealed  pursuant  to section 160.58 or 160.59 of the criminal
 procedure law, or by a conviction which is sealed  pursuant  to  section
 160.57  of  the  criminal  procedure  law[, except where such conviction
 record is accessed pursuant to subparagraph (vii), (viii), or  (xvi)  of
 paragraph  (d)  of  subdivision  one  of  section 160.57 of the criminal
 procedure law]. An individual required or requested to provide  informa-
 tion  in  violation  of  this  subdivision may respond as if the arrest,
 criminal accusation, or disposition of such arrest or  criminal  accusa-
 tion  did  not occur. The provisions of this subdivision shall not apply
 to the licensing activities of governmental bodies in  relation  to  the
 regulation  of guns, firearms and other deadly weapons or in relation to
 an application for employment as a police officer or  peace  officer  as
 those  terms are defined in subdivisions thirty-three and thirty-four of
 section 1.20 of the criminal procedure law; provided  further  that  the
 provisions  of  this  subdivision  shall not apply to an application for
 employment or membership in any law enforcement agency with  respect  to
 any  arrest  or  criminal  accusation  which  was followed by a youthful
 offender adjudication, as defined in subdivision one of  section  720.35
 of the criminal procedure law, or by a conviction for a violation sealed
 pursuant  to  section  160.55  of  the  criminal  procedure law, or by a
 conviction which is sealed pursuant to section 160.58 or 160.59  of  the
 criminal  procedure law[, or by a conviction which is sealed pursuant to
 section 160.57 of the criminal procedure  law].  For  purposes  of  this
 subdivision,  an  action  which  has  been adjourned in contemplation of
 dismissal, pursuant to section  170.55  or  170.56,  210.46,  210.47  or
 215.10  of the criminal procedure law, shall not be considered a pending
 action, unless the order to adjourn in  contemplation  of  dismissal  is
 revoked  and  the  case  is  restored to the calendar for further prose-
 cution.
   § 5. Section 9 of the correction law, as amended by chapter 631 of the
 laws of 2023, is amended to read as follows:
   § 9. Access to information of incarcerated individuals via the  inter-
 net.  Notwithstanding any provision of law to the contrary, any informa-
 tion relating to the  conviction  of  a  person,  EXCEPT  FOR  A  PERSON
 CONVICTED OF AN OFFENSE THAT WOULD MAKE SUCH PERSON INELIGIBLE FOR MERIT
 TIME UNDER SECTION EIGHT HUNDRED THREE OF THIS CHAPTER OR AN OFFENSE FOR
 WHICH  REGISTRATION AS A SEX OFFENDER IS REQUIRED AS SET FORTH IN SUBDI-
 VISION TWO OR THREE OF SECTION ONE HUNDRED SIXTY-EIGHT-A OF  THIS  CHAP-
 TER,  that  is  posted on a website maintained by or for the department,
 under article six of the public officers law,  may  be  posted  on  such
 website  for a period not to exceed [three] FIVE years after the expira-
 S. 8335                             3
 
 tion of such person's sentence of imprisonment and [at  the  conclusion]
 of  any period of parole or post-release supervision; PROVIDED, HOWEVER,
 THAT IN THE CASE OF A PERSON WHO HAS BEEN COMMITTED TO THE DEPARTMENT ON
 MORE  THAN  ONE OCCASION, THE DEPARTMENT MAY POST CONVICTION INFORMATION
 RELATING TO ANY PRIOR COMMITMENT ON SUCH WEBSITE FOR  A  PERIOD  NOT  TO
 EXCEED  FIVE  YEARS  AFTER  THE  EXPIRATION OF SUCH PERSON'S SENTENCE OF
 IMPRISONMENT AND ANY PERIOD OF PAROLE OR POST-RELEASE SUPERVISION  ARIS-
 ING FROM THE MOST RECENT COMMITMENT TO THE DEPARTMENT.
   § 6. Section 50-g of the civil rights law is REPEALED.
   §  7.  This  act  shall  take  effect on the same date and in the same
 manner as chapter 631 of the laws of 2023, takes effect.