S T A T E O F N E W Y O R K
________________________________________________________________________
1029--C
2023-2024 Regular Sessions
I N A S S E M B L Y
January 13, 2023
___________
Introduced by M. of A. CRUZ, PRETLOW, GONZALEZ-ROJAS, MEEKS, BURGOS,
MAMDANI, WALKER, JACKSON, SEAWRIGHT, SIMON, DICKENS, HYNDMAN, EPSTEIN,
ANDERSON, KELLES, BURDICK, GALLAGHER, CARROLL, SEPTIMO, L. ROSENTHAL,
ZINERMAN, REYES, HEVESI, DARLING, AUBRY, MITAYNES, WEPRIN, LAVINE,
JOYNER, BICHOTTE HERMELYN, JEAN-PIERRE, KIM, HUNTER, CLARK, RIVERA,
BRONSON, GIBBS, DE LOS SANTOS, DAVILA, TAYLOR, COOK, VANEL, FAHY,
TAPIA, CUNNINGHAM, GLICK, LUCAS, CHANDLER-WATERMAN, DINOWITZ, OTIS,
ARDILA, BORES, O'DONNELL, RAGA, SHRESTHA, SHIMSKY, SIMONE, ALVAREZ,
LEVENBERG, FORREST, ZACCARO, McDONALD, LEE, SOLAGES, STIRPE, LUPARDO,
DILAN -- Multi-Sponsored by -- M. of A. RAMOS -- read once and
referred to the Committee on Codes -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- again reported from said committee with amendments, ordered
reprinted as amended and recommitted to said committee -- again
reported from said committee with amendments, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the criminal procedure law, the executive law, the
correction law, the judiciary law and the civil rights law, in
relation to automatic sealing of certain convictions
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative intent. Almost fifty years ago, New York
enacted anti-discrimination protections for individuals with a prior
criminal conviction. In his approval message, Governor Carey noted that
the expense and time involved in prosecuting and incarcerating an indi-
vidual is largely wasted "if upon the individual's return to society his
willingness to assume a law abiding and productive role is frustrated by
senseless discrimination" and further noted that providing a formerly
incarcerated individual "a fair opportunity for a job is a matter of
basic human fairness as well as one of the surest ways to reduce crime."
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01987-06-3
A. 1029--C 2
He also noted that the legislation in no way required the hiring of
someone with a criminal record but provided reasonable standards to be
applied when considering the employment of such an individual, and that
merely having a criminal record could not be the sole basis for denying
employment. While New York has made great strides in fighting discrimi-
nation - on the basis of many attributes, experiences, and circumstances
of New Yorkers - discrimination on the basis of past convictions still
persists.
Therefore, it is the intent of the legislature to further curb this
discrimination by sealing from public access the conviction records of
individuals for certain state convictions only after an individual has
satisfied their sentence and the required period of time has passed,
within which the individual has remained a law abiding citizen while
ensuring that this otherwise sealed conviction information will remain
accessible for law enforcement and other relevant and necessary
purposes. These relevant and necessary purposes include but are not
limited to determining suitability for licensing, employment and similar
activities where federal or state law requires a criminal background
check be performed prior to granting licenses to or employing individ-
uals in certain jobs, such as employment with children, elderly popu-
lations, or other vulnerable populations, as well as where federal or
state law authorizes a criminal background check to be performed prior
to the same type of employment or similar activity.
It is further the intent of the legislature that this legislation
shall not have any impact on, nor will it change the access to, informa-
tion regarding out of state or federal conviction information for law
enforcement purposes or any other person or entity, including prospec-
tive employers, accessing an individual's criminal history through crim-
inal background checks or through publicly accessible records.
§ 2. The criminal procedure law is amended by adding a new section
160.57 to read as follows:
§ 160.57 AUTOMATIC SEALING OF CONVICTIONS.
1. CONVICTIONS FOR CERTAIN TRAFFIC INFRACTIONS OR A CRIME DEFINED IN
THE LAWS OF THIS STATE SHALL BE SEALED IN ACCORDANCE WITH THIS SECTION
AS FOLLOWS:
(A) CONVICTIONS FOR SUBDIVISION ONE OF SECTION ELEVEN HUNDRED NINETY-
TWO OF THE VEHICLE AND TRAFFIC LAW SHALL BE SEALED AFTER THREE YEARS.
(B) CRIMINAL CONVICTIONS SHALL BE SEALED UPON SATISFACTION OF THE
FOLLOWING CONDITIONS:
(I) FOR A MISDEMEANOR CONVICTION, AT LEAST THREE YEARS HAVE PASSED
FROM THE DEFENDANT'S RELEASE FROM INCARCERATION OR THE IMPOSITION OF
SENTENCE IF THERE WAS NO SENTENCE OF INCARCERATION. IF THE DEFENDANT IS
SUBSEQUENTLY CONVICTED OF A CRIME BEFORE A PRIOR CONVICTION IS SEALED
PURSUANT TO THIS SECTION, THE CALCULATION OF TIME FOR SUCH PRIOR
CONVICTION SHALL START UPON THE SAME DATE AS THE TIME CALCULATION STARTS
FOR THE SUBSEQUENT CRIMINAL CONVICTION;
(II) FOR A FELONY CONVICTION, AT LEAST EIGHT YEARS HAVE PASSED FROM
THE DATE THE DEFENDANT WAS LAST RELEASED FROM INCARCERATION FOR THE
SENTENCE OF THE CONVICTION ELIGIBLE FOR SEALING OR FROM THE IMPOSITION
OF SENTENCE IF THERE WAS NO SENTENCE OF INCARCERATION. A DEFENDANT'S
DETENTION FOR AN ALLEGED VIOLATION OF PAROLE OR POST-RELEASE SUPERVISION
SHALL NOT INTERFERE WITH THE TIME CALCULATION PRESCRIBED HEREIN UNLESS
AND UNTIL SUPERVISION IS REVOKED RESULTING IN THE DEFENDANT'S REINCAR-
CERATION. IF THE DEFENDANT IS SUBSEQUENTLY CONVICTED OF A CRIME BEFORE
A PRIOR CONVICTION IS SEALED PURSUANT TO THIS SECTION, THE CALCULATION
A. 1029--C 3
OF TIME FOR SUCH PRIOR CONVICTION SHALL START UPON THE SAME DATE AS THE
TIME CALCULATION STARTS FOR THE SUBSEQUENT CRIMINAL CONVICTION;
(III) THE DEFENDANT DOES NOT HAVE A SUBSEQUENT CRIMINAL CHARGE PENDING
IN THIS STATE;
(IV) THE DEFENDANT IS NOT CURRENTLY UNDER THE SUPERVISION OF ANY
PROBATION OR PAROLE DEPARTMENT FOR THE CONVICTION ELIGIBLE FOR SEALING;
(V) THE CONVICTION IS NOT FOR AN OFFENSE DEFINED AS A SEX OFFENSE OR
SEXUALLY VIOLENT OFFENSE UNDER SECTION ONE HUNDRED SIXTY-EIGHT-A OF THE
CORRECTION LAW;
(VI) THE CONVICTION IS NOT FOR A CLASS A FELONY OFFENSE DEFINED IN THE
PENAL LAW, OTHER THAN CLASS A FELONY OFFENSES DEFINED IN ARTICLE TWO
HUNDRED TWENTY OF THE PENAL LAW;
(VII) THE DEFENDANT IS A NATURAL PERSON;
(VIII) THE DEFENDANT DOES NOT HAVE A SUBSEQUENT FELONY CHARGE PENDING
IN ANOTHER JURISDICTION THAT IS NOT A FELONY CHARGE RELATED TO REPRODUC-
TIVE OR GENDER AFFIRMING CARE OR THE POSSESSION OF CANNABIS WHICH WOULD
NOT CONSTITUTE A FELONY IN NEW YORK. THIS SUBPARAGRAPH SHALL APPLY IF
AND WHEN APPROPRIATE FEDERAL AUTHORITIES GRANT ACCESS TO RECORDS NECES-
SARY TO QUERY TO EFFECTUATE THE PURPOSES OF THIS SUBPARAGRAPH IN AN
AUTOMATED MANNER; AND
(IX) THE DEFENDANT DOES NOT HAVE A SUBSEQUENT FELONY CONVICTION IN
ANOTHER JURISDICTION IN THE PRECEDING EIGHT YEARS THAT IS NOT A FELONY
CONVICTION RELATED TO REPRODUCTIVE OR GENDER AFFIRMING CARE OR THE
POSSESSION OF CANNABIS WHICH WOULD NOT CONSTITUTE A FELONY IN NEW YORK.
THIS SUBPARAGRAPH SHALL APPLY IF AND WHEN APPROPRIATE FEDERAL AUTHORI-
TIES GRANT ACCESS TO RECORDS NECESSARY TO QUERY TO EFFECTUATE THE
PURPOSES OF THIS SUBPARAGRAPH IN AN AUTOMATED MANNER.
(C) IF, AFTER THE APPLICABLE PERIOD OF TIME FOR THE SEALING OF A
CONVICTION HAS BEEN SATISFIED, THE CONVICTION REMAINS INELIGIBLE FOR
SEALING PURSUANT TO SUBPARAGRAPHS (III), (IV), (VIII) OR (IX) OF PARA-
GRAPH (B) OF THIS SUBDIVISION, THE OFFICE OF COURT ADMINISTRATION SHALL
SUBSEQUENTLY CHECK FOR ELIGIBILITY NO LESS THAN QUARTERLY AND UPON
SUBSEQUENT CHECKS, OR THE RECEIPT OF A FORM IN ACCORDANCE WITH PARAGRAPH
(DD) OF SUBDIVISION TWO OF SECTION TWO HUNDRED TWELVE OF THE JUDICIARY
LAW, THE CONVICTION SHALL BE SEALED IF ALL OTHER CONDITIONS FOR SEALING
UNDER THIS SECTION ARE SATISFIED.
(D) IN ACCORDANCE WITH ALL OTHER APPLICABLE LAWS, RULES, AND REGU-
LATIONS REGARDING THE SCOPE, ACCESS, USE, DISCLOSURE, CONFIDENTIALITY
AND RETENTION OF CRIMINAL HISTORY INFORMATION, RECORDS OF CONVICTIONS
SEALED PURSUANT TO THIS SECTION INCLUDING PHOTOGRAPHS, PHOTOGRAPHIC
PLATES OR PROOFS, PALMPRINTS, FINGERPRINTS OR RETINA SCANS SHALL NOT BE
ACCESSED BY OR MADE AVAILABLE TO ANY PERSON OR PUBLIC OR PRIVATE AGENCY,
EXCEPT FOR:
(I) THE DEFENDANT AND SUCH DEFENDANT'S COUNSEL;
(II) ANY COURT, DEFENSE COUNSEL OR PROSECUTOR FOR THE PURPOSES OF A
PENDING CRIMINAL PROCEEDING OR PROCEEDINGS BROUGHT IN A CRIMINAL COURT
PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW;
(III) QUALIFIED AGENCIES, AS DEFINED IN SUBDIVISION NINE OF SECTION
EIGHT HUNDRED THIRTY-FIVE OF THE EXECUTIVE LAW, FEDERAL AND STATE LAW
ENFORCEMENT AGENCIES, AND INTERSTATE AND INTERNATIONAL AUTHORITIES AS
DEFINED IN SUBDIVISION THREE OF SECTION TWO OF THE PUBLIC AUTHORITIES
LAW, WHEN ACTING WITHIN THE SCOPE OF THEIR LAW ENFORCEMENT DUTIES;
(IV) THE COURT, PROSECUTOR, AND DEFENSE COUNSEL IF THE DEFENDANT
BECOMES A WITNESS IN A CRIMINAL PROCEEDING;
(V) THE COURT AND PARTIES IF THE DEFENDANT BECOMES A WITNESS OR PARTY
IN A CIVIL PROCEEDING;
A. 1029--C 4
(VI) WHEN AN INDIVIDUAL IS A DEFENDANT IN A CRIMINAL PROCEEDING OR
PROCEEDINGS BROUGHT IN A CRIMINAL COURT PURSUANT TO ARTICLE SIX-C OF THE
CORRECTION LAW AND THE SEALED RECORDS OF CONVICTION OF A THIRD PARTY ARE
INTEGRAL TO THEIR DEFENSE. IN SUCH INSTANCES, USE OF SEALED RECORDS OF
CONVICTION SHALL BE REQUESTED UPON EX PARTE MOTION IN ANY SUPERIOR
COURT, OR IN ANY DISTRICT COURT, CITY COURT OR THE CRIMINAL COURT OF THE
CITY OF NEW YORK PROVIDED THAT SUCH COURT IS WHERE THE ACTION IS PEND-
ING. THE APPLICANT MUST DEMONSTRATE TO THE SATISFACTION OF THE COURT
THAT THE RECORDS WILL BE USED FOR THE PURPOSE OF THIS SUBPARAGRAPH;
(VII) INDIVIDUALS OR ENTITIES THAT ARE REQUIRED BY A LOCAL LAW IN
EFFECT ONE YEAR PRIOR TO THE CHAPTER OF THE LAWS OF TWO THOUSAND TWEN-
TY-THREE THAT ADDED THIS SECTION, A STATE LAW, OR A FEDERAL LAW OR REGU-
LATION TO REQUEST AND RECEIVE A FINGERPRINT-BASED CHECK OF CRIMINAL
HISTORY INFORMATION. NOTHING HEREIN SHALL PROHIBIT THE COMMISSIONER OF
EDUCATION OR THE OFFICE OF SCHOOL PERSONNEL REVIEW AND ACCOUNTABILITY
FROM RECEIVING OR USING CONVICTIONS SEALED PURSUANT TO THIS SECTION FOR
PURPOSES OF SUBDIVISIONS SEVEN, SEVEN-A AND SEVEN-B OF SECTION THREE
HUNDRED FIVE OF THE EDUCATION LAW;
(VIII) INDIVIDUALS OR ENTITIES THAT ARE AUTHORIZED BY A LOCAL LAW IN
EFFECT ONE YEAR PRIOR TO THE CHAPTER OF THE LAWS OF TWO THOUSAND TWEN-
TY-THREE THAT ADDED THIS SECTION, A STATE LAW, OR A FEDERAL LAW OR REGU-
LATION TO REQUEST AND RECEIVE A FINGERPRINT-BASED CHECK OF CRIMINAL
HISTORY INFORMATION IN RELATION TO THE INDIVIDUAL'S FITNESS TO HAVE
RESPONSIBILITY FOR THE SAFETY AND WELL-BEING OF CHILDREN OR ADOLESCENTS,
ELDERLY INDIVIDUALS, INDIVIDUALS WITH DISABILITIES, OR OTHERWISE VULNER-
ABLE POPULATIONS. THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL MAIN-
TAIN AN UP TO DATE LIST OF CITATIONS OF THE LOCAL, STATE, AND FEDERAL
STATUTES OR FEDERAL REGULATIONS AUTHORIZING THE ACCESS DESCRIBED HEREIN;
(IX) ANY PROSPECTIVE EMPLOYER OF A POLICE OFFICER OR PEACE OFFICER AS
THOSE TERMS ARE DEFINED IN SUBDIVISIONS THIRTY-THREE AND THIRTY-FOUR OF
SECTION 1.20 OF THIS CHAPTER, IN RELATION TO AN APPLICATION FOR EMPLOY-
MENT AS A POLICE OFFICER OR PEACE OFFICER, PROVIDED, HOWEVER, THAT EVERY
PERSON WHO IS AN APPLICANT SHALL BE FURNISHED WITH A COPY OF ALL RECORDS
OBTAINED UNDER THIS PARAGRAPH AND AFFORDED AN OPPORTUNITY TO MAKE AN
EXPLANATION THERETO;
(X) ANY FEDERAL, STATE OR LOCAL OFFICER OR AGENCY WITH RESPONSIBILITY
FOR THE ISSUANCE OF LICENSES TO POSSESS A FIREARM, RIFLE OR SHOTGUN OR
WITH RESPONSIBILITY FOR CONDUCTING BACKGROUND CHECKS BEFORE TRANSFER OR
SALE OF A FIREARM OR EXPLOSIVE, WHEN THE OFFICER OR AGENCY IS ACTING
PURSUANT TO SUCH RESPONSIBILITY. THIS INCLUDES THE CRIMINAL JUSTICE
INFORMATION SERVICES DIVISION OF THE FEDERAL BUREAU OF INVESTIGATION,
FOR THE PURPOSES OF RESPONDING TO QUERIES TO THE NATIONAL INSTANT BACK-
GROUND CHECK SYSTEM REGARDING ATTEMPTS TO PURCHASE OR OTHERWISE TAKE
POSSESSION OF FIREARMS, RIFLES OR SHOTGUNS, AS DEFINED IN 18 U.S.C. §
921 (A)(3);
(XI) FOR THE PURPOSES OF CIVILIAN INVESTIGATION OR EVALUATION OF A
CIVILIAN COMPLAINT OR CIVIL ACTION CONCERNING LAW ENFORCEMENT OR PROSE-
CUTION ACTIONS, UPON EX PARTE MOTION IN ANY SUPERIOR COURT, OR IN ANY
DISTRICT COURT, CITY COURT OR THE CRIMINAL COURT OF THE CITY OF NEW YORK
PROVIDED THAT SUCH COURT SEALED THE RECORD; THE APPLICANT MUST DEMON-
STRATE TO THE SATISFACTION OF THE COURT THAT THE RECORDS WILL BE USED
FOR THE PURPOSES OF THIS SUBPARAGRAPH;
(XII) FOR INFORMATION PROVIDED TO AN INDIVIDUAL OR ENTITY PURSUANT TO
PARAGRAPH (E) OF SUBDIVISION FOUR OF SECTION EIGHT HUNDRED THIRTY-SEVEN
OF THE EXECUTIVE LAW OR FOR BONA FIDE RESEARCH PURPOSES PROVIDED ALL
IDENTIFYING INFORMATION IS REMOVED;
A. 1029--C 5
(XIII) WHEN AN INDIVIDUAL SEEKS TO AVAIL THEMSELVES OF A PUBLIC
PROGRAM OR BENEFIT, INCLUDING BUT NOT LIMITED TO AN IMMIGRATION BENEFIT,
FOR WHICH THE SEALED RECORDS OF CONVICTION OF A THIRD PARTY ARE OTHER-
WISE AUTHORIZED BY LAW OR LEGAL PROCESS TO BE DISCLOSED IN FURTHERANCE
OF THEIR APPLICATION FOR SUCH PROGRAM OR BENEFIT. IN SUCH INSTANCES, THE
INDIVIDUAL OR THEIR ATTORNEY SHALL REQUEST THE USE OF SEALED RECORDS
PURSUANT TO A FORM AS PRESCRIBED BY THE CHIEF ADMINISTRATOR OF THE
COURTS PURSUANT TO PARAGRAPH (EE) OF SUBDIVISION TWO OF SECTION TWO
HUNDRED TWELVE OF THE JUDICIARY LAW;
(XIV) FOR THE PURPOSE OF COLLECTION OF RESTITUTION, REPARATION, FINES,
SURCHARGES, OR FEES IMPOSED. IN SUCH INSTANCES, USE OF SEALED RECORDS
SHALL BE REQUESTED UPON EX PARTE MOTION IN ANY SUPERIOR COURT, OR IN ANY
DISTRICT COURT, CITY COURT, TOWN COURT, VILLAGE COURT, OR CRIMINAL COURT
OF THE CITY OF NEW YORK PROVIDED THAT SUCH COURT IS WHERE THE ACTION IS
PENDING. THE APPLICANT MUST DEMONSTRATE TO THE SATISFACTION OF THE COURT
THAT THE RECORDS WILL BE USED FOR THE PURPOSE OF THIS SUBPARAGRAPH;
(XV) TRANSPORTATION NETWORK COMPANIES THAT ARE REQUIRED OR AUTHORIZED
BY STATE LAW TO REQUEST CRIMINAL HISTORY INFORMATION PURSUANT TO SECTION
SIXTEEN HUNDRED NINETY-NINE OF THE VEHICLE AND TRAFFIC LAW;
(XVI) THE STATE EDUCATION DEPARTMENT FOR THE PURPOSES OF INVESTIGATING
PROFESSIONAL MISCONDUCT AS DEFINED IN SUBPARAGRAPH (I) OF PARAGRAPH (A)
OF SUBDIVISION FIVE OF SECTION SIXTY-FIVE HUNDRED NINE OF THE EDUCATION
LAW, CONSIDERATION OF RESTORATION OF A PROFESSIONAL LICENSE PURSUANT TO
SECTION SIXTY-FIVE HUNDRED ELEVEN OF THE EDUCATION LAW, OR DETERMI-
NATIONS FOR ISSUING A LICENSE TO PRACTICE A PROFESSION OR ISSUING
CERTIFICATES AND PRIVILEGES FOR WHICH PRIOR LICENSURE IS REQUIRED, FOR
THE PROFESSIONS UNDER ARTICLES ONE HUNDRED THIRTY-ONE, ONE HUNDRED THIR-
TY-ONE-B, ONE HUNDRED THIRTY-TWO, ONE HUNDRED THIRTY-THREE, ONE HUNDRED
THIRTY-FOUR, ONE HUNDRED THIRTY-FIVE, ONE HUNDRED THIRTY-SIX, ONE
HUNDRED THIRTY-SEVEN, ONE HUNDRED THIRTY-NINE, ONE HUNDRED FORTY, ONE
HUNDRED FORTY-ONE, ONE HUNDRED FORTY-THREE, ONE HUNDRED FORTY-FOUR, ONE
HUNDRED FORTY-FIVE, ONE HUNDRED FORTY-SEVEN, ONE HUNDRED FORTY-NINE, ONE
HUNDRED FIFTY-THREE, ONE HUNDRED FIFTY-FOUR, ONE HUNDRED FIFTY-FIVE, ONE
HUNDRED FIFTY-SIX, ONE HUNDRED FIFTY-SEVEN, ONE HUNDRED FIFTY-NINE, ONE
HUNDRED SIXTY, ONE HUNDRED SIXTY-TWO, ONE HUNDRED SIXTY-THREE, ONE
HUNDRED SIXTY-FOUR, AND ONE HUNDRED SIXTY-SEVEN AS SUCH PROFESSIONS ARE
DEFINED IN TITLE EIGHT OF THE EDUCATION LAW, PROVIDED THAT THE STATE
EDUCATION DEPARTMENT CERTIFIES TO THE DIVISION OF CRIMINAL JUSTICE
SERVICES THAT IT IS INVESTIGATING AN INDIVIDUAL LICENSED TO PRACTICE A
PROFESSION PURSUANT TO ARTICLE ONE HUNDRED THIRTY OF THE EDUCATION LAW
FOR PROFESSIONAL MISCONDUCT AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION
FIVE OF SECTION SIXTY-FIVE HUNDRED NINE OF THE EDUCATION LAW, CONSIDER-
ING RESTORATION OF A PROFESSIONAL LICENSE PURSUANT TO SECTION SIXTY-FIVE
HUNDRED ELEVEN OF THE EDUCATION LAW, OR MAKING A DETERMINATION FOR ISSU-
ING A LICENSE TO PRACTICE A PROFESSION OR ISSUING CERTIFICATES AND PRIV-
ILEGES FOR WHICH PRIOR LICENSURE IS REQUIRED AS APPROPRIATE. PROVIDED,
FURTHER, THAT THE BOARD OF REGENTS MAY CONSIDER ANY PRIOR CONVICTION
THAT FORMED THE BASIS OF A DETERMINATION OF THE BOARD OF REGENTS IN A
DISCIPLINARY PROCEEDING PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF
THE EDUCATION LAW AND THE RULES AND REGULATIONS PROMULGATED PURSUANT
THERETO IN AN APPLICATION FOR RECONSIDERATION, EVEN IF SUCH CONVICTION
LATER BECOMES SEALED PURSUANT TO THIS SECTION; AND
(XVII) THE OFFICE OF MENTAL HEALTH AND THE OFFICE FOR PEOPLE WITH
DEVELOPMENTAL DISABILITIES, WHERE SUCH AGENCIES ARE STATUTORILY AUTHOR-
IZED TO RECEIVE SUCH INFORMATION, PROVIDED FURTHER, THAT SUCH INFORMA-
TION MAY ALSO BE MADE AVAILABLE FOR CASE REVIEW UNDER SECTION 10.05 OF
A. 1029--C 6
THE MENTAL HYGIENE LAW, AS WELL AS TO PROVIDERS LICENSED, FUNDED, DESIG-
NATED, CERTIFIED OR OTHERWISE AUTHORIZED BY THE OFFICE OF MENTAL HEALTH
OR THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, WHERE SUCH
INFORMATION IS INCLUDED IN THE CLINICAL RECORD OF ANY PERSON UNDER THE
CARE OF OR RECEIVING SERVICES FROM SUCH PROVIDER OR PROGRAM.
(E) WHERE THE SEALING REQUIRED BY THIS SECTION HAS NOT TAKEN PLACE,
INCLUDING WHERE SUPPORTING COURT RECORDS CANNOT BE LOCATED OR HAVE BEEN
DESTROYED, AND A DEFENDANT OR THEIR ATTORNEY SUBMITS A VALID FORM IN
ACCORDANCE WITH PARAGRAPH (DD) OF SUBDIVISION TWO OF SECTION TWO HUNDRED
TWELVE OF THE JUDICIARY LAW OF SUCH FACT TO THE OFFICE OF COURT ADMIN-
ISTRATION, SUCH CONVICTION SHALL BE SEALED AS SET FORTH IN THIS SUBDIVI-
SION WITHIN THIRTY DAYS OF THE RECEIPT OF SUCH FORM.
(F) THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, IN COOR-
DINATION WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES, SHALL PROVIDE
THE OFFICE OF COURT ADMINISTRATION WITH THE DATA NECESSARY TO DETERMINE
APPROPRIATE RECORDS TO BE SEALED PURSUANT TO THIS SECTION, INCLUDING BUT
NOT LIMITED TO (I) THE DATE OR DATES OF RELEASE FROM STATE INCARCERATION
OF INDIVIDUALS WHO HAVE A SENTENCE OF INCARCERATION FOR A FELONY
CONVICTION, AND (II) THE DATE OR DATES OF INITIAL PAROLE OR POST-RELEASE
SUPERVISION AND CORRESPONDING DATE OR DATES OF DISCHARGE, AS APPLICABLE.
(G) THE CHIEF ADMINISTRATIVE OFFICER OF EACH LOCAL CORRECTIONAL FACIL-
ITY SHALL PROVIDE THE OFFICE OF COURT ADMINISTRATION WITH THE DATA
NECESSARY TO DETERMINE APPROPRIATE RECORDS TO BE SEALED PURSUANT TO THIS
SECTION, INCLUDING BUT NOT LIMITED TO THE DATE OR DATES OF RELEASE OF
INDIVIDUALS WHO HAVE SATISFIED A DEFINITE SENTENCE OF IMPRISONMENT.
2. UPON THE SEALING OF A CONVICTION PURSUANT TO THIS SECTION THE
OFFICE OF COURT ADMINISTRATION SHALL IMMEDIATELY NOTIFY THE DIVISION OF
CRIMINAL JUSTICE SERVICES, THE COURT OF CONVICTION, COUNTY CLERKS AND
THE HEADS OF ALL APPROPRIATE POLICE AND SHERIFF DEPARTMENTS, PROSECU-
TORS' OFFICES AND LAW ENFORCEMENT AGENCIES THAT THE CONVICTION IS
SEALED. UPON RECEIPT OF SUCH NOTIFICATION, RECORDS OF OR RELATING TO
SUCH CONVICTION SHALL BE IMMEDIATELY SEALED AS FOLLOWS:
(A) EVERY PHOTOGRAPH OF THE DEFENDANT AND PHOTOGRAPHIC PLATES OR
PROOF, AND ALL PALMPRINTS, FINGERPRINTS AND RETINA SCANS TAKEN OR MADE
OF THE DEFENDANT IN REGARD TO THE SEALED CONVICTION, AND ALL DUPLICATES,
REPRODUCTIONS, AND COPIES THEREOF, EXCEPT A DIGITAL FINGERPRINT THAT IS
ON FILE WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES FOR A CONVICTION
THAT HAS NOT BEEN SEALED PURSUANT TO THIS SECTION, SHALL BE MARKED AS
SEALED BY ANY ENTITY NOTIFIED UNDER THIS SUBDIVISION HAVING ANY SUCH
PHOTOGRAPH, PHOTOGRAPHIC PLATE OR PROOF, PALMPRINT, FINGERPRINTS OR
RETINA SCAN IN ITS POSSESSION OR UNDER ITS CONTROL BY CONSPICUOUSLY
INDICATING ON THE FACE OF THE RECORD OR AT THE BEGINNING OF THE DIGI-
TIZED FILE OF THE RECORD THAT THE RECORD HAS BEEN DESIGNATED AS SEALED.
(B) EVERY OFFICIAL RECORD AND PAPER AND DUPLICATES AND COPIES THEREOF,
INCLUDING, BUT NOT LIMITED TO, JUDGMENTS AND ORDERS OF A COURT BUT NOT
INCLUDING PUBLISHED COURT DECISIONS OR OPINIONS OR RECORDS AND BRIEFS ON
APPEAL, RELATING TO THE SEALED CONVICTION, ON FILE WITH THE ENTITY NOTI-
FIED UNDER THIS SUBDIVISION SHALL BE MARKED AS SEALED BY CONSPICUOUSLY
INDICATING ON THE FACE OF THE RECORD OR AT THE BEGINNING OF THE DIGI-
TIZED FILE OF THE RECORD THAT THE RECORD HAS BEEN DESIGNATED AS SEALED.
(C) ENTITIES SUBJECT TO THE REQUIREMENTS OF THIS SUBDIVISION SHALL NOT
USE OR ACCESS SUCH SEALED INFORMATION UNLESS OTHERWISE AUTHORIZED PURSU-
ANT TO THIS SECTION OR ANY OTHER SECTION OF LAW.
(D) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO INTERFERE WITH THE
APPLICABLE LAWS, RULES AND REGULATIONS REQUIRING THE DIVISION OF CRIMI-
A. 1029--C 7
NAL JUSTICE SERVICES TO ADMINISTER AND MAINTAIN CRIMINAL HISTORY RECORDS
AS SET FORTH IN ARTICLE THIRTY-FIVE OF THE EXECUTIVE LAW.
3. (A) NOTHING IN THIS SECTION REQUIRES THE SEALING OR DESTRUCTION OF
DNA INFORMATION MAINTAINED IN THE NEW YORK STATE DNA DATABASE, IN
ACCORDANCE WITH ARTICLE FORTY-NINE-B OF THE EXECUTIVE LAW, OF AN INDI-
VIDUAL WHOSE CONVICTION IS SEALED UNDER THIS SECTION.
(B) NOTHING IN THIS SECTION REQUIRES THE SEALING OR DESTRUCTION OF
RECORDS MAINTAINED BY THE DEPARTMENT OF MOTOR VEHICLES, AND NOTHING IN
THIS SECTION SHALL BE CONSTRUED TO CONTRAVENE THE VEHICLE AND TRAFFIC
LAW, THE FEDERAL DRIVER'S PRIVACY PROTECTION ACT (18 U.S.C 2721 ET.
SEQ.), THE REAL ID ACT OF 2005 (PUBLIC LAW 109-13; 49 U.S.C. 30301
NOTE), SECTION 7209 OF THE INTELLIGENCE REFORM AND TERRORISM PREVENTION
ACT OF 1986 (49 U.S.C. 31311), THE COMMERCIAL MOTOR VEHICLE SAFETY ACT
OF 1986 (PUBLIC LAW 99-570; 49 U.S.C. 313), THE MOTOR CARRIER SAFETY
IMPROVEMENT ACT OF 1999 (PUBLIC LAW 106-159), OR REGULATIONS PROMULGATED
PURSUANT TO ANY SUCH CHAPTER OR ACT.
(C) THE DIVISION OF CRIMINAL JUSTICE SERVICES IS AUTHORIZED TO
DISCLOSE A CONVICTION THAT IS SEALED PURSUANT TO THIS SECTION TO ENTI-
TIES THAT ARE REQUIRED BY FEDERAL LAW, OR BY RULES AND REGULATIONS
PROMULGATED BY A SELF-REGULATORY ORGANIZATION CREATED UNDER FEDERAL LAW,
TO CONSIDER SEALED CONVICTIONS. SUCH ENTITIES MUST CERTIFY TO THE DIVI-
SION THAT THEY ARE REQUIRED BY FEDERAL LAW, OR BY RULES AND REGULATIONS
PROMULGATED BY A SELF-REGULATORY ORGANIZATION THAT HAS BEEN CREATED
UNDER FEDERAL LAW, TO MAKE AN INQUIRY ABOUT OR CONSIDER RECORDS SEALED
PURSUANT TO THIS SECTION FOR PURPOSES OF EMPLOYMENT, LICENSING, OR
CLEARANCE. TO THE EXTENT PERMITTED BY FEDERAL LAW, A RECORD SEALED
PURSUANT TO THIS SECTION MAY NOT BE CONSIDERED A CONVICTION THAT WOULD
PROHIBIT THE EMPLOYMENT, LICENSING OR CLEARANCE OF THE DEFENDANT.
(D) NOTHING IN THIS SECTION SHALL PROHIBIT ENTITIES REQUIRED BY FEDER-
AL LAW TO CONSIDER SEALED CONVICTIONS, OR BY RULES AND REGULATIONS
PROMULGATED BY A SELF-REGULATORY ORGANIZATION THAT HAS BEEN CREATED
UNDER FEDERAL LAW, FROM MAKING AN INQUIRY ABOUT OR CONSIDERING AN APPLI-
CANT'S CRIMINAL HISTORY FOR PURPOSES OF EMPLOYMENT, LICENSING, OR CLEAR-
ANCE FROM INQUIRING INTO CONVICTIONS SEALED PURSUANT TO THIS SECTION.
(E) IN ANY CIVIL ACTION, AN OFFICIAL RECORD OF A CONVICTION THAT HAS
BEEN SEALED PURSUANT TO THIS SECTION MAY NOT BE INTRODUCED AS EVIDENCE
OF NEGLIGENCE AGAINST A PERSON OR ENTITY THAT PROVIDED EMPLOYMENT,
CONTRACT LABOR OR SERVICES, VOLUNTEER WORK, LICENSING, TENANCY, A HOME
PURCHASE, A MORTGAGE, AN EDUCATION, A LOAN, OR INSURANCE IF SUCH RECORD
WAS SEALED AND WAS NOT PROVIDED TO THE PERSON OR ENTITY BY OR ON BEHALF
OF A GOVERNMENTAL ENTITY IN ACCORDANCE WITH THIS SECTION IN RESPONSE TO
SUCH PERSON'S OR ENTITY'S AUTHORIZED AND TIMELY REQUEST FOR CONVICTION
HISTORY INFORMATION.
(F) A PERSON OR ENTITY DESCRIBED IN THIS SUBDIVISION, ACTING REASON-
ABLY AND IN GOOD FAITH, MAY NOT HAVE A DUTY TO INVESTIGATE THE FACT OF A
PRIOR CONVICTION THAT HAS BEEN SEALED PURSUANT TO THIS SECTION.
4. NO DEFENDANT SHALL BE REQUIRED OR PERMITTED TO WAIVE ELIGIBILITY
FOR SEALING PURSUANT TO THIS SECTION AS PART OF A PLEA OF GUILTY,
SENTENCE OR ANY AGREEMENT RELATED TO A CONVICTION FOR A VIOLATION OF THE
LAWS OF THIS STATE. ANY SUCH WAIVER IS VOID AND UNENFORCEABLE.
5. SEALING AS SET FORTH IN SUBDIVISION TWO OF THIS SECTION IS WITHOUT
PREJUDICE TO A DEFENDANT OR THEIR ATTORNEY SEEKING FURTHER RELIEF PURSU-
ANT TO ARTICLE FOUR HUNDRED FORTY OF THIS CHAPTER. NOTHING IN THIS
SECTION IS INTENDED OR SHALL BE INTERPRETED TO DIMINISH OR ABROGATE ANY
RIGHTS OR REMEDIES OTHERWISE AVAILABLE TO THE DEFENDANT.
A. 1029--C 8
6. THE OFFICE OF COURT ADMINISTRATION SHALL MAKE DILIGENT EFFORTS TO
PROMPTLY SEAL ALL CONVICTION RECORDS ELIGIBLE FOR SEALING UNDER THIS
SECTION WHERE SUCH CONVICTIONS WERE ENTERED ON OR BEFORE THE EFFECTIVE
DATE OF THIS SECTION AND, IN ANY EVENT, SHALL ENSURE SEALING OF SUCH
CONVICTIONS IS COMPLETE NO LATER THAN THREE YEARS AFTER SUCH EFFECTIVE
DATE.
7. A CONVICTION WHICH IS SEALED PURSUANT TO THIS SECTION IS INCLUDED
WITHIN THE DEFINITION OF A CONVICTION FOR THE PURPOSES OF ANY CRIMINAL
PROCEEDING IN WHICH THE FACT OF A PRIOR CONVICTION WOULD ENHANCE A
PENALTY OR IS AN ELEMENT OF THE OFFENSE CHARGED.
8. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PERMIT SEALING OF A
CONVICTION BEFORE THE EXPIRATION OR TERMINATION OF A SENTENCE OF INCAR-
CERATION, PAROLE, PROBATION, OR POST-RELEASE SUPERVISION FOR SUCH
CONVICTION.
9. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO AFFECT OR INVALIDATE
ANY ACTIVE ORDER OF PROTECTION ISSUED IN RELATION TO A CONVICTION SEALED
UNDER THIS SECTION.
10. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE OR AUTHORIZE
THE DISCHARGE OF THE REQUIREMENT TO PAY ANY RESTITUTION, REPARATION,
FINES, SURCHARGES, OR FEES IMPOSED FOR A CONVICTION SEALED UNDER THIS
SECTION OR THE SEALING OF A CRIMINAL OR CIVIL PROCEEDING FOR THE
COLLECTION OF ANY SUCH AMOUNT DUE, UNLESS SUCH PROCEEDING IS OTHERWISE
ELIGIBLE FOR SEALING UNDER THIS SECTION OR ANY OTHER PROVISION OF LAW.
§ 3. Section 845-d of the executive law is amended by adding two new
subdivisions 4 and 5 to read as follows:
4. NOTHING IN THIS SECTION SHALL AUTHORIZE THE DIVISION TO PROVIDE
CRIMINAL HISTORY INFORMATION THAT IS SEALED PURSUANT TO SECTION 160.57
OF THE CRIMINAL PROCEDURE LAW TO AN ENTITY OTHER THAN THOSE AUTHORIZED
BY SUCH SECTION TO RECEIVE SUCH INFORMATION.
5. EXCEPT AS OTHERWISE REQUIRED BY LAW, EVERY ENTITY THAT RECEIVES
CRIMINAL HISTORY INFORMATION FOR CIVIL PURPOSES SHALL PROVIDE OR ENSURE
THE PROVISION OF A COPY OF SUCH CRIMINAL HISTORY INFORMATION TO EVERY
INDIVIDUAL FOR WHOM SUCH INFORMATION IS RECEIVED WITH A COPY OF ARTI-
CLE TWENTY-THREE-A OF THE CORRECTION LAW, AND THAT SUCH INDIVIDUAL BE
INFORMED OF THEIR RIGHT TO SEEK CORRECTION OF ANY INCORRECT INFORMA-
TION CONTAINED IN SUCH INFORMATION PURSUANT TO THE REGULATIONS AND
PROCEDURES ESTABLISHED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES.
§ 4. Subdivision 2 of section 212 of the judiciary law is amended by
adding two new paragraphs (dd) and (ee) to read as follows:
(DD) PROMULGATE A STANDARDIZED FORM AND PROCESS FOR INDIVIDUALS TO
NOTIFY THE OFFICE OF COURT ADMINISTRATION OF CONVICTIONS SUBJECT TO
SEALING UNDER SECTION 160.57 OF THE CRIMINAL PROCEDURE LAW, BUT FOR
WHICH THE OFFICE HAS NOT SEALED OR TAKEN THE REQUISITE ACTION FOR
RELATED RECORDS.
(EE) PROMULGATE A STANDARDIZED FORM AND PROCESS FOR INDIVIDUALS
AUTHORIZED TO REQUEST SEALED RECORDS PURSUANT TO SUBPARAGRAPH (XIII) OF
PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION 160.57 OF THE CRIMINAL
PROCEDURE LAW.
§ 5. Subdivision 16 of section 296 of the executive law, as amended by
section 2 of subpart O of part II of chapter 55 of the laws of 2019, 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
A. 1029--C 9
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
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
A. 1029--C 10
revoked and the case is restored to the calendar for further prose-
cution.
§ 6. Section 9 of the correction law, as added by section 2 of part OO
of chapter 56 of the laws of 2010, the section heading as amended by
chapter 322 of the laws of 2021, 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 [five] THREE years after the expira-
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].
§ 7. The civil rights law is amended by adding a new section 50-g to
read as follows:
§ 50-G. DISCLOSURE OF CONVICTIONS SEALED PURSUANT TO SECTION 160.57 OF
THE CRIMINAL PROCEDURE LAW. 1. ANY PERSON WHO HAS HAD A CONVICTION
SEALED PURSUANT TO SECTION 160.57 OF THE CRIMINAL PROCEDURE LAW MAY
BRING A CAUSE OF ACTION FOR DAMAGES AGAINST A PARTY WHO, WITHOUT CONSENT
OF SUCH PERSON, DISCLOSES SUCH SEALED CONVICTION WHERE: (A) THE RESPOND-
ENT OWED SUCH PERSON A DUTY OF CARE PURSUANT TO SUCH SECTION; (B) THE
RESPONDENT KNOWINGLY AND WILLFULLY BREACHED SUCH DUTY; (C) THE DISCLO-
SURE CAUSED INJURY TO SUCH PERSON; AND (D) RESPONDENT'S BREACH OF THAT
DUTY WAS A SUBSTANTIAL FACTOR IN THE EVENTS THAT CAUSED THE INJURY
SUFFERED BY SUCH PERSON. THE PROVISIONS OF THIS SECTION ARE IN ADDITION
TO, BUT SHALL NOT SUPERSEDE, ANY OTHER RIGHTS OR REMEDIES AVAILABLE IN
LAW OR EQUITY.
2. FOR PURPOSES OF THIS SECTION, A PARTY OWES A DUTY OF CARE TO A
PERSON WHO HAS HAD A CONVICTION SEALED PURSUANT TO SECTION 160.57 OF THE
CRIMINAL PROCEDURE LAW WHEN THE PARTY IS UNDER AN OBLIGATION PURSUANT TO
SUBDIVISION TWO OF SUCH SECTION TO SEAL INFORMATION, RECORDS, DOCUMENTS
OR PAPERS RELATED TO SUCH CONVICTION, OR WHEN THE PARTY OBTAINS ACCESS
TO RECORDS OF SUCH CONVICTION FOR A SPECIFIED PURPOSE PURSUANT TO PARA-
GRAPH (D) OF SUBDIVISION ONE, OR SUBDIVISION THREE OF SUCH SECTION.
§ 8. Paragraph (a) of subdivision 1 of section 837-n of the executive
law, as added by chapter 3 of the laws of 1998, is amended to read as
follows:
(a) "Caregiver" shall mean a person employed to provide [fifteen or
more hours of] care [per week] to a child or children, OR AN ELDERLY OR
VULNERABLE ADULT in the home of such a child [or], children, OR ELDERLY
OR VULNERABLE ADULT.
§ 9. Severability. If any provision of this act or the application
thereof to any person, corporation or circumstances is held invalid,
such invalidity shall not affect other provisions or applications of the
act which can be given effect without the invalid provision or applica-
A. 1029--C 11
tion, and to this end the provisions of this act are declared to be
severable.
§ 10. This act shall take effect one year after it shall have become a
law. Effective immediately, the addition, amendment and/or repeal of
any rule or regulation necessary for the implementation of this act on
its effective date are authorized to be made and completed on or before
such date.