Senate Bill S211A

2023-2024 Legislative Session

Relates to the automatic sealing of certain convictions

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Codes 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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Bill Amendments

co-Sponsors

2023-S211 - Details

Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add §160.57, CP L; amd §§845-d, 837 & 296, Exec L; amd §9, Cor L
Versions Introduced in Other Legislative Sessions:
2019-2020: S8165
2021-2022: S1553

2023-S211 - Summary

Provides for automatic sealing of certain convictions after a certain passage of time from either imposition of sentence, release from parole or probation, and if the defendant does not have a current charge pending; excludes certain offenses; permits access by certain persons.

2023-S211 - Sponsor Memo

2023-S211 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    211
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sens.  MYRIE,  BAILEY, BRESLIN, BRISPORT, BROUK, CLEARE,
   COMRIE,  COONEY,  GIANARIS,  GOUNARDES,  HINCHEY,  HOYLMAN,   JACKSON,
   KAVANAGH,  KENNEDY, LIU, MAY, MAYER, RAMOS, SALAZAR, SANDERS, SEPULVE-
   DA, SERRANO -- read twice and ordered printed, and when printed to  be
   committed to the Committee on Codes
 
 AN  ACT  to  amend the criminal procedure law, the executive law and the
   correction  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. 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 AND VIOLATIONS OR ANY
 CRIME DEFINED IN THE LAWS OF THIS STATE SHALL BE  SEALED  IN  ACCORDANCE
 WITH PARAGRAPH (C) OF THIS SUBDIVISION 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 FOR MISDEMEANORS AND FELONIES SHALL BE SEALED
 UPON SATISFACTION OF THE FOLLOWING CONDITIONS:
   (I) AT LEAST THREE YEARS HAVE PASSED FROM THE IMPOSITION  OF  SENTENCE
 ON  THE DEFENDANT'S MOST RECENT MISDEMEANOR CONVICTION IN THIS STATE AND
 AT LEAST SEVEN YEARS HAVE PASSED SINCE THE IMPOSITION OF SENTENCE ON THE
 DEFENDANT'S MOST RECENT FELONY CONVICTION IN THIS STATE; IN  CALCULATING
 THE TIME PERIODS UNDER THIS SECTION, ANY PERIOD OF TIME DURING WHICH THE
 DEFENDANT  WAS  INCARCERATED  ON A DETERMINATE OR INDETERMINATE SENTENCE
 FOR A PERIOD OF AT LEAST ONE YEAR SHALL BE EXCLUDED AND SUCH TIME PERIOD
 SHALL BE EXTENDED BY A PERIOD EQUAL TO THE TIME SERVED UNDER SUCH INCAR-
 CERATION WITH SUCH PERIOD BEING CALCULATED FROM THE ORIGINAL  SENTENCING
 DATE,  NOTWITHSTANDING ANY MODIFICATION OR VACATUR OF THE ORIGINAL JUDG-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2023-S211A (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add §160.57, CP L; amd §§845-d, 837 & 296, Exec L; amd §9, Cor L
Versions Introduced in Other Legislative Sessions:
2019-2020: S8165
2021-2022: S1553

2023-S211A (ACTIVE) - Summary

Provides for automatic sealing of certain convictions after a certain passage of time from either imposition of sentence, release from parole or probation, and if the defendant does not have a current charge pending; excludes certain offenses; permits access by certain persons.

2023-S211A (ACTIVE) - Sponsor Memo

2023-S211A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  211--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sens.  MYRIE,  BAILEY, BRESLIN, BRISPORT, BROUK, CLEARE,
   COMRIE, COONEY, FERNANDEZ,  GIANARIS,  GONZALEZ,  GOUNARDES,  HINCHEY,
   HOYLMAN-SIGAL,  JACKSON,  KAVANAGH,  KENNEDY,  LIU, MAY, MAYER, RAMOS,
   RIVERA, SALAZAR, SANDERS, SEPULVEDA, SERRANO, WEBB -- 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 criminal procedure law, the executive  law  and  the
   correction   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.  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 AND VIOLATIONS  OR  ANY
 CRIME  DEFINED  IN  THE LAWS OF THIS STATE SHALL BE SEALED IN ACCORDANCE
 WITH PARAGRAPH (C) OF THIS SUBDIVISION 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 FOR MISDEMEANORS AND FELONIES SHALL BE SEALED
 UPON SATISFACTION OF THE FOLLOWING CONDITIONS:
   (I)  AT  LEAST THREE YEARS HAVE PASSED FROM THE IMPOSITION OF SENTENCE
 ON THE DEFENDANT'S MOST RECENT MISDEMEANOR CONVICTION IN THIS STATE  AND
 AT LEAST SEVEN YEARS HAVE PASSED SINCE THE IMPOSITION OF SENTENCE ON THE
 DEFENDANT'S  MOST RECENT FELONY CONVICTION IN THIS STATE; IN CALCULATING
 THE TIME PERIODS UNDER THIS SECTION, ANY PERIOD OF TIME DURING WHICH THE
 DEFENDANT WAS INCARCERATED ON A DETERMINATE  OR  INDETERMINATE  SENTENCE
 FOR A PERIOD OF AT LEAST ONE YEAR SHALL BE EXCLUDED AND SUCH TIME PERIOD
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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