Senate Bill S2194A

2023-2024 Legislative Session

Creates the office of expungement and automatic sealing

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-S2194 - Details

Current Committee:
Senate Codes
Law Section:
Executive Law
Laws Affected:
Add §837-x, Exec L
Versions Introduced in 2021-2022 Legislative Session:
S5518

2023-S2194 - Summary

Creates the office of expungement and automatic sealing within the division of criminal justice services to oversee the sealing and expungement of certain convictions.

2023-S2194 - Sponsor Memo

2023-S2194 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2194
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2023
                                ___________
 
 Introduced  by  Sens.  BAILEY,  JACKSON, MYRIE -- read twice and ordered
   printed, and when printed to be committed to the Committee on Codes
 
 AN ACT to amend the executive  law,  in  relation  to  establishing  the
   office of expungement 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.  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,  160.57,  160.58
 OR 160.59 OF THE CRIMINAL PROCEDURE LAW.
   (B)  "OFFICE"  SHALL  MEAN THE OFFICE OF EXPUNGEMENT AS ESTABLISHED BY
 THIS SECTION.
   2. ESTABLISHMENT OF OFFICE. THERE IS  HEREBY  ESTABLISHED  WITHIN  THE
 DIVISION  OF  CRIMINAL  JUSTICE SERVICES THE OFFICE OF EXPUNGEMENT 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;
   (D)  ADVISE  THE  GOVERNOR AND THE LEGISLATURE ON THE IMPACT OF HAVING
 ELIGIBLE CONVICTIONS SEALED AND/OR EXPUNGED; AND
   (E) DEVELOP STANDARDS, GUIDELINES, AND  BEST  PRACTICES  FOR  ENSURING
 ACCURATE AND TIMELY SEALING AND/OR EXPUNGEMENT OF ELIGIBLE CONVICTIONS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03159-01-3
 S. 2194                             2

co-Sponsors

2023-S2194A (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Executive Law
Laws Affected:
Add §837-x, Exec L
Versions Introduced in 2021-2022 Legislative Session:
S5518

2023-S2194A (ACTIVE) - Summary

Creates the office of expungement and automatic sealing within the division of criminal justice services to oversee the sealing and expungement of certain convictions.

2023-S2194A (ACTIVE) - Sponsor Memo

2023-S2194A (ACTIVE) - Bill Text download pdf 

                             
                     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

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