senate Bill S3071

2023-2024 Legislative Session

Enables prosecutors to access orders of protection issued in association with sealed prior domestic violence cases

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate

  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 09, 2023 referred to codes
delivered to assembly
passed senate
Mar 16, 2023 advanced to third reading
Mar 15, 2023 2nd report cal.
Mar 13, 2023 1st report cal.469
Jan 27, 2023 referred to codes


S3071 (ACTIVE) - Details

See Assembly Version of this Bill:
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§160.50 & 160.55, CP L
Versions Introduced in Other Legislative Sessions:
2019-2020: S7127, A9540
2021-2022: S404, A3422

S3071 (ACTIVE) - Summary

Enables prosecutors to access orders of protection issued in association with sealed prior domestic violence cases if the offender commits a new domestic violence offense.

S3071 (ACTIVE) - Sponsor Memo

S3071 (ACTIVE) - Bill Text download pdf

                     S T A T E   O F   N E W   Y O R K
                        2023-2024 Regular Sessions
                             I N  S E N A T E
                             January 27, 2023
 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 AN  ACT to amend the criminal procedure law, in relation to sealed prior
   domestic violence cases

   Section  1.  Paragraph  (d)  of subdivision 1 of section 160.50 of the
 criminal procedure law, as amended by chapter 449 of the laws  of  2015,
 is amended to read as follows:
   (d)  such  records shall be made available to the person accused or to
 such person's designated agent, and shall be made  available  to  (i)  a
 prosecutor in any proceeding in which the accused has moved for an order
 pursuant  to  section  170.56  or  210.46 of this chapter, or (ii) a law
 enforcement agency OR A PROSECUTOR 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, if such
 agency OR PROSECUTOR demonstrates to the satisfaction of the court  that
 justice requires that such records be made available to it, or (iii) any
 state or local officer or agency with responsibility for the issuance of
 licenses to possess guns, when the accused has made application for such
 a  license,  or  (iv)  the  New York state department of corrections and
 community supervision when the accused is on  parole  supervision  as  a
 result  of  conditional  release  or a parole release granted by the New
 York state board of parole, and the arrest which is the subject  of  the
 inquiry  is  one  which occurred while the accused was under such super-
 vision, or (v) 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  applica-
 tion  for  employment  as  a  police officer or peace officer; provided,
 however, that every person who is  an  applicant  for  the  position  of
 police  officer  or  peace officer shall be furnished with a copy of all
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.


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