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Senate Bill S2297

2025-2026 Legislative Session

Modifies the effect of termination of criminal actions and proceedings against a minor

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Current Bill Status - In Senate Committee Codes Committee

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2025-S2297 (ACTIVE) - Details

See Assembly Version of this Bill:
A3042
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §160.60, CP L
Versions Introduced in Other Legislative Sessions:
2015-2016: S6702, A9088
2017-2018: S2765, A2893
2019-2020: S6006, A3329
2021-2022: S3517, A3285
2023-2024: S1660, A2392

2025-S2297 (ACTIVE) - Summary

Provides for the expungement of certain records following the termination of criminal actions and proceedings against certain minors.

2025-S2297 (ACTIVE) - Sponsor Memo

2025-S2297 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2297
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2025
                                ___________
 
 Introduced  by  Sen.  BAILEY -- 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 the effect of
   termination of criminal actions and proceedings against a minor
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 160.60 of the criminal procedure law, as amended by
 chapter 877 of the laws of 1976, is amended to read as follows:
 § 160.60 Effect  of  termination  of  criminal  actions  in favor of the
            accused.
   1. Upon the termination of a criminal action or proceeding  against  a
 person in favor of such person, as defined in subdivision [two] THREE of
 section  160.50  of  this  [chapter] ARTICLE, the arrest and prosecution
 shall be deemed a nullity and the accused shall be restored, in  contem-
 plation  of  law,  to  the  status  [he] SUCH PERSON occupied before the
 arrest and prosecution. The arrest or prosecution shall not operate as a
 disqualification of any person so accused to pursue  or  engage  in  any
 lawful  activity,  occupation,  profession,  or  calling.   Except where
 specifically required or permitted by statute or upon specific  authori-
 zation  of a superior court, no such person shall be required to divulge
 information pertaining to the arrest or prosecution.
   2. UPON THE TERMINATION OF A CRIMINAL ACTION OR PROCEEDING  AGAINST  A
 MINOR PURSUANT TO SECTION 160.50 OF THIS ARTICLE, ALL PHOTOGRAPHS, FING-
 ERPRINTS,  PALMPRINTS,  AND  ARREST  RECORDS  RELATED  TO SUCH ACTION OR
 PROCEEDING SHALL BE EXPUNGED ONLY IF SUCH  MINOR  HAS  NO  PRIOR  ARREST
 RECORD.  FOR PURPOSES OF THIS ARTICLE, "MINOR" SHALL HAVE THE SAME MEAN-
 ING AS JUVENILE OFFENDER AS DEFINED BY SUBDIVISION FORTY-TWO OF  SECTION
 1.20 OF THIS CHAPTER.
   § 2. This act shall take effect immediately.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03914-01-5

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