Senate Bill S3300

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3300
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2025
                                ___________
 
 Introduced  by  Sen.  WEIK  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the executive law and the correction law, in relation to
   the automatic sealing of certain convictions; and  to  repeal  section
   160.57  of  the  criminal  procedure law and section 50-g of the civil
   rights law and certain provisions of the executive law and the judici-
   ary law relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 160.57 of the criminal procedure law is REPEALED.
   §  2.  Subdivisions  4 and 5 of section 845-d of the executive law are
 REPEALED.
   § 3. Paragraphs (dd) and (ee) of subdivision 2 of section 212  of  the
 judiciary law are REPEALED.
   § 4. Subdivision 16 of section 296 of the executive law, as amended by
 chapter 631 of the laws of 2023, 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
 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03787-01-5
              

 S. 3300                             2
 
 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
 revoked and the case is restored to  the  calendar  for  further  prose-
 cution.
   § 5. Section 9 of the correction law, as amended by chapter 614 of the
 laws of 2024, 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-
 S. 3300                             3
 
 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 [three] FIVE 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; provided further,
 however,  that  any  such  website  that allows the public to search for
 incarcerated individual information shall be programmed in such a manner
 that the search may be successful by input of the incarcerated  individ-
 ual's  current  name,  any former legal name or any other known alias of
 the incarcerated individual.
   § 6. Section 50-g of the civil rights law is REPEALED.
   § 7. This act shall take effect immediately; provided,  however,  that
 if  chapter  614  of  the laws of 2024 shall not have taken effect on or
 before such date then section five of this act shall take effect on  the
 same  date  and  in the same manner as such chapter of the laws of 2024,
 takes effect.