Senate Bill S6492

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6492
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              March 14, 2025
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- 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 making  tech-
   nical corrections to the clean slate law to correct issues relating to
   multicategory  conviction  dockets  and the conviction-specific super-
   vision prohibitor
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (b)  of subdivision 1 of section 160.57 of the
 criminal procedure law, as added by chapter 631 of the laws of 2023,  is
 amended to read as follows:
   (b)  Criminal  convictions  shall  be  sealed upon satisfaction of the
 following conditions:
   (i) for a misdemeanor conviction, at least  three  years  have  passed
 from  the  defendant's  release  from incarceration or the imposition of
 sentence if there was no sentence of incarceration. If the defendant  is
 subsequently  convicted  of  a crime before a prior conviction is sealed
 pursuant to this  section,  the  calculation  of  time  for  such  prior
 conviction shall start upon the same date as the time calculation starts
 for the subsequent criminal conviction;
   (ii)  for  a  felony conviction, at least eight years have passed from
 the date the defendant was last  released  from  incarceration  for  the
 sentence  of  the conviction eligible for sealing or from the imposition
 of sentence if there was no sentence  of  incarceration.  A  defendant's
 detention for an alleged violation of parole or post-release supervision
 shall  not  interfere with the time calculation prescribed herein unless
 and until supervision is revoked resulting in the  defendant's  reincar-
 ceration. If the defendant is subsequently convicted of a crime before a
 prior  conviction is sealed pursuant to this section, the calculation of
 time for such prior conviction shall start upon the  same  date  as  the
 time calculation starts for the subsequent criminal conviction;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10779-01-5
              

 S. 6492                             2
 
   (iii)  FOR  ANY  CONVICTIONS  OF INFRACTIONS OR NONCRIMINAL VIOLATIONS
 FROM A  DOCKET  OR  ACCUSATORY  INSTRUMENT  FROM  WHICH  OTHER  CRIMINAL
 CONVICTIONS  ALSO  ORIGINATED, ALL SUCH OTHER CRIMINAL CONVICTIONS STEM-
 MING FROM SUCH SAME  DOCKET  OR  ACCUSATORY  INSTRUMENT  HAVE  OTHERWISE
 BECOME ELIGIBLE FOR SEALING PURSUANT TO THIS SECTION;
   (IV) WHERE ALL OTHER CRIMINAL CONVICTIONS STEMMING FROM THE SAME DOCK-
 ET  OR  ACCUSATORY  INSTRUMENT  ARE  ALSO OTHERWISE ELIGIBLE FOR SEALING
 PURSUANT TO THIS SECTION;
   (V) the defendant does not have a subsequent criminal  charge  pending
 in this state;
   [(iv)]  (VI)  the  defendant is not currently under the supervision of
 any probation or parole department  [for  the  conviction  eligible  for
 sealing];
   [(v)]  (VII)  the  conviction  is  not for an offense defined as a sex
 offense or sexually violent offense under  section  one  hundred  sixty-
 eight-a of the correction law;
   [(vi)]  (VIII)  the  conviction  is  not  for a class A felony offense
 defined in the penal law, other than class A felony offenses defined  in
 article two hundred twenty of the penal law;
   [(vii)] (IX) the defendant is a natural person;
   [(viii)]  (X)  the  defendant does not have a subsequent felony charge
 pending in another jurisdiction that is not a felony charge  related  to
 reproductive  or  gender  affirming  care  or the possession of cannabis
 which would not constitute a felony in New York. This subparagraph shall
 apply if and  when  appropriate  federal  authorities  grant  access  to
 records  necessary  to query to effectuate the purposes of this subpara-
 graph in an automated manner; and
   [(ix)] (XI) the defendant does not have a subsequent felony conviction
 in another jurisdiction in the preceding eight years that is not a felo-
 ny conviction related to reproductive or gender affirming  care  or  the
 possession  of cannabis which would not constitute a felony in New York.
 This subparagraph shall apply if and when appropriate  federal  authori-
 ties  grant  access  to  records  necessary  to  query to effectuate the
 purposes of this subparagraph in an automated manner.
   § 2. This act shall take effect immediately.