Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to codes |
Jun 15, 2009 |
referred to codes |
Assembly Bill A8911
2009-2010 Legislative Session
Sponsored By
FIELDS
Archive: Last Bill Status - In Assembly 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
Actions
multi-Sponsors
Clifford Crouch
2009-A8911 (ACTIVE) - Details
- See Senate Version of this Bill:
- S5684
- Current Committee:
- Assembly Codes
- Law Section:
- Executive Law
- Laws Affected:
- Rpld §160.58, CP L; amd §296, Exec L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
A6067, S1992
2013-2014: A2277, S2507
2015-2016: A4157, S1470
2017-2018: A2334, S2994
2019-2020: A4718
2009-A8911 (ACTIVE) - Sponsor Memo
BILL NUMBER:A8911 TITLE OF BILL: An act to amend the executive law, in relation to inquiries about certain sealed convictions; and to repeal section 160.58 of the criminal procedure law relating to conditional sealing of certain controlled substances, marihuana or specified offense convictions PURPOSE OR GENERAL IDEA OF BILL: This bill would repeal the sealing provision of the so-called "Rockefeller Drug Law Reform" enacted as a part of New York State's 2009-2010 Budget, which allows criminal courts, on notice to the prosecutor, to seal the criminal records of felons upon their successful completion of "drug court," and would restore the ability of prospective employers to obtain accurate criminal background checks. SUMMARY OF SPECIFIC PROVISIONS: Section 1: Repeals CPL 150.68 which authorizes a criminal court on its own motion, or upon motion of the defendant, and on notice to the prosecutor, to seal all records of the current prosecution for Class B, C, D and E drug felonies, in addition to a number of non-drug offenses enumerated in CPL 410.91, if a defendant successfully completes a "diversion" program, i.e., drug court. The section to be repealed further allows the Court to seal up to three previous drug misdemeanors in addition to the pending felony or felonies. Section 2: Makes a conforming change to Executive Law 296. Section 3: Effective date - immediately
2009-A8911 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8911 2009-2010 Regular Sessions I N A S S E M B L Y June 15, 2009 ___________ Introduced by M. of A. FIELDS -- read once and referred to the Committee on Codes AN ACT to amend the executive law, in relation to inquiries about certain sealed convictions; and to repeal section 160.58 of the crimi- nal procedure law relating to conditional sealing of certain controlled substances, marihuana or specified offense convictions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 160.58 of the criminal procedure law is REPEALED. S 2. Subdivision 16 of section 296 of the executive law, as separately amended by section 3 of part N and section 14 of part AAA of chapter 56 of the laws of 2009, 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 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 proce- dure law [or by a conviction which is sealed pursuant to section 160.58 of the criminal procedure law], in connection with the licensing, employment 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- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14086-01-9
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