NY State Senate Bill 2009-S2167

Senate Bill S2167

2009-2010 Legislative Session

Enacts the "Clear Your Good Name Act"; requires all state and municipal law enforcement agencies to expunge references to and records of voidable arrests

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Archive: Last Bill Status - In Senate Committee Codes 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to codes
Feb 12, 2009	referred to codes

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2009-S2167 (ACTIVE) - Details

See Assembly Version of this Bill:: A3350
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Add §160.65, CP L

2009-S2167 (ACTIVE) - Summary

Enacts the "Clear Your Good Name Act"; requires all state and municipal law enforcement agencies to expunge references to and records of "voidable arrests", as defined herein; provides criminal penalties for knowing violation of duty to expunge or for releasing a record of a voidable arrest which should have been expunged; provides for statistical reporting without identification of the person arrested of the number of voidable arrests and the number of records expunged pursuant to this act, and for reporting by the attorney general of such numbers to both houses of the legislature at least annually.

2009-S2167 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2167

 TITLE OF BILL :  An act to amend the criminal procedure law, in
relation to enacting the "Clear Your Good Name Act" to require state
and municipal law enforcement agencies to expunge voidable arrest
records

 PURPOSE :

Enacts the "Clear Your Good Name Act"; requires all state and
municipal law enforcement agencies to expunge references to and
records of voidable arrests.

 SUMMARY OF PROVISIONS :

The criminal procedure law is amended by adding a new section § 160.65
to read as follows: Expungement of voidable arrest references and
records. "Voidable Arrest" means any arrest resulting in: Release of
the person without the filing of formal charges, dismissal of
proceedings against the person, or a determination that the arrest was
without probable cause. Any reference in any state or municipal law
enforcement agency record of an arrest of a person living after the
effective date of this section, and any state or municipal law
enforcement agency record generated pursuant to that arrest, shall be
expunged: Not later than thirty days after the date on which that
arrest becomes a voidable arrest of a person living after the

effective date of this section.

 JUSTIFICATION :

Many good, law abiding people are mistakenly arrested and then
released after it is determined that they are innocent. In New York
City alone, the prosecutors declined to prosecute approximately 12,500
people who were arrested. When this happens, arrest records can be
created that may unfairly prejudice opportunities for schooling,
employment, professional licenses and housing. These are innocent
individuals who have done nothing wrong. There is no reason they
should be marked for life.

The bill defines a "Voidable arrest" as any arrest resulting in the
release of the person without the filing of formal charges, dismissal
of proceedings against the person arrested, or a determination that
the arrest was without probable cause. The bill would require
expungement of certain state and municipal arrest records and under
legislation pending in the US Congress, New York could be eligible for
financial benefits if the congress enacts the bill. Utah, Missouri,
Indiana and Louisiana currently have laws on the books to expunge
voided arrest records.

 PRIOR LEGISLATIVE HISTORY :

2001-02: A.9307
2005-06: S.1180
2007-08: S.2483

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect on the first day of November next
succeeding the date on which it shall have become a law.

2009-S2167 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2167

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 12, 2009
                               ___________

Introduced  by  Sens.  PARKER,  DIAZ,  DILAN, HASSELL-THOMPSON, KRUEGER,
  MONTGOMERY, ONORATO, SAMPSON, SCHNEIDERMAN -- 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 enacting the
  "Clear Your Good Name Act" to require state and municipal law enforce-
  ment agencies to expunge voidable arrest records

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short  title. This act shall be known and may be cited as
the "Clear Your Good Name Act".
  S 2. The criminal procedure law is amended by  adding  a  new  section
160.65 to read as follows:
S 160.65 EXPUNGEMENT OF VOIDABLE ARREST REFERENCES AND RECORDS.
  1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE TERM:
  (A)  "ARREST"  MEANS ANY STOP, DETENTION OR RESTRICTION OF MOVEMENT OF
ANY PERSON MADE BY ANY OFFICER OR EMPLOYEE OF A STATE OR  MUNICIPAL  LAW
ENFORCEMENT  AGENCY;  OR  MADE BY A PRIVATE SECURITY GUARD OR CITIZEN OR
OTHER PERSON IF THE PERSON STOPPED OR  DETAINED  OR  WHOSE  MOVEMENT  IS
RESTRICTED  IS  SUBSEQUENTLY  SURRENDERED BY THE PRIVATE SECURITY GUARD,
CITIZEN OR OTHER PERSON TO THE CUSTODY OF ANY  OFFICER  OR  EMPLOYEE  OR
INDEPENDENT CONTRACTOR OF A STATE OR MUNICIPAL LAW ENFORCEMENT AGENCY.
  (B) "RECORD" SHALL BE CONSTRUED BROADLY AND MEANS ANY FORM OF INFORMA-
TION  OR  EVIDENCE  CONTAINED, PRESERVED OR MEMORIALIZED UPON ANY MEDIUM
WHATSOEVER, INCLUDING BUT NOT LIMITED TO, ANY FORM OF PAPER OR ELECTRON-
IC MEDIUM, OR ANY COMBINATION THEREOF, AND  SHALL  INCLUDE  BUT  NOT  BE
LIMITED  TO,  FINGERPRINT RECORDS, PHOTOGRAPHS AND ANY OTHER IDENTIFICA-
TION RECORDS INCLUDING, BUT NOT LIMITED TO, DNA EVIDENCE.
  (C) "STATE OR MUNICIPAL LAW ENFORCEMENT AGENCY" MEANS THE DIVISION  OF
CRIMINAL  JUSTICE  SERVICES, THE DIVISION OF STATE POLICE, ANY MUNICIPAL
POLICE DEPARTMENT IN THE STATE, ANY OTHER BUREAU,  DEPARTMENT,  DIVISION
OR  AGENCY  OF THE STATE OR OF A MUNICIPALITY OR OF ANY PUBLIC AUTHORITY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01813-01-9

S. 2167                             2

WHICH BUREAU,  DEPARTMENT,  DIVISION  OR  AGENCY  IS  CHARGED  WITH  LAW
ENFORCEMENT  RESPONSIBILITIES  ON  BEHALF  OF THE STATE, MUNICIPALITY OR
PUBLIC AUTHORITY, ANY PROSECUTORIAL OFFICE INCLUDING,  BUT  NOT  LIMITED
TO, THE OFFICE OF THE ATTORNEY GENERAL (STATE DEPARTMENT OF LAW) AND THE
OFFICE OF ANY DISTRICT ATTORNEY, OR ANY COURT AND THE JUSTICES AND JUDG-
ES THEREOF.
  (D) "VOIDABLE ARREST" MEANS ANY ARREST RESULTING IN ANY OF THE FOLLOW-
ING:
  (I) RELEASE OF THE PERSON WITHOUT THE FILING OF FORMAL CHARGES AGAINST
THE PERSON.
  (II) DISMISSAL OF PROCEEDINGS AGAINST THE PERSON.
  (III) A DETERMINATION THAT THE ARREST WAS WITHOUT PROBABLE CAUSE.
  2.  REFERENCES IN STATE OR MUNICIPAL LAW ENFORCEMENT AGENCY RECORDS TO
VOIDABLE ARRESTS.
  (A) IN GENERAL. ANY REFERENCE IN ANY STATE OR MUNICIPAL  LAW  ENFORCE-
MENT  AGENCY  RECORD TO AN ARREST OF A PERSON LIVING AFTER THE EFFECTIVE
DATE OF THIS SECTION, AND ANY STATE OR MUNICIPAL LAW ENFORCEMENT  AGENCY
RECORD GENERATED PURSUANT TO THAT ARREST, SHALL BE EXPUNGED:
  (I)  NOT  LATER  THAN  THIRTY DAYS AFTER THE DATE ON WHICH THAT ARREST
BECOMES A VOIDABLE ARREST, IF THE ARREST OCCURRED ON OR AFTER THE EFFEC-
TIVE DATE OF THIS SECTION; OR
  (II) TO THE EXTENT PROVIDED IN  A  COURT  EXPUNGEMENT  ORDER,  IF  THE
ARREST OCCURRED BEFORE THE EFFECTIVE DATE OF THIS SECTION.
  (B)  COURT  EXPUNGEMENT  ORDER.  ANY PERSON LIVING AFTER THE EFFECTIVE
DATE OF THIS SECTION MAY PETITION A COURT  HAVING  JURISDICTION  OVER  A
STATE  OR  MUNICIPAL  LAW  ENFORCEMENT AGENCY OR OVER A CUSTODIAN OF ANY
RECORD WHO IS EMPLOYED BY,  OR  CHARGED  WITH  RESPONSIBILITY  FOR  SUCH
RECORD  BY,  SUCH  AGENCY  FOR  A COURT EXPUNGEMENT ORDER REFERRED TO IN
SUBPARAGRAPH (II) OF PARAGRAPH (A) OF THIS  SUBDIVISION.  IF  THE  COURT
FINDS  THAT  THE  ARREST IS A VOIDABLE ARREST, THE COURT SHALL ORDER THE
CUSTODIAN OF THE RECORD TO EXPUNGE, NOT LATER THAN THIRTY DAYS AFTER THE
RECEIPT OF THE ORDER:
  (I) ANY REFERENCE TO THAT ARREST; AND
  (II) ANY RECORD GENERATED PURSUANT TO THAT ARREST.
  (C) REGULATIONS. THE ATTORNEY GENERAL, IN CONSULTATION WITH THE OFFICE
OF COURT ADMINISTRATION, SHALL PROMULGATE REGULATIONS TO ENSURE  COMPLI-
ANCE WITH THE REQUIREMENTS OF PARAGRAPH (A) OF THIS SUBDIVISION.
  (D)  PENALTIES.  A  CUSTODIAN  OF  SUCH RECORDS WHO KNOWINGLY FAILS TO
EXPUNGE A REFERENCE OR RECORD REQUIRED TO BE EXPUNGED BY  THIS  SUBDIVI-
SION,  OR RELEASES A REFERENCE OR RECORD REQUIRED TO BE EXPUNGED BY THIS
SUBDIVISION, SHALL BE DEEMED TO BE ACTING OUTSIDE THE SCOPE  OF  HIS  OR
HER  EMPLOYMENT  AND  SHALL BE SUSPENDED FROM EMPLOYMENT FOR THIRTY DAYS
AND SUBJECT TO A FINE OF NOT MORE THAN FIVE THOUSAND DOLLARS. ANY SECOND
OR SUBSEQUENT VIOLATION OF THIS  SECTION  BY  THE  SAME  EMPLOYEE  SHALL
CONSTITUTE  GROUNDS  FOR  DISMISSAL  FROM  SUCH  STATE  OR MUNICIPAL LAW
ENFORCEMENT AGENCY'S EMPLOYMENT.
  (E) RIGHT OF INDIVIDUAL WITH VOIDABLE ARREST. IF AN ARREST IS A VOIDA-
BLE ARREST, THE PERSON ARRESTED MAY RESPOND TO ANY INQUIRY AS THOUGH THE
ARREST DID NOT OCCUR.
  3. MAINTENANCE AND STATISTICAL REPORTING WITHOUT IDENTIFICATION OF THE
PERSON ARRESTED OF THE NUMBER OF VOIDABLE  ARRESTS  AND  THE  NUMBER  OF
VOIDABLE  ARREST RECORDS EXPUNGED. EVERY STATE OR MUNICIPAL LAW ENFORCE-
MENT AGENCY SHALL MAINTAIN FOR STATISTICAL  PURPOSES  ONLY  AND  WITHOUT
IDENTIFICATION  OF ANY PERSON ARRESTED THE CUMULATIVE NUMBER OF VOIDABLE
ARRESTS MADE  OR  PROCESSED  BY  AN  OFFICER,  EMPLOYEE  OR  INDEPENDENT
CONTRACTOR OF SUCH LAW ENFORCEMENT AGENCY, IN ACCORDANCE WITH SUCH DIVI-

S. 2167                             3

SIONS OF TIME AS ARE PRESCRIBED BY THE ATTORNEY GENERAL, AND THE CUMULA-
TIVE  NUMBER  OF  VOIDABLE ARREST RECORDS EXPUNGED, DIVIDED ACCORDING TO
THE SAME TIME PERIODS, AND SHALL REPORT SUCH  STATISTICS  IN  ELECTRONIC
FORM TO THE ATTORNEY GENERAL AS OFTEN AS THE ATTORNEY GENERAL REQUIRES.
  4.  REPORTING BY THE ATTORNEY GENERAL TO THE LEGISLATURE. THE ATTORNEY
GENERAL SHALL CUMULATE ALL STATISTICS RECEIVED BY THE  ATTORNEY  GENERAL
PURSUANT  TO  SUBDIVISION THREE OF THIS SECTION AND SHALL FILE A WRITTEN
REPORT AT LEAST ANNUALLY TO EACH HOUSE OF THE LEGISLATURE, WHICH  REPORT
SHALL  CONTAIN  THE  TOTAL  NUMBER OF VOIDABLE ARRESTS MADE IN THE STATE
DURING THE PRECEDING PERIOD SINCE STATISTICAL RECORDS WERE KEPT PURSUANT
TO SUBDIVISION THREE OF THIS SECTION OR SINCE THE  LAST  REPORT  OF  THE
ATTORNEY  GENERAL, AS THE CASE MAY BE, AND THE NUMBER OF VOIDABLE ARREST
RECORDS WHICH WERE EXPUNGED IN THE STATE DURING THAT PERIOD  OR  PERIODS
OF TIME.
  5.  APPLICATION  OF  THE PROVISIONS OF THIS SECTION. THE PROVISIONS OF
THIS SECTION SHALL APPLY NOTWITHSTANDING ANY OTHER PROVISION OF LAW.
  6. SEPARABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, OR SUBDIVISION OF
THIS SECTION SHALL BE ADJUDGED BY A COURT OF COMPETENT  JURISDICTION  TO
BE  INVALID,  SUCH  JUDGMENT  SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE
REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERATION TO THE CLAUSE,
SENTENCE, PARAGRAPH, SUBDIVISION OF THIS SECTION  DIRECTLY  INVOLVED  IN
THE CONTROVERSY IN WHICH SUCH JUDGMENT SHALL HAVE BEEN RENDERED.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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