Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to codes |
Jun 19, 2009 |
referred to rules |
Senate Bill S5958
2009-2010 Legislative Session
Sponsored By
(D, WF) Senate District
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
Actions
2009-S5958 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Add §160.57, amd §160.50, CP L
2009-S5958 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5958 TITLE OF BILL : An act to amend the criminal procedure law, in relation to sealing court records involving convictions for certain petty offenses This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of her Local Courts Advisory Committee. This measure would add a new section 160.57 to the Criminal Procedure Law to authorize the sealing of court records relating to convictions for petty offenses. Currently, section 160.55 of the Criminal Procedure Law authorizes the sealing of records relating to convictions for non-criminal petty offenses such as disorderly conduct or trespass, except for the petty offenses of loitering (Penal Law § 240.35(3)), loitering for the purpose of engaging in prostitution (Penal Law § 240.37(2)) and driving while ability impaired (Vehicle and Traffic Law § 1192(1)), which are expressly exempt from the scope of this provision. The records that are sealed under this provision are the files of the police department, the District Attorney's Office, and fingerprints on file with the Division of Criminal Justice Services. The official records and papers of such cases on file with the court, however, are
2009-S5958 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5958 2009-2010 Regular Sessions I N S E N A T E June 19, 2009 ___________ Introduced by Sen. SCHNEIDERMAN -- (at request of the Office of Court Administration) -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the criminal procedure law, in relation to sealing court records involving convictions for certain petty offenses THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The criminal procedure law is amended by adding a new section 160.57 to read as follows: S 160.57 APPLICATION FOR SEALING OF COURT RECORDS FOLLOWING TERMINATION OF CRIMINAL ACTION BY CONVICTION FOR NONCRIMINAL OFFENSE. 1. A PERSON CONVICTED OF A TRAFFIC INFRACTION OR A VIOLATION, OTHER THAN LOITERING AS DESCRIBED IN PARAGRAPH (D) OR (E) OF SUBDIVISION ONE OF SECTION 160.10 OF THIS CHAPTER OR OPERATING A MOTOR VEHICLE WHILE ABILITY IMPAIRED AS DESCRIBED IN SUBDIVISION ONE OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW, AND WHOSE CASE WAS SEALED PURSUANT TO SECTION 160.55 OF THIS ARTICLE, MAY MOVE IN ACCORD- ANCE WITH THE PROVISIONS OF THIS SECTION FOR AN ORDER SEALING THE COURT RECORD OF SUCH ACTION OR PROCEEDING. IN THE ABSENCE OF AN EARLIER APPLI- CATION FOR AN ORDER TO SEAL, THE RECORD OF A CONVICTION OF A TRAFFIC INFRACTION OR A VIOLATION PURSUANT TO THIS SUBDIVISION SHALL BE AUTOMAT- ICALLY SEALED BY OPERATION OF LAW THIRTY-SIX MONTHS FROM THE DATE OF SENTENCE, UNLESS THE PEOPLE FILE A NOTICE OF OPPOSITION UPON NOTICE TO THE DEFENDANT, NO LESS THAN TWENTY DAYS PRIOR TO THE SEALING DATE AND NO LATER THAN NINETY DAYS PRIOR TO THE EXPIRATION OF THIRTY-SIX MONTHS. 2. A MOTION TO SEAL MAY BE FILED IN WRITING WITH THE LOCAL CRIMINAL COURT OR SUPERIOR COURT IN WHICH THE CONVICTION AND SENTENCE OCCURRED NOT EARLIER THAN TWELVE MONTHS FOLLOWING THE DATE OF SENTENCE. SUCH MOTION MUST BE MADE UPON NOT LESS THAN TWENTY DAYS NOTICE TO THE DISTRICT ATTORNEY. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10475-01-9
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