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

                                  6472

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 21, 2011
                               ___________

Introduced  by M. of A. AUBRY -- read once and referred to the Committee
  on Codes

AN ACT to amend the criminal procedure law, in relation  to  termination
  of criminal action in favor of the accused

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

  Section 1. Section 160.50 of the criminal procedure law is amended  by
adding a new subdivision 5 to read as follows:
  5.  (A)  WHEN A CRIMINAL RECORD MAINTAINED BY THE DIVISION OF CRIMINAL
JUSTICE SERVICES PURSUANT TO SUBDIVISION SIX OF  SECTION  EIGHT  HUNDRED
THIRTY-SEVEN  OF  THE EXECUTIVE LAW CONTAINS INFORMATION ABOUT AN ARREST
DATED AFTER JANUARY FIRST,  TWO  THOUSAND  THIRTEEN,  BUT  THE  CRIMINAL
RECORD  CONTAINS NO DOCKET NUMBER OR OTHER INFORMATION ABOUT THE ARREST,
THE DIVISION, NO LATER THAN SIX MONTHS AFTER THE DATE OF  ARREST,  SHALL
SEND  A NOTICE TO THE PROSECUTOR'S OFFICE, THE CLERK OF THE COURT OF THE
LOCAL CRIMINAL COURT WHEREIN THE ARREST WOULD BE PROSECUTED, THE  OFFICE
OF COURT ADMINISTRATION, THE POLICE DEPARTMENT OR LAW ENFORCEMENT AGENCY
WHICH  TRANSMITTED  THE  FINGERPRINTS  OF  THE PERSON TO THE DIVISION OF
CRIMINAL JUSTICE SERVICES, THE DEPARTMENT OF CORRECTIONAL  SERVICES  AND
THE  LOCAL CORRECTIONAL FACILITY. SUCH NOTICE SHALL INFORM SUCH ENTITIES
THAT THE ARREST WILL BE CONSIDERED TERMINATED IN FAVOR  OF  SUCH  PERSON
AND  SEALED  IN  A  MANNER  CONSISTENT  WITH  SUBDIVISION  THREE OF THIS
SECTION, SIXTY DAYS FROM TRANSMISSION OF SAID NOTIFICATION, IF THE DIVI-
SION OF CRIMINAL JUSTICE SERVICES DOES NOT RECEIVE  INFORMATION  THAT  A
CRIMINAL INVESTIGATION OR PROSECUTION IS PROCEEDING. IF AFTER SIXTY DAYS
THE DIVISION OF CRIMINAL JUSTICE SERVICES RECEIVES NO INFORMATION THAT A
CRIMINAL INVESTIGATION OR PROSECUTION IS PROCEEDING, THE ARREST SHALL BE
CONSIDERED  TERMINATED  IN FAVOR OF SUCH PERSON AND BE SEALED IN ACCORD-
ANCE WITH THIS PARAGRAPH, AND THE DIVISION OF CRIMINAL JUSTICE  SERVICES
SHALL  SEND NOTICE OF SUCH SEALING TO SUCH ENTITIES. UPON SUCH NOTIFICA-
TION, ALL OFFICIAL RECORDS AND PAPERS RELATING TO THE ARREST,  INCLUDING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08356-01-1
              

A. 6472                             2

ALL  DUPLICATES  AND  COPIES THEREOF ON FILE WITH SUCH ENTITIES SHALL BE
SEALED AND NOT MADE AVAILABLE TO ANY PERSON OR PUBLIC OR  PRIVATE  AGEN-
CIES.  FOR  ARRESTS  THAT  OCCURRED PRIOR TO JANUARY FIRST, TWO THOUSAND
THIRTEEN,  SUCH NOTICE SHALL BE TRANSMITTED BY THE DIVISION UPON REQUEST
OF THE PERSON ACCUSED OR SUCH PERSON'S DESIGNATED AGENT.
  (B) WHEN A CRIMINAL RECORD MAINTAINED  BY  THE  DIVISION  OF  CRIMINAL
JUSTICE  SERVICES  PURSUANT  TO SUBDIVISION SIX OF SECTION EIGHT HUNDRED
THIRTY-SEVEN OF THE EXECUTIVE LAW INDICATES THAT AN  ACCUSATORY  INSTRU-
MENT  HAS  BEEN  FILED ON A CASE AFTER JANUARY FIRST, TWO THOUSAND THIR-
TEEN, THE LAST ACTION OF THE CASE HAS NOT BEEN THE ISSUANCE OF  A  BENCH
WARRANT,  NO ACTION HAS BEEN TAKEN ON THE CASE FOR A YEAR, AND NO DISPO-
SITION HAS BEEN RECORDED, THE DIVISION, NO LATER THAN  TWO  YEARS  AFTER
THE  DATE  OF  LAST  ACTION  ON  THE  CASE,  SHALL  SEND A NOTICE TO THE
PROSECUTOR'S OFFICE, THE CLERK OF THE COURT OF THE COURT WHERE THE ACCU-
SATORY INSTRUMENT WAS FILED, THE OFFICE  OF  COURT  ADMINISTRATION,  THE
POLICE  DEPARTMENT OR LAW ENFORCEMENT AGENCY WHICH TRANSMITTED THE FING-
ERPRINTS OF THE PERSON TO THE DIVISION OF CRIMINAL JUSTICE SERVICES, THE
DEPARTMENT OF CORRECTIONAL SERVICES AND THE LOCAL CORRECTIONAL FACILITY.
SUCH NOTICE SHALL INFORM SUCH ENTITIES THAT THE DOCKETED  CASE  WILL  BE
CONSIDERED  TERMINATED  IN  FAVOR  OF SUCH PERSON AND SEALED IN A MANNER
CONSISTENT WITH SUBDIVISION THREE OF THIS SECTION, SIXTY DAYS FROM TRAN-
SMISSION OF THE  NOTIFICATION,  IF  THE  DIVISION  OF  CRIMINAL  JUSTICE
SERVICES  DOES  NOT RECEIVE INFORMATION THAT A CRIMINAL INVESTIGATION OR
PROSECUTION IS PROCEEDING, A BENCH WARRANT IS OUTSTANDING, OR A DISPOSI-
TION HAS BEEN ENTERED IN THE CASE. IF AFTER SIXTY DAYS THE  DIVISION  OF
CRIMINAL  JUSTICE  SERVICES  RECEIVES  NO  INFORMATION THAT THE CRIMINAL
INVESTIGATION OR PROSECUTION IS PROCEEDING, A BENCH WARRANT IS OUTSTAND-
ING, OR A DISPOSITION HAS BEEN ENTERED IN THE CASE, THE CRIMINAL  ACTION
OR PROCEEDING SHALL BE CONSIDERED TERMINATED IN FAVOR OF SUCH PERSON AND
BE SEALED IN ACCORDANCE WITH THIS PARAGRAPH AND THE DIVISION OF CRIMINAL
JUSTICE  SERVICES  SHALL  SEND  NOTICE OF SUCH SEALING TO SUCH ENTITIES.
UPON SUCH NOTIFICATION, ALL OFFICIAL RECORDS AND PAPERS RELATING TO  THE
ARREST,  INCLUDING  ALL  DUPLICATES AND COPIES THEREOF ON FILE WITH SUCH
ENTITIES SHALL BE SEALED AND NOT MADE AVAILABLE TO ANY PERSON OR  PUBLIC
OR  PRIVATE  AGENCIES.  FOR  CASES INITIATED PRIOR TO JANUARY FIRST, TWO
THOUSAND THIRTEEN, SUCH NOTICE SHALL BE TRANSMITTED BY THE  DIVISION  OF
CRIMINAL  JUSTICE  SERVICES  UPON  REQUEST OF THE PERSON ACCUSED OR SUCH
PERSON'S DESIGNATED AGENT.
  S 2. This act shall take effect January 1, 2013.