Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 04, 2012 |
referred to codes |
Jun 01, 2011 |
referred to codes |
Senate Bill S5541
2011-2012 Legislative Session
Sponsored By
(R) 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
2011-S5541 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7288
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Add §160.57, amd §160.60, CP L
2011-S5541 (ACTIVE) - Sponsor Memo
BILL NUMBER:S5541 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 ("CPL") to authorize the sealing of the court records relating to convictions for petty offenses. Currently, CPL section 160.55 authorizes the sealing of records relating to the conviction for a non-criminal petty offense such as a traffic infraction or violation, 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 exempted from the scope of this provision. The records that are sealed under this provision of law are the official records and papers relating to the arrest and prosecution of non-criminal petty offenses maintained by the police department, the District Attorney's Office, and fingerprints on file with the Division of Criminal
2011-S5541 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5541 2011-2012 Regular Sessions I N S E N A T E June 1, 2011 ___________ Introduced by Sen. SALAND -- (at request of the Office of Court Adminis- tration) -- 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 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 OR PROCEEDING BY CONVICTION FOR NONCRIMI- NAL OFFENSE. 1. A PERSON CONVICTED OF A TRAFFIC INFRACTION OR A VIOLATION, OTHER THAN LOITERING AS DESCRIBED IN PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION 160.10 OF THIS ARTICLE OR OPERATING A MOTOR VEHICLE WHILE ABILI- TY 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 ACCORDANCE WITH THE PROVISIONS OF THIS SECTION FOR AN ORDER SEALING THE COURT RECORD OF SUCH ACTION OR PROCEEDING. IN THE ABSENCE OF AN EARLIER APPLICATION FOR AN ORDER TO SEAL, THE RECORD OF A CONVICTION OF A TRAFFIC INFRACTION OR A VIOLATION PURSUANT TO THIS SUBDIVISION SHALL BE AUTOMATICALLY 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 EARLIER THAN NINETY DAYS AND NO LATER THAN TWENTY 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. LBD11070-01-1
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