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

                                  2897

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2013
                               ___________

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 FIFTEEN, 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.
                                                           LBD06008-01-3
              

A. 2897                             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
FIFTEEN,  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 FIFTEEN,
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  FIFTEEN,  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, 2015.