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

                                  7683

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 30, 2013
                               ___________

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

AN ACT to amend the criminal procedure law, in relation to  the  use  of
  sealed records

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

  Section 1. Paragraphs (c) and (d) of subdivision 1 of  section  160.50
of  the  criminal procedure law, paragraph (c) as amended by chapter 169
of the laws of 1994, paragraph (d) as amended by section 73 of subpart B
of part C of chapter 62 of the laws of 2011,  are  amended  to  read  as
follows:
  (c) all official records and papers, including judgments and orders of
a  court  but  not  including  published  court decisions or opinions or
records and briefs on appeal, relating to  the  arrest  or  prosecution,
including  all  duplicates and copies thereof, on file with the division
of criminal justice services, any court, police agency, or  prosecutor's
office  shall  be  sealed  and  not  made  available to, OR USED FOR ANY
PURPOSE NOT SPECIFICALLY AUTHORIZED BY LAW BY any person  or  public  or
private  agency,  EVEN  IF  THE RECORDS WERE PREVIOUSLY OBTAINED BY SUCH
PERSON OR PUBLIC OR PRIVATE AGENCY;
  (d) [such] THE records REFERRED TO IN PARAGRAPH (C) OF  THIS  SUBDIVI-
SION  shall  ONLY  be  made  available  to, AND MAY ONLY BE USED BY, the
person accused or to such person's designated agent, and shall  ONLY  be
made  available  to,  AND  MAY  ONLY BE USED BY: (i) a prosecutor in any
proceeding in which the accused has  moved  for  an  order  pursuant  to
section  170.56  or  210.46  of  this chapter, or (ii) a law enforcement
agency upon ex parte motion in any superior court, if such agency demon-
strates to the satisfaction of the court that justice requires that such
records be made available to it, or (iii) any state or local officer  or
agency with responsibility for the issuance of licenses to possess guns,
when  the  accused  has made application for such a license, or (iv) the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11253-01-3
              

A. 7683                             2

New York state department of corrections and community supervision  when
the  accused is on parole supervision as a result of conditional release
or a parole release granted by the New York state board of  parole,  and
the  arrest  which  is  the subject of the inquiry is one which occurred
while the accused was under such supervision,  or  (v)  any  prospective
employer of a police officer or peace officer as those terms are defined
in  subdivisions  thirty-three  and  thirty-four of section 1.20 of this
chapter, in relation to an application for employment as a police  offi-
cer  or  peace  officer;  provided, however, that every person who is an
applicant for the position of police officer or peace officer  shall  be
furnished  with  a copy of all records obtained under this paragraph and
afforded an opportunity to make an  explanation  thereto,  or  (vi)  the
probation department responsible for supervision of the accused when the
arrest  which  is the subject of the inquiry is one which occurred while
the accused was under such supervision; and
  S 2. Paragraphs (c) and (d) of subdivision 1 of section 160.55 of  the
criminal  procedure  law, paragraph (c) as amended by chapter 169 of the
laws of 1994, paragraph (d) as amended by section 74  of  subpart  B  of
part  C  of  chapter  62  of  the  laws  of 2011, are amended to read as
follows:
  (c) all official records and papers relating to the arrest  or  prose-
cution,  including  all  duplicates and copies thereof, on file with the
division of criminal justice services, police  agency,  or  prosecutor's
office  shall  be  sealed  and  not  made  available to, OR USED FOR ANY
PURPOSE NOT SPECIFICALLY AUTHORIZED BY LAW BY any person  or  public  or
private  agency,  EVEN  IF  THE RECORDS WERE PREVIOUSLY OBTAINED BY SUCH
PERSON OR PUBLIC OR PRIVATE AGENCY;
  (d) the records referred to in paragraph (c) of this subdivision shall
ONLY be made available to, AND MAY ONLY BE USED BY, the  person  accused
or  to  such person's designated agent, and shall ONLY be made available
to, AND MAY ONLY BE USED BY: (i) a prosecutor in any proceeding in which
the accused has moved for an order pursuant to section 170.56 or  210.46
of  this  chapter, or (ii) a law enforcement agency upon ex parte motion
in any superior court, if such agency demonstrates to  the  satisfaction
of  the  court that justice requires that such records be made available
to it, or (iii) any state or local officer or agency with responsibility
for the issuance of licenses to possess guns, when the accused has  made
application for such a license, or (iv) the New York state department of
corrections  and  community supervision when the accused is under parole
supervision as a result of conditional release or parole release granted
by the New York state board of  parole  and  the  arrest  which  is  the
subject of the inquiry is one which occurred while the accused was under
such supervision, or (v) the probation department responsible for super-
vision  of  the  accused  when  the  arrest  which is the subject of the
inquiry is one which occurred while the accused was  under  such  super-
vision, or (vi) a police agency, probation department, sheriff's office,
district attorney's office, department of correction of any municipality
and  parole  department,  for  law  enforcement purposes, upon arrest in
instances in which the individual stands convicted of harassment in  the
second  degree, as defined in section 240.26 of the penal law, committed
against a member of the same family or household as  the  defendant,  as
defined in subdivision one of section 530.11 of this chapter, and deter-
mined  pursuant  to subdivision eight-a of section 170.10 of this title;
and

A. 7683                             3

  S 3. Subdivision 4 of section 160.58 of the criminal procedure law, as
added by section 3 of part AAA of chapter 56 of the  laws  of  2009,  is
amended to read as follows:
  4.  When a court orders sealing pursuant to this section, all official
records  and  papers  relating  to  the   arrests,   prosecutions,   and
convictions,  including  all duplicates and copies thereof, on file with
the division of criminal justice services or any court shall  be  sealed
and  not  made  available  to,  OR USED FOR ANY PURPOSE NOT SPECIFICALLY
AUTHORIZED BY LAW BY, any person or public or private  agency,  EVEN  IF
THE RECORDS WERE PREVIOUSLY OBTAINED BY SUCH PERSON OR PUBLIC OR PRIVATE
AGENCY;  provided,  however, the division shall retain any fingerprints,
palmprints and photographs, or digital images of the same.
  S 4. Subdivision 6 of section 160.58 of the criminal procedure law, as
added by section 3 of part AAA of chapter 56 of the  laws  of  2009,  is
amended to read as follows:
  6.  Records  sealed  pursuant  to  this subdivision shall ONLY be made
available to, AND MAY ONLY BE USED BY:
  (a) the defendant or the defendant's designated agent;
  (b) qualified agencies, as defined  in  subdivision  nine  of  section
eight  hundred  thirty-five  of the executive law, and federal and state
law enforcement agencies, when acting within  the  scope  of  their  law
enforcement duties; or
  (c)  any  state or local officer or agency with responsibility for the
issuance of licenses to possess guns, when the person has made  applica-
tion for such a license; or
  (d)  any  prospective employer of a police officer or peace officer as
those terms are defined in subdivisions thirty-three and thirty-four  of
section  1.20 of this chapter, in relation to an application for employ-
ment as a police officer or peace officer; provided, however, that every
person who is an applicant for the position of police officer  or  peace
officer  shall  be  furnished  with a copy of all records obtained under
this paragraph and afforded an opportunity to make an explanation there-
to.
  S 5. Subdivision 2 of section 720.35 of the criminal procedure law, as
amended by section 87 of subpart B of part C of chapter 62 of  the  laws
of 2011, is amended to read as follows:
  2.  Except where specifically required or permitted by statute or upon
specific authorization of the court, all official  records  and  papers,
whether on file with the court, a police agency or the division of crim-
inal justice services, relating to a case involving a youth who has been
adjudicated  a  youthful  offender, are confidential and may not be made
available to, OR USED FOR ANY PURPOSE NOT SPECIFICALLY AUTHORIZED BY LAW
BY, any person or public or private agency, EVEN  IF  THE  RECORDS  WERE
PREVIOUSLY  OBTAINED  BY  SUCH PERSON OR PUBLIC OR PRIVATE AGENCY, other
than the designated  educational  official  of  the  public  or  private
elementary  or  secondary  school  in  which  the youth is enrolled as a
student provided that such local educational official  shall  only  have
made  available  a notice of such adjudication and shall not have access
to any other official records and papers, such  youth  or  such  youth's
designated  agent (but only where the official records and papers sought
are on file with a court and request therefor is made to that  court  or
to a clerk thereof), an institution to which such youth has been commit-
ted,  the  department  of  corrections  and  community supervision and a
probation department of this state that requires such  official  records
and  papers  for the purpose of carrying out duties specifically author-
ized by law; provided, however, that information regarding an  order  of

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protection  or  temporary order of protection issued pursuant to section
530.12 of this chapter or a warrant issued in connection  therewith  may
be maintained on the statewide automated order of protection and warrant
registry established pursuant to section two hundred twenty-one-a of the
executive  law during the period that such order of protection or tempo-
rary order of protection is in full force and  effect  or  during  which
such  warrant may be executed. Such confidential information may be made
available pursuant to law only for purposes of adjudicating or enforcing
such order of protection or temporary order  of  protection  and,  where
provided  to  a  designated  educational official, as defined in section
380.90 of this chapter, for purposes related to  the  execution  of  the
student's  educational plan, where applicable, successful school adjust-
ment and reentry into the community. Such  notification  shall  be  kept
separate  and  apart  from  such  student's  school records and shall be
accessible only by the designated educational official.  Such  notifica-
tion  shall  not  be  part of such student's permanent school record and
shall not be appended to or included in any documentation regarding such
student and shall be destroyed at such time as such student is no longer
enrolled in the school district. At no time shall such  notification  be
used for any purpose other than those specified in this subdivision.
  S  6.  This  act shall take effect on the ninetieth day after it shall
have become a law.