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

                                  7770

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 4, 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  sealing  of
  dismissals and violations that are more than twenty years old

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

  Section 1. Subdivision 4 of section 160.50 of the  criminal  procedure
law,  as amended by chapter 905 of the laws of 1977 and as renumbered by
chapter 142 of the laws of 1991, is amended to read as follows:
  4. A person in whose favor a criminal action or proceeding was  termi-
nated,  as defined in [paragraph] PARAGRAPHS (a) through (h), (K) OR (L)
of subdivision [two] THREE of this section, prior to the effective  date
of  [this  section,  may  upon  motion  apply to the court in which such
termination occurred, upon not less  than  twenty  days  notice  to  the
district  attorney,  for an order granting to such person the relief set
forth in subdivision one of this section, and such order shall be grant-
ed unless the district attorney demonstrates to the satisfaction of  the
court that the interests of justice require otherwise. A person in whose
favor  a  criminal  action  or  proceeding was terminated, as defined in
paragraph (i) or (j) of subdivision two of this section,  prior  to  the
effective  date of this section, may apply to the appropriate prosecutor
or police agency for a certification as described in said paragraph  (i)
or  (j)  granting  to such person the relief set forth therein, and such
certification shall be granted by such prosecutor or police agency]  THE
CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH AMENDED THIS SUBDIVI-
SION, AND WHOSE RECORDS HAVE NOT BEEN SEALED PURSUANT TO SUBDIVISION ONE
OF  THIS  SECTION, MAY APPLY TO HAVE THE RECORDS OF SUCH CRIMINAL ACTION
OR PROCEEDING SEALED AT THE CLERK'S OFFICE FOR THE COURT  IN  WHICH  THE
CRIMINAL ACTION OR PROCEEDING WAS TERMINATED. APPLICATION MAY BE MADE BY
THE  PERSON OR BY HIS OR HER ATTORNEY. UPON A DETERMINATION BY THE CLERK
THAT THE ACTION OR PROCEEDING WAS TERMINATED IN THE  PERSON'S  FAVOR  AS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11245-01-3
              

A. 7770                             2

DEFINED  IN  SUBDIVISION  THREE  OF THIS SECTION, THE CLERK OF THE COURT
SHALL IMMEDIATELY NOTIFY THE COMMISSIONER AND THE HEADS OF ALL APPROPRI-
ATE POLICE DEPARTMENTS AND  OTHER  LAW  ENFORCEMENT  AGENCIES  THAT  THE
ACTION  HAS  BEEN TERMINATED IN FAVOR OF THE ACCUSED AND THAT THE RECORD
OF SUCH ACTION OR PROCEEDING SHALL BE SEALED. UPON RECEIPT OF  NOTIFICA-
TION OF SUCH TERMINATION AND SEALING, ALL RECORDS RELATING TO THE CRIMI-
NAL  ACTION SHALL BE SEALED, AS REQUIRED UNDER PARAGRAPH (C) OF SUBDIVI-
SION ONE OF THIS SECTION, AND ALL PHOTOGRAPHS,  PHOTOGRAPHIC  PLATES  OR
PROOFS,  PALM  PRINTS AND FINGERPRINTS SHALL BE DESTROYED OR RETURNED AS
SPECIFIED IN PARAGRAPHS (A) OR (B) OF SUBDIVISION ONE OF THIS SECTION.
  S 2. Subdivision 3 of section 160.55 of the criminal procedure law, as
amended by chapter 249 of the laws of 1981 and as renumbered by  chapter
142 of the laws of 1991, is amended to read as follows:
  3.  A  person  against whom a criminal action or proceeding was termi-
nated by such person's conviction of a traffic infraction  or  violation
other  than  a  violation of loitering as described in paragraph (d) [or
(e)] of subdivision one  of  section  160.10  of  this  chapter  or  the
violation  of  operating  a  motor  vehicle  while  ability  impaired as
described in subdivision one of section eleven hundred ninety-two of the
vehicle and traffic law, prior to the effective date of  [this  section,
may  upon  motion apply to the court in which such termination occurred,
upon not less than twenty days notice to the district attorney,  for  an
order granting to such person the relief set forth in subdivision one of
this section, and such order shall be granted unless the district attor-
ney  demonstrates to the satisfaction of the court that the interests of
justice require otherwise] THE CHAPTER OF THE LAWS OF TWO THOUSAND THIR-
TEEN WHICH AMENDED THIS SUBDIVISION, AND WHOSE  RECORDS  HAVE  NOT  BEEN
SEALED  PURSUANT  TO  SUBDIVISION ONE OF THIS SECTION, MAY APPLY TO HAVE
THE RECORDS OF SUCH CRIMINAL ACTION OR PROCEEDING SEALED AT THE  CLERK'S
OFFICE  FOR  THE  COURT  IN  WHICH THE CRIMINAL ACTION OR PROCEEDING WAS
TERMINATED. APPLICATION MAY BE MADE BY THE DEFENDANT OR BY  HIS  OR  HER
ATTORNEY.  UPON A DETERMINATION BY THE CLERK THAT THE COURT DID NOT FIND
THAT THE INTERESTS OF JUSTICE REQUIRED THAT THE CASE NOT BE  SEALED,  AS
DEFINED IN SUBDIVISION ONE OF THIS SECTION, THE CLERK OF THE COURT SHALL
IMMEDIATELY  NOTIFY THE COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE
SERVICES AND THE HEADS OF ALL APPROPRIATE POLICE DEPARTMENTS  AND  OTHER
LAW  ENFORCEMENT  AGENCIES  THAT THE RECORD OF SUCH ACTION OR PROCEEDING
SHALL BE SEALED. UPON RECEIPT OF NOTIFICATION OF  SUCH  TERMINATION  AND
SEALING, ALL RECORDS RELATING TO THE CRIMINAL ACTION SHALL BE SEALED, AS
REQUIRED UNDER PARAGRAPH (C) OF SUBDIVISION ONE OF THIS SECTION, AND ALL
PHOTOGRAPHS, PHOTOGRAPHIC PLATES OR PROOFS, PALM PRINTS AND FINGERPRINTS
SHALL BE DESTROYED OR RETURNED AS SPECIFIED IN PARAGRAPHS (A) AND (B) OF
SUBDIVISION  ONE  OF  THIS  SECTION. THIS SUBDIVISION SHALL NOT APPLY TO
CASES IN WHICH THE COURT DECLINED TO SEAL  FOR  REASONS  STATED  ON  THE
RECORD,  PURSUANT  TO SUBDIVISION ONE OF THIS SECTION. WHEN AN APPLICANT
UNDER THIS SUBDIVISION PRESENTS TO THE COURT CLERK  FINGERPRINT  RECORDS
FROM THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES OR A COURT
DISPOSITION  WHICH INDICATE THAT A CRIMINAL ACTION OR PROCEEDING AGAINST
THE APPLICANT RESULTED IN A SEALABLE CONVICTION,  BUT  SUPPORTING  COURT
RECORDS  CANNOT  BE  LOCATED,  HAVE  BEEN  DESTROYED, OR DO NOT INDICATE
WHETHER THE COURT ORDERED THAT THE CASE NOT BE SEALED, THE CLERK OF  THE
COURT  WHEREIN  SUCH  CRIMINAL ACTION OR PROCEEDING WAS TERMINATED SHALL
PROCEED AS IF THE MATTER HAD BEEN SO TERMINATED.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have become law.