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

                                  5093

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 12, 2015
                               ___________

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 FIFTEEN 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.
                                                           LBD07750-01-5
              

A. 5093                             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
FIFTEEN  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.