NY State Senate Bill 2015-S8047

Archive: Last Bill Status - In Senate Committee Rules 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 07, 2016	referred to rules

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2015-S8047 (ACTIVE) - Details

See Assembly Version of this Bill:: A10092
Current Committee:: Senate Rules
Law Section:: Penal Law
Laws Affected:: Amd §221.05, Pen L; amd §160.50, CP L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S3809, A2142
2019-2020: A933

2015-S8047 (ACTIVE) - Summary

Relates to sealing records for certain proceedings that terminate in favor of the accused where the charges relate to the possession of marihuana.

2015-S8047 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S8047

 TITLE OF BILL :  An act to amend the penal law and the criminal
procedure law, in relation to sealing records for certain proceedings

 PURPOSE :

To permit the sealing of certain marijuana-possession convictions
under section 221.10 of the Penal Law.

 SUMMARY OF PROVISIONS :

Section 1 of the bill amends section 221.05 of the Penal Law, New
York's basic possession of marijuana statute. It provides that a
previous conviction under subdivision one of section 221.10 of the
penal law shall not result in an increase in the maximum fine for a
subsequent conviction under PL § 221.05, the basic marijuana statute.
Subdivision one of PL § 221.10 prohibits knowingly and unlawfully
possessing in a public place marijuana that is burning or open to
public view.

Section 2 of the bill adds 221.10 of the Penal Law to the list of
offenses included in paragraph (k) of subdivision 3 for which sealing
of records is required upon conviction. Further, it prohibits a waiver
of sealing as part of a plea agreement.

Section 3 of the bill makes retroactive certain aspects of this bill
by providing a mechanism for persons convicted under 221.10, and in
certain circumstances 221.05, prior to the effective date of the bill,
to have those records sealed.

 JUSTIFICATION :

Under New York law, possession of 25 grams of marijuana or less is a
violation, treated under PL 221.05 as essentially a traffic offense.
However, often individuals possessing a small amount of marijuana are
charged with a misdemeanor offense under section 221.10 of the penal
law. This is largely due the requirement in current law that the
marijuana not be burning in a public place or in public view. It has
been widely reported that police officers sometimes request or demand
that suspects empty their pockets or purse-- and then charge them
under the misdemeanor law based on "public view" exposure of the
substance"*

Many of the cases brought under § 221.10 (1), charging small-quantity
possession of marijuana in a public place and open to public view,
could be handled effectively with an appearance ticket and a potential
fine, and without the stigma and consequences that may follow a
misdemeanor- level conviction. However, instead of achieving
decriminalization of marijuana, as was intended in the 1977 statute ,
individuals throughout New York are still facing misdemeanor
prosecution for the simple possession of a small amount of marijuana.

In 2014, nearly 28,000 arrests were made in New York City and nearly
4,000 outside of NYC for possession of marijuana, an average of 2,339
per month.** A permanent criminal record is the most enduring and long
lasting cost of these arrests. Records of arrests and convictions are
now are readily accessible to the public. Employers, landlords, credit
agencies, licensing boards, and student loan providers routinely
search databases for background checks on applicants. Nurses, security
guards, home health aides and others licensed by the state may be at
risk of losing their licenses and jobs based on one misdemeanor
conviction. For the immigrant population, such a conviction may,
depending on the circumstances, result in deportation from the United
States. Landlords and public housing authorities may seek to evict a
person as a result of such a conviction. While an individual
misdemeanor conviction for possession of marijuana often does not
result in jail time, such a conviction may have the effect of exposing
an individual to significant legal difficulties and a lifetime of
collateral consequences.

Furthermore, these effects are disproportionately felt in New York's
African American and Latino communities. According to the New York
State Division of Criminal Justice Services, 50.47 percent of those
arrested for possession of marijuana in 2015 were African American,
and 38.18 percent of the persons arrested were Latino.*** While
studies show that white persons use marijuana at comparable rates,
only 8 percent of those arrested for possession of marijuana are
white. **** Thus, the crippling consequences of such an arrest or
conviction mainly impact only the minority segment of our population.

This bill is necessary not only to limit the stigma and collateral
consequences associated with a conviction for basic marijuana
possession, behavior the Legislature has already sought to
decriminalize, but also to address the rampant disparity that exists
regarding the implementation and effect of these laws.

 PRIOR LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

Minimal.

 EFFECTIVE DATE :
This act shall take effect on the sixtieth day after it has become
law.
*See People v Johnson, 2016 N.Y. Misc. LEX1S 629, 2016 NY Slip Op
26057 (N.Y. City Crim. Ct. Mar. 2, 2016) **New York State Division of
Criminal Justice Services. Ages 16 and older. All arrests where
marijuana possession was the only or highest charge.
1-Itt://marijuana-arrests.com/ May 2014.

2015-S8047 (ACTIVE) - Bill Text download pdf

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

                                  8047

                            I N  S E N A T E

                              June 7, 2016
                               ___________

Introduced  by  Sen. HASSELL-THOMPSON -- read twice and ordered printed,
  and when printed to be committed to the Committee on Rules

AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
  relation to sealing records for certain proceedings

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

  Section 1. Section 221.05 of the penal law, as added by chapter 360 of
the laws of 1977, is amended to read as follows:
S 221.05 Unlawful possession of marihuana.
  A person is guilty of unlawful possession of marihuana when  he  know-
ingly and unlawfully possesses marihuana.
  Unlawful  possession  of marihuana is a violation punishable only by a
fine of not more than one hundred dollars. However, where the  defendant
has  previously  been  convicted of [an offense] A CRIME defined in this
article, EXCEPT A CRIME  DEFINED  IN  SECTION  221.10  OF  THIS  ARTICLE
PROVIDED,  HOWEVER,  THAT  THE RECORD OF SUCH CONVICTION DOES NOT DEMON-
STRATE A CONVICTION UNDER SUBDIVISION TWO OF  SUCH  SECTION  221.10,  or
article 220 of this chapter, committed within the three years immediate-
ly  preceding  such violation, it shall be punishable (a) only by a fine
of not more than two hundred dollars, if the  defendant  was  previously
convicted of one such offense committed during such period, and (b) by a
fine  of  not more than two hundred fifty dollars or a term of imprison-
ment not in excess of fifteen days or both, if the defendant was  previ-
ously convicted of two such offenses committed during such period.
  S  2. Paragraph (k) of subdivision 3 of section 160.50 of the criminal
procedure law, as added by chapter 835 of the laws of 1977 and as relet-
tered by chapter 192 of the laws of 1980, is amended as follows:
  (k) (i) The accusatory instrument alleged a violation of  article  two
hundred  twenty  or section 240.36 of the penal law, prior to the taking
effect of article  two  hundred  twenty-one  of  the  penal  law,  or  a
violation  of  article two hundred twenty-one of the penal law; (ii) the
sole  controlled  substance  involved  is  marijuana;  AND   (iii)   the
conviction  was  only  for a violation or violations[; and (iv) at least
three years have passed since the offense occurred] OF SECTION 221.10 OF

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

                                                           LBD14793-04-6

S. 8047                             2

THE PENAL LAW PROVIDED, HOWEVER, THAT THE RECORD OF SUCH CONVICTION DOES
NOT DEMONSTRATE A CONVICTION  UNDER  SUBDIVISION  TWO  OF  SUCH  SECTION
221.10,  OR  FOR  A  PETTY  OFFENSE OR OFFENSES.   NO DEFENDANT SHALL BE
REQUIRED  OR PERMITTED TO WAIVE ELIGIBILITY FOR SEALING PURSUANT TO THIS
PARAGRAPH AS PART OF A PLEA OF GUILTY, SENTENCE OR ANY AGREEMENT RELATED
TO A CONVICTION FOR A VIOLATION OF SECTION 221.05 OR SECTION  221.10  OF
THE  PENAL LAW AND ANY SUCH WAIVER SHALL BE DEEMED VOID AND WHOLLY UNEN-
FORCEABLE.
  S 3. Section 160.50 of the criminal procedure law is amended by adding
three new subdivisions 5, 6 and 7 to read as follows:
  5. A PERSON CONVICTED OF A VIOLATION OF SECTION 221.10  OF  THE  PENAL
LAW,  OTHER  THAN  A  CONVICTION  AFTER  TRIAL OF, OR PLEA OF GUILTY TO,
SUBDIVISION TWO OF SUCH SECTION 221.10, PRIOR TO THE EFFECTIVE  DATE  OF
THIS SUBDIVISION MAY UPON MOTION APPLY TO THE COURT IN WHICH SUCH TERMI-
NATION  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 ATTORNEY DEMONSTRATES THAT THE INTERESTS OF JUSTICE REQUIRE
OTHERWISE.
  6. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW EXCEPT  AS  PROVIDED
IN PARAGRAPH (D) OF SUBDIVISION ONE OF THIS SECTION AND PARAGRAPH (E) OF
SUBDIVISION  FOUR OF SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE EXECUTIVE
LAW: (I) WHEN THE DIVISION  OF  CRIMINAL  JUSTICE  SERVICES  CONDUCTS  A
SEARCH  OF ITS CRIMINAL HISTORY RECORDS, MAINTAINED PURSUANT TO SUBDIVI-
SION SIX OF SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE EXECUTIVE LAW, AND
RETURNS A REPORT THEREON, ALL REFERENCES TO A CONVICTION FOR A VIOLATION
OF SECTION 221.10 OF THE PENAL LAW, OTHER THAN A CONVICTION AFTER  TRIAL
OF,  OR PLEA OF GUILTY TO, SUBDIVISION TWO OF SUCH SECTION 221.10, SHALL
BE EXCLUDED FROM SUCH REPORT; AND (II) THE CHIEF  ADMINISTRATOR  OF  THE
COURTS  SHALL DEVELOP AND PROMULGATE RULES AS MAY BE NECESSARY TO ENSURE
THAT NO WRITTEN OR ELECTRONIC REPORT OF A CRIMINAL HISTORY RECORD SEARCH
CONDUCTED BY THE OFFICE OF  COURT  ADMINISTRATION  CONTAINS  INFORMATION
RELATING  TO A CONVICTION FOR A VIOLATION OF SECTION 221.10 OF THE PENAL
LAW, OTHER THAN A CONVICTION AFTER TRIAL  OF,  OR  PLEA  OF  GUILTY  TO,
SUBDIVISION  TWO OF SUCH SECTION 221.10, UNLESS SUCH SEARCH IS CONDUCTED
SOLELY FOR A BONA FIDE RESEARCH PURPOSE, PROVIDED THAT SUCH INFORMATION,
IF SO DISSEMINATED, SHALL BE DISSEMINATED IN ACCORDANCE WITH  PROCEDURES
ESTABLISHED BY THE CHIEF ADMINISTRATOR OF THE COURTS TO ASSURE THE SECU-
RITY  AND  PRIVACY  OF  IDENTIFICATION AND INFORMATION DATA, WHICH SHALL
INCLUDE THE EXECUTION OF AN AGREEMENT WHICH PROTECTS THE CONFIDENTIALITY
OF THE INFORMATION AND REASONABLY PROTECTS AGAINST DATA LINKAGE TO INDI-
VIDUALS.
  (B) NOTHING CONTAINED IN THIS SUBDIVISION SHALL BE DEEMED TO PERMIT OR
REQUIRE THE RELEASE, DISCLOSURE OR OTHER DISSEMINATION BY  THE  DIVISION
OF  CRIMINAL  JUSTICE  SERVICES OR THE OFFICE OF COURT ADMINISTRATION OF
CRIMINAL HISTORY RECORD INFORMATION THAT HAS BEEN SEALED  IN  ACCORDANCE
WITH LAW.
  7.  A  PERSON  CONVICTED OF A VIOLATION OF SECTION 221.05 OF THE PENAL
LAW SHALL,  ON  THE  EFFECTIVE  DATE  OF  THIS  SUBDIVISION,  HAVE  SUCH
CONVICTION  IMMEDIATELY  SEALED  PURSUANT  TO  SUBDIVISION  ONE  OF THIS
SECTION IF SUCH CONVICTION OCCURRED LESS THAN THREE YEARS PRIOR TO  SUCH
EFFECTIVE DATE.
  S  4.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

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Senate Bill S8047

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

co-Sponsors

2015-S8047 (ACTIVE) - Details

2015-S8047 (ACTIVE) - Summary

2015-S8047 (ACTIVE) - Sponsor Memo

2015-S8047 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8047

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Sponsored By

Ruth Hassell-Thompson

Archive: Last Bill Status - In Senate Committee Rules Committee

co-Sponsors

Brad Hoylman-Sigal

Liz Krueger

Bill Perkins

Gustavo Rivera

2015-S8047 (ACTIVE) - Details

2015-S8047 (ACTIVE) - Summary

2015-S8047 (ACTIVE) - Sponsor Memo

2015-S8047 (ACTIVE) - Bill Text download pdf

Comments