NY State Senate Bill 2017-S2765

Archive: Last Bill Status - In Senate Committee Codes 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to codes
Jan 17, 2017	referred to codes

2017-S2765 (ACTIVE) - Details

See Assembly Version of this Bill:: A2893
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §160.60, CP L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S6702, A9088
2019-2020: S6006, A3329
2021-2022: S3517, A3285
2023-2024: S1660, A2392

2017-S2765 (ACTIVE) - Summary

Relates to the effect of termination of criminal actions and proceedings against a minor.

2017-S2765 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2765

 TITLE OF BILL :  An act to amend the criminal procedure law, in
relation to the effect of termination of criminal actions and
proceedings against a minor

 PURPOSE :

To provide minors who have a criminal proceeding terminated in their
favor to have their arrest record, fingerprints, and photographs
expunged if the minor has no previous arrest record.

 SUMMARY OF PROVISIONS :

Section one of this bill amends Criminal Procedure Law section 160.60
to provide that when a minor has a criminal proceeding terminated in
his or her favor, his or her arrest record, fingerprints, and
photographs connected with such terminated proceeding, shall be
expunged if the minor has no previous arrest record.

Section two of this bill provides that this act shall take effect
immediately.

 EXISTING LAW :

Criminal Procedure Law section 160.60 provides that when a criminal

proceeding is terminated in favor of the accused, the accused's arrest
is deemed to be a nullity.

 JUSTIFICATION :

Although the current law deems the arrest of a person whose criminal
proceeding is terminated in his or her behalf a nullity, it does not
require that the accused's arrest records, fingerprints and
photographs for such alleged crime be expunged. This bill would
require those records to be expunged when the person whose criminal
proceeding is terminated in their favor is a minor with no prior
arrest record.

Arrest records can have a negative impact on a person's future. When a
minor with a clean record has a criminal proceeding terminated in his
or her favor, the minor should have his or her arrest record,
fingerprints and photographs expunged because the arrest is treated as
a nullity. Expunging these records gives the minor the chance to keep
his or her record clean. This will provide the minor with the ability
to move forward and make a positive contribution to society.

 LEGISLATIVE HISTORY :

2016: S.6702 - Referred to Codes

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S2765 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2765
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2017
                                ___________
 
 Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the criminal procedure law, in relation to the effect of
   termination of criminal actions and proceedings against a minor
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 160.60 of the criminal procedure law, as amended by
 chapter 877 of the laws of 1976, is amended to read as follows:
 § 160.60 Effect  of  termination  of  criminal  actions  in favor of the
            accused.
   1. Upon the termination of a criminal action or proceeding  against  a
 person in favor of such person, as defined in subdivision [two] THREE of
 section  160.50  of  this  [chapter] ARTICLE, the arrest and prosecution
 shall be deemed a nullity and the accused shall be restored, in  contem-
 plation  of  law, to the status he occupied before the arrest and prose-
 cution.  The arrest or prosecution shall not operate as a  disqualifica-
 tion  of  any  person  so  accused  to  pursue  or  engage in any lawful
 activity, occupation, profession, or calling.  Except where specifically
 required or permitted by statute or upon  specific  authorization  of  a
 superior  court, no such person shall be required to divulge information
 pertaining to the arrest or prosecution.
   2. UPON THE TERMINATION OF A CRIMINAL ACTION OR PROCEEDING  AGAINST  A
 MINOR PURSUANT TO SECTION 160.50 OF THIS ARTICLE, ALL PHOTOGRAPHS, FING-
 ERPRINTS,  PALMPRINTS,  AND  ARREST  RECORDS  RELATED  TO SUCH ACTION OR
 PROCEEDING SHALL BE EXPUNGED ONLY IF SUCH  MINOR  HAS  NO  PRIOR  ARREST
 RECORD.  FOR PURPOSES OF THIS ARTICLE, "MINOR" SHALL HAVE THE SAME MEAN-
 ING AS JUVENILE OFFENDER AS DEFINED BY SUBDIVISION FORTY-TWO OF  SECTION
 1.20 OF THIS CHAPTER.
   § 2. This act shall take effect immediately.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04780-01-7

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Senate Bill S2765

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

2017-S2765 (ACTIVE) - Details

2017-S2765 (ACTIVE) - Summary

2017-S2765 (ACTIVE) - Sponsor Memo

2017-S2765 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2765

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Sponsored By

Martin J. Golden

Archive: Last Bill Status - In Senate Committee Codes Committee

2017-S2765 (ACTIVE) - Details

2017-S2765 (ACTIVE) - Summary

2017-S2765 (ACTIVE) - Sponsor Memo

2017-S2765 (ACTIVE) - Bill Text download pdf

Comments