S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4254
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2019
                                ___________
 
 Introduced  by M. of A. AUBRY -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the criminal procedure law, in relation  to  termination
   of criminal action in favor of the accused
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 160.50 of the criminal procedure law is amended  by
 adding a new subdivision 5 to read as follows:
   5.  (A)  WHEN A CRIMINAL RECORD MAINTAINED BY THE DIVISION OF CRIMINAL
 JUSTICE SERVICES PURSUANT TO SUBDIVISION SIX OF  SECTION  EIGHT  HUNDRED
 THIRTY-SEVEN  OF  THE EXECUTIVE LAW CONTAINS INFORMATION ABOUT AN ARREST
 DATED AFTER JANUARY FIRST, TWO THOUSAND  TWENTY-ONE,  BUT  THE  CRIMINAL
 RECORD  CONTAINS NO DOCKET NUMBER OR OTHER INFORMATION ABOUT THE ARREST,
 THE DIVISION, NO LATER THAN SIX MONTHS AFTER THE DATE OF  ARREST,  SHALL
 SEND  A NOTICE TO THE PROSECUTOR'S OFFICE, THE CLERK OF THE COURT OF THE
 LOCAL CRIMINAL COURT WHEREIN THE ARREST WOULD BE PROSECUTED, THE  OFFICE
 OF COURT ADMINISTRATION, THE POLICE DEPARTMENT OR LAW ENFORCEMENT AGENCY
 WHICH  TRANSMITTED  THE  FINGERPRINTS  OF  THE PERSON TO THE DIVISION OF
 CRIMINAL JUSTICE SERVICES, THE DEPARTMENT OF CORRECTIONAL  SERVICES  AND
 THE  LOCAL CORRECTIONAL FACILITY. SUCH NOTICE SHALL INFORM SUCH ENTITIES
 THAT THE ARREST WILL BE CONSIDERED TERMINATED IN FAVOR  OF  SUCH  PERSON
 AND  SEALED  IN  A  MANNER  CONSISTENT  WITH  SUBDIVISION  THREE OF THIS
 SECTION, SIXTY DAYS FROM TRANSMISSION OF SAID NOTIFICATION, IF THE DIVI-
 SION OF CRIMINAL JUSTICE SERVICES DOES NOT RECEIVE  INFORMATION  THAT  A
 CRIMINAL INVESTIGATION OR PROSECUTION IS PROCEEDING. IF AFTER SIXTY DAYS
 THE DIVISION OF CRIMINAL JUSTICE SERVICES RECEIVES NO INFORMATION THAT A
 CRIMINAL INVESTIGATION OR PROSECUTION IS PROCEEDING, THE ARREST SHALL BE
 CONSIDERED  TERMINATED  IN FAVOR OF SUCH PERSON AND BE SEALED IN ACCORD-
 ANCE WITH THIS PARAGRAPH, AND THE DIVISION OF CRIMINAL JUSTICE  SERVICES
 SHALL  SEND NOTICE OF SUCH SEALING TO SUCH ENTITIES. UPON SUCH NOTIFICA-
 TION, ALL OFFICIAL RECORDS AND PAPERS RELATING TO THE ARREST,  INCLUDING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08080-01-9

 A. 4254                             2
 
 ALL  DUPLICATES  AND  COPIES THEREOF ON FILE WITH SUCH ENTITIES SHALL BE
 SEALED AND NOT MADE AVAILABLE TO ANY PERSON OR PUBLIC OR  PRIVATE  AGEN-
 CIES.  FOR  ARRESTS  THAT  OCCURRED PRIOR TO JANUARY FIRST, TWO THOUSAND
 TWENTY-ONE,  SUCH  NOTICE  SHALL  BE  TRANSMITTED  BY  THE DIVISION UPON
 REQUEST OF THE PERSON ACCUSED OR SUCH PERSON'S DESIGNATED AGENT.
   (B) WHEN A CRIMINAL RECORD MAINTAINED  BY  THE  DIVISION  OF  CRIMINAL
 JUSTICE  SERVICES  PURSUANT  TO SUBDIVISION SIX OF SECTION EIGHT HUNDRED
 THIRTY-SEVEN OF THE EXECUTIVE LAW INDICATES THAT AN  ACCUSATORY  INSTRU-
 MENT  HAS BEEN FILED ON A CASE AFTER JANUARY FIRST, TWO THOUSAND TWENTY-
 ONE, THE LAST ACTION OF THE CASE HAS NOT BEEN THE ISSUANCE  OF  A  BENCH
 WARRANT,  NO ACTION HAS BEEN TAKEN ON THE CASE FOR A YEAR, AND NO DISPO-
 SITION HAS BEEN RECORDED, THE DIVISION, NO LATER THAN  TWO  YEARS  AFTER
 THE  DATE  OF  LAST  ACTION  ON  THE  CASE,  SHALL  SEND A NOTICE TO THE
 PROSECUTOR'S OFFICE, THE CLERK OF THE COURT OF THE COURT WHERE THE ACCU-
 SATORY INSTRUMENT WAS FILED, THE OFFICE  OF  COURT  ADMINISTRATION,  THE
 POLICE  DEPARTMENT OR LAW ENFORCEMENT AGENCY WHICH TRANSMITTED THE FING-
 ERPRINTS OF THE PERSON TO THE DIVISION OF CRIMINAL JUSTICE SERVICES, THE
 DEPARTMENT OF CORRECTIONAL SERVICES AND THE LOCAL CORRECTIONAL FACILITY.
 SUCH NOTICE SHALL INFORM SUCH ENTITIES THAT THE DOCKETED  CASE  WILL  BE
 CONSIDERED  TERMINATED  IN  FAVOR  OF SUCH PERSON AND SEALED IN A MANNER
 CONSISTENT WITH SUBDIVISION THREE OF THIS SECTION, SIXTY DAYS FROM TRAN-
 SMISSION OF THE  NOTIFICATION,  IF  THE  DIVISION  OF  CRIMINAL  JUSTICE
 SERVICES  DOES  NOT RECEIVE INFORMATION THAT A CRIMINAL INVESTIGATION OR
 PROSECUTION IS PROCEEDING, A BENCH WARRANT IS OUTSTANDING, OR A DISPOSI-
 TION HAS BEEN ENTERED IN THE CASE. IF AFTER SIXTY DAYS THE  DIVISION  OF
 CRIMINAL  JUSTICE  SERVICES  RECEIVES  NO  INFORMATION THAT THE CRIMINAL
 INVESTIGATION OR PROSECUTION IS PROCEEDING, A BENCH WARRANT IS OUTSTAND-
 ING, OR A DISPOSITION HAS BEEN ENTERED IN THE CASE, THE CRIMINAL  ACTION
 OR PROCEEDING SHALL BE CONSIDERED TERMINATED IN FAVOR OF SUCH PERSON AND
 BE SEALED IN ACCORDANCE WITH THIS PARAGRAPH AND THE DIVISION OF CRIMINAL
 JUSTICE  SERVICES  SHALL  SEND  NOTICE OF SUCH SEALING TO SUCH ENTITIES.
 UPON SUCH NOTIFICATION, ALL OFFICIAL RECORDS AND PAPERS RELATING TO  THE
 ARREST,  INCLUDING  ALL  DUPLICATES AND COPIES THEREOF ON FILE WITH SUCH
 ENTITIES SHALL BE SEALED AND NOT MADE AVAILABLE TO ANY PERSON OR  PUBLIC
 OR  PRIVATE  AGENCIES.  FOR  CASES INITIATED PRIOR TO JANUARY FIRST, TWO
 THOUSAND TWENTY-ONE, SUCH NOTICE SHALL BE TRANSMITTED BY THE DIVISION OF
 CRIMINAL JUSTICE SERVICES UPON REQUEST OF THE  PERSON  ACCUSED  OR  SUCH
 PERSON'S DESIGNATED AGENT.
   § 2. This act shall take effect January 1, 2021.