S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    933
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced by M. of A. PEOPLES-STOKES, CRESPO, ZEBROWSKI, BARRON, BLAKE,
   JAFFEE,   DE LA ROSA,   L. ROSENTHAL,  HYNDMAN,  JEAN-PIERRE,  MOSLEY,
   TAYLOR, WALKER, LUPARDO, SIMON, WRIGHT -- Multi-Sponsored by -- M.  of
   A. RAMOS -- read once and referred to the Committee on Codes
 
 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:
 § 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.
   § 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 to read 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04702-01-9

 A. 933                              2
 
 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
 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.
   § 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

 A. 933                              3
 
 SECTION  IF SUCH CONVICTION OCCURRED LESS THAN THREE YEARS PRIOR TO SUCH
 EFFECTIVE DATE.
   §  4.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.