S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6033
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 4, 2021
                                ___________
 
 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 TWENTY-ONE WHICH AMENDED THIS SUBDI-
 VISION,  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09980-01-1

 A. 6033                             2
 
 FAVOR AS DEFINED IN SUBDIVISION THREE OF THIS SECTION, THE CLERK OF  THE
 COURT  SHALL  IMMEDIATELY  NOTIFY  THE COMMISSIONER AND THE HEADS OF ALL
 APPROPRIATE 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
 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.
   § 2. Subdivision 3 of section 160.55 of the criminal procedure law, as
 amended by chapter 23 of the  laws  of  2021,  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  the  violation  of  operating a motor vehicle while ability
 impaired as described in subdivision one of section eleven hundred nine-
 ty-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 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 to the satisfaction of the court that
 the  interests  of justice require otherwise] THE CHAPTER OF THE LAWS OF
 TWO THOUSAND  TWENTY-ONE  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 CRIM-
 INAL 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.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.