Assembly Bill A1029B

Signed By Governor
2023-2024 Legislative Session

Relates to the automatic sealing of certain convictions

download bill text pdf

Sponsored By

Current Bill Status - Signed by Governor


  • 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

Bill Amendments

co-Sponsors

multi-Sponsors

2023-A1029 - Details

Law Section:
Criminal Procedure Law
Laws Affected:
Add §160.57, CP L; amd §§845-d & 296, Exec L; amd §212, Judy L; amd §9, Cor L; add §50-g, Civ Rts L
Versions Introduced in 2021-2022 Legislative Session:
A6399

2023-A1029 - Summary

Provides for automatic sealing of certain convictions after a certain passage of time from either imposition of sentence, release from parole or probation, and if the defendant does not have a current charge pending; excludes certain offenses; permits access by certain persons.

2023-A1029 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1029
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced  by  M.  of  A. CRUZ, PRETLOW, GONZALEZ-ROJAS, MEEKS, BURGOS,
   MAMDANI, WALKER, JACKSON, SEAWRIGHT, SIMON, DICKENS, HYNDMAN, EPSTEIN,
   ANDERSON, KELLES, BURDICK, GALLAGHER, CARROLL, SEPTIMO,  L. ROSENTHAL,
   ZINERMAN,  REYES,  HEVESI,  DARLING,  AUBRY, MITAYNES, WEPRIN, LAVINE,
   JOYNER, BICHOTTE HERMELYN, JEAN-PIERRE, KIM,  HUNTER,  CLARK,  RIVERA,
   BRONSON,  GIBBS,  THIELE,  DE LOS SANTOS, DAVILA, TAYLOR, COOK, VANEL,
   FAHY, TAPIA, CUNNINGHAM, GLICK,  LUCAS,  CHANDLER-WATERMAN,  DINOWITZ,
   OTIS -- Multi-Sponsored by -- M. of A. RAMOS -- read once and referred
   to the Committee on Codes
 
 AN  ACT  to  amend the criminal procedure law, the executive law and the
   correction  law,  in  relation  to  automatic   sealing   of   certain
   convictions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The criminal procedure law  is  amended  by  adding  a  new
 section 160.57 to read as follows:
 § 160.57 AUTOMATIC SEALING OF CONVICTIONS.
   1.  CONVICTIONS  FOR CERTAIN TRAFFIC INFRACTIONS AND VIOLATIONS OR ANY
 CRIME DEFINED IN THE LAWS OF THIS STATE SHALL BE  SEALED  IN  ACCORDANCE
 WITH PARAGRAPH (C) OF THIS SUBDIVISION AS FOLLOWS:
   (A)  CONVICTIONS FOR SUBDIVISION ONE OF SECTION ELEVEN HUNDRED NINETY-
 TWO OF THE VEHICLE AND TRAFFIC LAW SHALL BE SEALED AFTER THREE YEARS.
   (B) CRIMINAL CONVICTIONS FOR MISDEMEANORS AND FELONIES SHALL BE SEALED
 UPON SATISFACTION OF THE FOLLOWING CONDITIONS:
   (I) AT LEAST THREE YEARS HAVE PASSED FROM THE IMPOSITION  OF  SENTENCE
 ON  THE DEFENDANT'S MOST RECENT MISDEMEANOR CONVICTION IN THIS STATE AND
 AT LEAST SEVEN YEARS HAVE PASSED SINCE THE IMPOSITION OF SENTENCE ON THE
 DEFENDANT'S MOST RECENT FELONY CONVICTION IN THIS STATE; IN  CALCULATING
 THE TIME PERIODS UNDER THIS SECTION, ANY PERIOD OF TIME DURING WHICH THE
 DEFENDANT  WAS  INCARCERATED  ON A DETERMINATE OR INDETERMINATE SENTENCE
 FOR A PERIOD OF AT LEAST ONE YEAR SHALL BE EXCLUDED AND SUCH TIME PERIOD
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01987-01-3
              

co-Sponsors

multi-Sponsors

2023-A1029A - Details

Law Section:
Criminal Procedure Law
Laws Affected:
Add §160.57, CP L; amd §§845-d & 296, Exec L; amd §212, Judy L; amd §9, Cor L; add §50-g, Civ Rts L
Versions Introduced in 2021-2022 Legislative Session:
A6399

2023-A1029A - Summary

Provides for automatic sealing of certain convictions after a certain passage of time from either imposition of sentence, release from parole or probation, and if the defendant does not have a current charge pending; excludes certain offenses; permits access by certain persons.

2023-A1029A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1029--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced  by  M.  of  A. CRUZ, PRETLOW, GONZALEZ-ROJAS, MEEKS, BURGOS,
   MAMDANI, WALKER, JACKSON, SEAWRIGHT, SIMON, DICKENS, HYNDMAN, EPSTEIN,
   ANDERSON, KELLES, BURDICK, GALLAGHER, CARROLL, SEPTIMO,  L. ROSENTHAL,
   ZINERMAN,  REYES,  HEVESI,  DARLING,  AUBRY, MITAYNES, WEPRIN, LAVINE,
   JOYNER, BICHOTTE HERMELYN, JEAN-PIERRE, KIM,  HUNTER,  CLARK,  RIVERA,
   BRONSON,  GIBBS,  DE LOS SANTOS,  DAVILA,  TAYLOR,  COOK, VANEL, FAHY,
   TAPIA, CUNNINGHAM, GLICK, LUCAS,  CHANDLER-WATERMAN,  DINOWITZ,  OTIS,
   ARDILA,  BORES,  O'DONNELL,  RAGA, SHRESTHA, SHIMSKY, SIMONE, ALVAREZ,
   LEVENBERG, FORREST, ZACCARO, McDONALD, LEE, SOLAGES, STIRPE --  Multi-
   Sponsored  by  --  M.  of  A.  RAMOS  -- read once and referred to the
   Committee on Codes --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend the criminal procedure law, the executive law and the
   correction  law,  in  relation  to  automatic   sealing   of   certain
   convictions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The criminal procedure law  is  amended  by  adding  a  new
 section 160.57 to read as follows:
 § 160.57 AUTOMATIC SEALING OF CONVICTIONS.
   1.  CONVICTIONS  FOR CERTAIN TRAFFIC INFRACTIONS AND VIOLATIONS OR ANY
 CRIME DEFINED IN THE LAWS OF THIS STATE SHALL BE  SEALED  IN  ACCORDANCE
 WITH PARAGRAPH (C) OF THIS SUBDIVISION AS FOLLOWS:
   (A)  CONVICTIONS FOR SUBDIVISION ONE OF SECTION ELEVEN HUNDRED NINETY-
 TWO OF THE VEHICLE AND TRAFFIC LAW SHALL BE SEALED AFTER THREE YEARS.
   (B) CRIMINAL CONVICTIONS FOR MISDEMEANORS AND FELONIES SHALL BE SEALED
 UPON SATISFACTION OF THE FOLLOWING CONDITIONS:
   (I) AT LEAST THREE YEARS HAVE PASSED FROM THE IMPOSITION  OF  SENTENCE
 ON  THE DEFENDANT'S MOST RECENT MISDEMEANOR CONVICTION IN THIS STATE AND
 AT LEAST SEVEN YEARS HAVE PASSED SINCE THE IMPOSITION OF SENTENCE ON THE
 DEFENDANT'S MOST RECENT FELONY CONVICTION IN THIS STATE; IN  CALCULATING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01987-04-3
              

co-Sponsors

multi-Sponsors

2023-A1029B - Details

Law Section:
Criminal Procedure Law
Laws Affected:
Add §160.57, CP L; amd §§845-d & 296, Exec L; amd §212, Judy L; amd §9, Cor L; add §50-g, Civ Rts L
Versions Introduced in 2021-2022 Legislative Session:
A6399

2023-A1029B - Summary

Provides for automatic sealing of certain convictions after a certain passage of time from either imposition of sentence, release from parole or probation, and if the defendant does not have a current charge pending; excludes certain offenses; permits access by certain persons.

2023-A1029B - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1029--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced  by  M.  of  A. CRUZ, PRETLOW, GONZALEZ-ROJAS, MEEKS, BURGOS,
   MAMDANI, WALKER, JACKSON, SEAWRIGHT, SIMON, DICKENS, HYNDMAN, EPSTEIN,
   ANDERSON, KELLES, BURDICK, GALLAGHER, CARROLL, SEPTIMO,  L. ROSENTHAL,
   ZINERMAN,  REYES,  HEVESI,  DARLING,  AUBRY, MITAYNES, WEPRIN, LAVINE,
   JOYNER, BICHOTTE HERMELYN, JEAN-PIERRE, KIM,  HUNTER,  CLARK,  RIVERA,
   BRONSON,  GIBBS,  DE LOS SANTOS,  DAVILA,  TAYLOR,  COOK, VANEL, FAHY,
   TAPIA, CUNNINGHAM, GLICK, LUCAS,  CHANDLER-WATERMAN,  DINOWITZ,  OTIS,
   ARDILA,  BORES,  O'DONNELL,  RAGA, SHRESTHA, SHIMSKY, SIMONE, ALVAREZ,
   LEVENBERG, FORREST, ZACCARO, McDONALD, LEE, SOLAGES, STIRPE,  LUPARDO,
   DILAN  --  Multi-Sponsored  by  --  M.  of  A.  RAMOS -- read once and
   referred to the Committee  on  Codes  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee -- again reported from said  committee  with  amendments,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the  criminal  procedure law, the executive law, the
   correction law, the  judiciary  law  and  the  civil  rights  law,  in
   relation to automatic sealing of certain convictions

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative  intent.  Almost  fifty  years  ago,  New  York
 enacted  anti-discrimination  protections  for  individuals with a prior
 criminal conviction. In his approval message, Governor Carey noted  that
 the  expense and time involved in prosecuting and incarcerating an indi-
 vidual is largely wasted "if upon the individual's return to society his
 willingness to assume a law abiding and productive role is frustrated by
 senseless discrimination" and further noted that  providing  a  formerly
 incarcerated  individual  "a  fair  opportunity for a job is a matter of
 basic human fairness as well as one of the surest ways to reduce crime."
   He also noted that the legislation in no way required  the  hiring  of
 someone  with  a criminal record but provided reasonable standards to be
 applied when considering the employment of such an individual, and  that
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01987-05-3
              

co-Sponsors

multi-Sponsors

2023-A1029C (ACTIVE) - Details

Law Section:
Criminal Procedure Law
Laws Affected:
Add §160.57, CP L; amd §§845-d & 296, Exec L; amd §212, Judy L; amd §9, Cor L; add §50-g, Civ Rts L
Versions Introduced in 2021-2022 Legislative Session:
A6399

2023-A1029C (ACTIVE) - Summary

Provides for automatic sealing of certain convictions after a certain passage of time from either imposition of sentence, release from parole or probation, and if the defendant does not have a current charge pending; excludes certain offenses; permits access by certain persons.

2023-A1029C (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1029--C
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced  by  M.  of  A. CRUZ, PRETLOW, GONZALEZ-ROJAS, MEEKS, BURGOS,
   MAMDANI, WALKER, JACKSON, SEAWRIGHT, SIMON, DICKENS, HYNDMAN, EPSTEIN,
   ANDERSON, KELLES, BURDICK, GALLAGHER, CARROLL, SEPTIMO,  L. ROSENTHAL,
   ZINERMAN,  REYES,  HEVESI,  DARLING,  AUBRY, MITAYNES, WEPRIN, LAVINE,
   JOYNER, BICHOTTE HERMELYN, JEAN-PIERRE, KIM,  HUNTER,  CLARK,  RIVERA,
   BRONSON,  GIBBS,  DE LOS SANTOS,  DAVILA,  TAYLOR,  COOK, VANEL, FAHY,
   TAPIA, CUNNINGHAM, GLICK, LUCAS,  CHANDLER-WATERMAN,  DINOWITZ,  OTIS,
   ARDILA,  BORES,  O'DONNELL,  RAGA, SHRESTHA, SHIMSKY, SIMONE, ALVAREZ,
   LEVENBERG, FORREST, ZACCARO, McDONALD, LEE, SOLAGES, STIRPE,  LUPARDO,
   DILAN  --  Multi-Sponsored  by  --  M.  of  A.  RAMOS -- read once and
   referred to the Committee  on  Codes  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee -- again reported from said  committee  with  amendments,  ordered
   reprinted  as  amended  and  recommitted  to  said  committee -- again
   reported from said committee with  amendments,  ordered  reprinted  as
   amended and recommitted to said committee
 
 AN  ACT  to  amend  the  criminal  procedure law, the executive law, the
   correction law, the  judiciary  law  and  the  civil  rights  law,  in
   relation to automatic sealing of certain convictions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative  intent.  Almost  fifty  years  ago,  New  York
 enacted  anti-discrimination  protections  for  individuals with a prior
 criminal conviction. In his approval message, Governor Carey noted  that
 the  expense and time involved in prosecuting and incarcerating an indi-
 vidual is largely wasted "if upon the individual's return to society his
 willingness to assume a law abiding and productive role is frustrated by
 senseless discrimination" and further noted that  providing  a  formerly
 incarcerated  individual  "a  fair  opportunity for a job is a matter of
 basic human fairness as well as one of the surest ways to reduce crime."
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01987-06-3
 A. 1029--C                          2
              

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