Assembly Bill A1307

2023-2024 Legislative Session

Relates to the automatic expungement of records of arrest

download bill text pdf

Sponsored By

Current Bill Status - In Assembly 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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2023-A1307 (ACTIVE) - Details

See Senate Version of this Bill:
S469
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add §160.61, CP L
Versions Introduced in Other Legislative Sessions:
2019-2020: A10676, S8611
2021-2022: A2485, S2106

2023-A1307 (ACTIVE) - Summary

Provides for the automatic expungement of records of arrest in certain situations.

2023-A1307 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1307
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by  M.  of  A. AUBRY, SIMON -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the criminal procedure law, in relation to the automatic
   expungement of arrest records
 
   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 160.61 to read as follows:
 § 160.61 AUTOMATIC EXPUNGEMENT OF RECORDS OF ARREST.
   1. IN ANY JURISDICTION IN WHICH AN ARREST OCCURRED WHERE  SUCH  ARREST
 IS VOIDABLE, A COURT WHICH HAD JURISDICTION, OR WOULD HAVE HAD JURISDIC-
 TION  OVER  THE  MATTER HAD SUCH ARREST NOT BEEN VOIDABLE SHALL ISSUE AN
 ORDER EXPUNGING ANY AND ALL RECORDS, PURSUANT TO SUCH ARREST  NOT  LATER
 THAN  THIRTY DAYS AFTER THE DATE ON WHICH SUCH ARREST BECOMES A VOIDABLE
 ARREST. FOR PURPOSES OF THIS SUBDIVISION,  THE  TERM  "VOIDABLE  ARREST"
 MEANS ANY ARREST RESULTING IN THE FOLLOWING:
   (A) THE INDIVIDUAL WAS RELEASED WITHOUT THE FILING OF FORMAL CHARGES;
   (B)  A  DETERMINATION  WAS  MADE  THAT THE ARREST WAS WITHOUT PROBABLE
 CAUSE; OR
   (C) THE DISMISSAL OF PROCEEDINGS AGAINST THE INDIVIDUAL.
   2. (A) WHEN AN ORDER IS ISSUED FOR THE EXPUNGEMENT OF RECORDS PURSUANT
 TO THIS SECTION,  THE  HEADS  OF  ALL  APPROPRIATE  POLICE  DEPARTMENTS,
 PROSECUTOR'S  OFFICES  AND LAW ENFORCEMENT AGENCIES SHALL BE NOTIFIED BY
 THE COURT THAT ALL RECORDS OF OR RELATING TO ANY SUCH  ARREST  BE  IMME-
 DIATELY EXPUNGED AS FOLLOWS:
   (I)  EVERY  PHOTOGRAPH OF SUCH PERSON AND PHOTOGRAPHIC PLATE OR PROOF,
 AND ALL PALMPRINTS, FINGERPRINTS AND RETINA SCANS MADE  OF  SUCH  PERSON
 PURSUANT  TO  THE  PROVISIONS  OF  THIS  ARTICLE, AND ALL DUPLICATES AND
 COPIES THEREOF, EXCEPT A  DIGITAL  FINGERPRINT  IMAGE  WHERE  AUTHORIZED
 PURSUANT  TO  SUBPARAGRAPH  (IV)  OF  THIS PARAGRAPH, SHALL FORTHWITH BE
 DESTROYED BY ANY POLICE DEPARTMENT, PROSECUTOR'S OFFICE OR LAW  ENFORCE-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01571-01-3
              

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