S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2392
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2023
                                ___________
 
 Introduced  by  M.  of  A.  DILAN, CRUZ, SAYEGH, HUNTER, DICKENS, SIMON,
   HEVESI, EPSTEIN, COOK, McDONOUGH, GLICK -- read once and  referred  to
   the Committee on Codes
 
 AN ACT to amend the criminal procedure law, in relation to the effect of
   termination of criminal actions and proceedings against a minor

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 160.60 of the criminal procedure law, as amended by
 chapter 877 of the laws of 1976, is amended to read as follows:
 § 160.60 Effect of termination of  criminal  actions  in  favor  of  the
            accused.
   1.  Upon  the termination of a criminal action or proceeding against a
 person in favor of such person, as defined in subdivision [two] THREE of
 section 160.50 of this [chapter] ARTICLE,  the  arrest  and  prosecution
 shall  be deemed a nullity and the accused shall be restored, in contem-
 plation of law, to the status he occupied before the arrest  and  prose-
 cution.   The arrest or prosecution shall not operate as a disqualifica-
 tion of any person  so  accused  to  pursue  or  engage  in  any  lawful
 activity, occupation, profession, or calling.  Except where specifically
 required  or  permitted  by  statute or upon specific authorization of a
 superior court, no such person shall be required to divulge  information
 pertaining to the arrest or prosecution.
   2.  UPON  THE TERMINATION OF A CRIMINAL ACTION OR PROCEEDING AGAINST A
 MINOR PURSUANT TO SECTION 160.50 OF THIS ARTICLE, ALL PHOTOGRAPHS, FING-
 ERPRINTS, PALMPRINTS, AND ARREST  RECORDS  RELATED  TO  SUCH  ACTION  OR
 PROCEEDING  SHALL  BE  EXPUNGED  ONLY  IF SUCH MINOR HAS NO PRIOR ARREST
 RECORD. FOR PURPOSES OF THIS ARTICLE, "MINOR" SHALL HAVE THE SAME  MEAN-
 ING  AS JUVENILE OFFENDER AS DEFINED BY SUBDIVISION FORTY-TWO OF SECTION
 1.20 OF THIS CHAPTER.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03186-01-3