S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9335--A
 
                           I N  A S S E M B L Y
 
                             February 29, 2024
                                ___________
 
 Introduced by M. of A. ZINERMAN -- read once and referred to the Commit-
   tee  on Codes -- committee discharged, bill amended, ordered reprinted
   as amended and recommitted to said committee
 
 AN ACT to amend the criminal procedure law, in relation to  establishing
   an automatic expunction system for certain records
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent.  On  August  12,  2013,  United  States
 District  Judge  Shira A. Scheindlin issued an order in Floyd v. City of
 New York that found the city of New York had  violated  the  Fourth  and
 Fourteenth  Amendments  by  acting with "deliberate indifference" toward
 the New York City Police Department's (NYPD) practice of  making  suspi-
 cionless  "stops"  and  "frisks"  and  by adopting "a policy of indirect
 racial profiling by targeting racially defined groups" for  "stops"  and
 "frisks". Additionally, a remedial order was issued imposing remedies or
 "reforms"  to the NYPD's "stop and frisk" practices. (959 F.Supp.2d 540,
 562, 668 (S.D.N.Y. 2013)). In a settlement to a lawsuit brought  by  the
 New  York Civil Liberties Union the city was required to delete personal
 information including names  and  addresses  of  individuals  that  were
 stopped,  questioned  and/or frisked. Between January 2004 and June 2012
 the NYPD made 4.4 million stops in which 83% of them were made on  Afri-
 can  Americans  and  Hispanics.  The  legislature finds that any records
 associated with such unconstitutional stops, frisks and arrests shall be
 automatically expunged and notification shall be made to  such  individ-
 uals of such expunction.
   §  2.  The  criminal  procedure law is amended by adding a new section
 160.65 to read as follows:
 § 160.65 NEW YORK CITY STOP AND FRISK AUTOMATIC EXPUNCTION.
   1. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS  SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   (A)  "STOP AND FRISK" SHALL HAVE THE SAME MEANING AS SECTION 140.50 OF
 THIS TITLE.
   (B) "VOIDABLE STOP" SHALL MEAN ANY STOP THAT:
   (I) QUALIFIES AS A STOP AND FRISK;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01001-04-4
 A. 9335--A                          2
 
   (II) OCCURRED BETWEEN JANUARY TWO THOUSAND FOUR AND JUNE TWO  THOUSAND
 TWELVE BY THE NEW YORK CITY POLICE DEPARTMENT; AND
   (III) RESULTED IN EITHER THE COMPLETION OF:
   (A) A UF-250 FORM, A STOP, QUESTION AND FRISK REPORT WORKSHEET; OR
   (B)  A  FORM  61  COMPLAINT IN WHICH THE SQF SECTION WAS COMPLETED AND
 RESULTED IN A QUALIFIED ARREST.
   (C) "QUALIFIED ARREST" SHALL MEAN AN ARREST FOR ANY OF  THE  FOLLOWING
 OFFENSES:
   (I) RESISTING ARREST PURSUANT TO SECTION 205.30 OF THE PENAL LAW;
   (II) DISORDERLY CONDUCT PURSUANT TO SECTION 240.20 OF THE PENAL LAW;
   (III)  CRIMINAL  POSSESSION  OF  A WEAPON PURSUANT TO SECTIONS 265.01,
 265.02, 265.03 AND 265.04 OF THE PENAL LAW; AND
   (IV) OFFENSES INVOLVING MARIHUANA PURSUANT TO THE FORMER  ARTICLE  TWO
 HUNDRED TWENTY-ONE OF THE PENAL LAW.
   2.  THE DIVISION OF CRIMINAL JUSTICE SERVICES, IN CONJUNCTION WITH THE
 NEW YORK CITY POLICE DEPARTMENT SHALL ESTABLISH AN AUTOMATIC  EXPUNCTION
 SYSTEM TO EXPUNGE OFFICIAL AND UNOFFICIAL RECORDS OF ALL VOIDABLE STOPS.
 SUCH  EXPUNCTION SHALL INCLUDE BUT NOT BE LIMITED TO ANY CONVICTIONS AND
 ALL RECORDS PERTAINING TO SUCH STOP INCLUDING UF-250  FORM  INFORMATION,
 ANY  AND  ALL  RECORDS OF ARREST, INVESTIGATION INCLUDING COMPUTER DATA-
 BASES, AND RECORDS OF DETENTION PURSUANT TO SUCH  VOIDABLE  STOP  AND/OR
 QUALIFIED ARREST, FINGERPRINTS, PHOTOGRAPHS, DNA SAMPLES, PHYSICAL MEAS-
 UREMENTS, OR ANY OTHER RECORD OF IDENTIFICATION.
   3. SUCH AUTOMATIC EXPUNCTION SYSTEM SHALL INCLUDE:
   (A)  AN AUTOMATIC CERTIFICATION PROCESS THAT SHALL NOTIFY ANY INDIVID-
 UAL AT THEIR LAST KNOWN ADDRESS OF SUCH EXPUNCTION; AND
   (B) AN AUTOMATIC NOTIFICATION MECHANISM FOR ALL LICENSING AGENCIES  TO
 NOTIFY  SUCH THAT SUCH EXPUNCTIONS HAVE OCCURRED AND NO INDIVIDUAL SHALL
 BE ADVERSELY AFFECTED BY SUCH VOIDABLE STOP AND/OR QUALIFIED ARREST.
   4. (A) ANY INDIVIDUAL WHO KNOWINGLY FAILS TO EXPUNGE OR OBLITERATE, OR
 WHO RELEASES INFORMATION ORDERED EXPUNGED, IS GUILTY OF A CLASS A MISDE-
 MEANOR. AN INDIVIDUAL, WHO, KNOWING THE RECORDS ARE EXPUNGED,  USES  THE
 INFORMATION  FOR  FINANCIAL  GAIN,  OR WILLFUL DESTRUCTION OF A PERSON'S
 CHARACTER IS GUILTY OF A CLASS D FELONY.
   (B) A PENALTY OF THIRTY THOUSAND DOLLARS SHALL BE  ASSESSED  UPON  THE
 NEW  YORK  CITY  POLICE  DEPARTMENT EVERY MONTH SUCH DEPARTMENT FAILS TO
 COMPLY WITH SUBDIVISION FIVE OF THIS  SECTION.  SUCH  PENALTY  SHALL  BE
 DEPOSITED  IN THE INDIGENT LEGAL SERVICES FUND ESTABLISHED UNDER SECTION
 NINETY-EIGHT-B OF THE STATE FINANCE LAW.
   (C) SHOULD THE DIVISION OF CRIMINAL JUSTICE SERVICES OR THE  NEW  YORK
 CITY  POLICE  DEPARTMENT NEGLIGENTLY DISSEMINATE ANY OFFICIAL OR UNOFFI-
 CIAL RECORD DESCRIBED UNDER SUBDIVISION TWO OF THIS SECTION,  ANY  INDI-
 VIDUAL  ADVERSELY  AFFECTED BY SUCH DISSEMINATION MAY, IN A COURT HAVING
 JURISDICTION, BRING A CIVIL ACTION IN  WHICH  A  CIVIL  PENALTY  MAY  BE
 ASSESSED UPON SUCH DIVISION OR DEPARTMENT.
   5.  ALL  EXPUNCTIONS,  CERTIFICATIONS AND NOTIFICATIONS REQUIRED UNDER
 THIS SECTION SHALL BE COMPLETED WITHIN ONE YEAR OF THE EFFECTIVE DATE OF
 THIS SECTION.
   § 3. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.