Senate Bill S1660

2023-2024 Legislative Session

Modifies the effect of termination of criminal actions and proceedings against a minor

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Codes 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-S1660 (ACTIVE) - Details

See Assembly Version of this Bill:
A2392
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §160.60, CP L
Versions Introduced in Other Legislative Sessions:
2015-2016: S6702, A9088
2017-2018: S2765, A2893
2019-2020: S6006, A3329
2021-2022: S3517, A3285

2023-S1660 (ACTIVE) - Summary

Provides for the expungement of certain records following the termination of criminal actions and proceedings against certain minors.

2023-S1660 (ACTIVE) - Sponsor Memo

2023-S1660 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1660
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2023
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed 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

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