S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3071
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- 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 sealed prior
   domestic violence cases
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Paragraph  (d)  of subdivision 1 of section 160.50 of the
 criminal procedure law, as amended by chapter 449 of the laws  of  2015,
 is amended to read as follows:
   (d)  such  records shall be made available to the person accused or to
 such person's designated agent, and shall be made  available  to  (i)  a
 prosecutor in any proceeding in which the accused has moved for an order
 pursuant  to  section  170.56  or  210.46 of this chapter, or (ii) a law
 enforcement agency OR A PROSECUTOR upon ex parte motion in any  superior
 court, or in any district court, city court or the criminal court of the
 city  of  New  York  provided that such court sealed the record, if such
 agency OR PROSECUTOR demonstrates to the satisfaction of the court  that
 justice requires that such records be made available to it, or (iii) any
 state or local officer or agency with responsibility for the issuance of
 licenses to possess guns, when the accused has made application for such
 a  license,  or  (iv)  the  New York state department of corrections and
 community supervision when the accused is on  parole  supervision  as  a
 result  of  conditional  release  or a parole release granted by the New
 York state board of parole, and the arrest which is the subject  of  the
 inquiry  is  one  which occurred while the accused was under such super-
 vision, or (v) any prospective employer of a  police  officer  or  peace
 officer  as  those  terms  are  defined in subdivisions thirty-three and
 thirty-four of section 1.20 of this chapter, in relation to an  applica-
 tion  for  employment  as  a  police officer or peace officer; provided,
 however, that every person who is  an  applicant  for  the  position  of
 police  officer  or  peace officer shall be furnished with a copy of all
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01237-01-3
              

 S. 3071                             2
 
 records obtained under this paragraph and  afforded  an  opportunity  to
 make  an explanation thereto, or (vi) the probation department responsi-
 ble for supervision of the accused when the arrest which is the  subject
 of  the  inquiry  is one which occurred while the accused was under such
 supervision; and
   § 2. Paragraph (d) of subdivision 1 of section 160.55 of the  criminal
 procedure law, as amended by chapter 449 of the laws of 2015, is amended
 to read as follows:
   (d) the records referred to in paragraph (c) of this subdivision shall
 be  made  available to the person accused or to such person's designated
 agent, and shall be made available to (i) a prosecutor in any proceeding
 in which the accused has moved for an order pursuant to  section  170.56
 or  210.46 of this chapter, or (ii) a law enforcement agency OR A PROSE-
 CUTOR upon ex parte motion in any superior court,  or  in  any  district
 court, city court or the criminal court of the city of New York provided
 that  such  court sealed the record, if such agency OR PROSECUTOR demon-
 strates to the satisfaction of the court that justice requires that such
 records be made available to it, or (iii) any state or local officer  or
 agency with responsibility for the issuance of licenses to possess guns,
 when  the  accused  has made application for such a license, or (iv) the
 New York state department of corrections and community supervision  when
 the  accused  is  under  parole  supervision  as a result of conditional
 release or parole release granted by the New York state board of  parole
 and the arrest which is the subject of the inquiry is one which occurred
 while  the  accused  was  under  such  supervision, or (v) the probation
 department responsible for supervision of the accused  when  the  arrest
 which  is  the  subject  of  the inquiry is one which occurred while the
 accused was under such supervision, or (vi) a police  agency,  probation
 department,  sheriff's office, district attorney's office, department of
 correction of any municipality and parole department, for  law  enforce-
 ment  purposes,  upon arrest in instances in which the individual stands
 convicted of harassment in the second  degree,  as  defined  in  section
 240.26  of  the penal law, committed against a member of the same family
 or household as the defendant, as defined in subdivision one of  section
 530.11  of  this chapter, and determined pursuant to subdivision eight-a
 of section 170.10 of this title; and
   § 3. This act shall take effect immediately.