NY State Senate Bill 2023-S4680A

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 21, 2024	print number 4680a
Mar 21, 2024	amend and recommit to codes
Jan 03, 2024	referred to codes
Feb 13, 2023	referred to codes

Bill Amendments

Original

A (Active)

co-Sponsors

2023-S4680 - Details

See Assembly Version of this Bill:: A9335
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Add §160.65, CP L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S7970, A9878
2019-2020: S3198, A4609
2021-2022: S3031, A5928

2023-S4680 - Summary

Relates to establishing an automatic expunction system for certain records including unconstitutional stops that occurred between January two thousand four and June two thousand twelve by the New York city police department that either resulted in the completion of a UF-250 form or a Form 61 complaint in which the SQF section was completed and led to arrests for either resisting arrest, disorderly conduct, criminal possession of a weapon, and offenses involving marihuana.

2023-S4680 - Sponsor Memo

                                 
BILL NUMBER: S4680

SPONSOR: PARKER
 
PURPOSE OR GENERAL IDEA OF BILL:

To provide an owner of a rent stabilization apartment a hardship rent
increase where a building's annual net increase is less than 8 1/2% of
its assessed value.

 
SUMMARY OF PROVISIONS:

This bill amends Sections 26-405 and 26-511 of the New York City Admin-
istrative Code and Sections of the Emergency Tenant Protection Act to
permit an owner to apply to DHCR for a hardship rent increase for a rent
stabilized apartment where a building's annual net income is less than 8
1/2 percent of the equalized assessed value. "Net annual return" is
defined as the amount by which the earned income exceeds the operating
expenses of the property, excluding mortgage interest and amortization,
and excluding allowances for obsolescence and reserves, but including an
allowance for depreciation of 2% of the value of the building exclusion
of the land or the amount shown for depreciation of the building in the
latest federal income tax return, whichever is lower.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

 
JUSTIFICATION:

The limited use of the hardship provisions enacted in 1983, combined
with the continued high rate of abandonment for small property owners
indicates that the current hardship formula is ineffective. A simpler
formula providing building owners with a new annual return of at least 8
1/2 percent over the equalized assessed value of their property is
proposed. The City Rent Control Law permits an owner who receives a
return of less than 8 1/2 percent of assessed value to demolish a build-
ing. It is, therefore, appropriate to grant rent adjustments to these
buildings where the owner thinks he or she can preserve them.

 
PRIOR LEGISLATIVE HISTORY:

2022 - A5634 - Referred to Housing 2020 - A6118 - Held in Housing 2017 -
A7348 - Held in Housing 2016 - A3097 - Held in Housing 2014 - A3197 -
Held in Housing 2012 - A2569 - Held in Housing 2010 - A4231 - Held in
Housing 2008 - A4025 - Held in Housing 2006 - A9584 - Held in Housing

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None to the State.

 
EFFECTIVE DATE:
Immediately, provided that the amendment to section 26-405 of the city
rent and rehabilitation law, made by section one of this act, shall
remain in full force and effect only as long as the public emergency
requiring the regulation and control of residential rents and evictions
continues, as provided in subdivision 3 of section 1 of the local emer-
gency housing rent control act; and provided further that the amendment
to section 26-511 of the rent stabilization law of nineteen hundred
sixty-nine, made by section two of this act, shall expire on the same
date as such law expires and shall not affect the expiration of such law
as provided under section 26-520 of the administrative code of the city
of New York.

2023-S4680 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4680
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 13, 2023
                                ___________
 
 Introduced by Sens. PARKER, SEPULVEDA -- 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 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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01001-01-3

 S. 4680                             2
 
   (B) "VOIDABLE STOP" SHALL MEAN ANY STOP THAT:
   (I) QUALIFIES AS A STOP AND FRISK;
   (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.
   (B)  "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 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.

co-Sponsors

2023-S4680A (ACTIVE) - Details

See Assembly Version of this Bill:: A9335
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Add §160.65, CP L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S7970, A9878
2019-2020: S3198, A4609
2021-2022: S3031, A5928

2023-S4680A (ACTIVE) - Summary

2023-S4680A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4680A

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to establishing
an automatic expunction system for certain records

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to address issues related to the practice of
"stop and frisk" by NYPD and to remedy the constitutional violations
found in Floyd v. City of New York. The bill intends to automatically
expunge records associated with unconstitutional stops, frisks, and
arrests made by the NYPD.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 sets forth the legislative intent.

Section 2 amends the criminal procedure law by adding a new section
160.65.

Section 3 sets forth the effective date.

 
JUSTIFICATION:

This bill addresses the constitutional violations identified by the
court in Floyd v. City of New York, ensuring that individuals' Fourth
and Fourteenth Amendment rights are upheld by expunging records associ-
ated with unconstitutional stops, frisks, and arrests. It bill aims to
rectify the policy of indirect racial profiling identified by the court,
which disproportionately targeted African American and Hispanic individ-
uals for stops and frisks. By expunging records associated with such
stops, the bill seeks to mitigate the discriminatory impact of these
practices.

This bill implements remedial measures or reforms to the NYPD's stop and
frisk practices, as ordered by the court in the Floyd case. This
includes establishing an automatic expunction system to ensure that
records of voidable stops are promptly erased. By expunging records of
unconstitutional stops, frisks, and arrests, the bill protects individ-
uals' rights and privacy, preventing adverse consequences resulting from
unlawful police actions. This is particularly important given the
significant impact such records can have on individuals' lives, includ-
ing employment opportunities, housing, and social stigma.

This bill holds the NYPD accountable for complying with expunction
requirements and imposes penalties for non-compliance or misuse of
expunged information. This promotes transparency and ensures that law
enforcement agencies adhere to constitutional standards in their prac-
tices.

Overall, the bill seeks to address past injustices, protect individuals'
rights and privacy, and promote accountability within law enforcement
agencies, ultimately working towards a fairer and more equitable crimi-
nal justice system.

 
PRIOR LEGISLATIVE HISTORY:
2021-22: Referred to Codes

2019-20: Referred to Codes

2018: Referred to Codes

 
FISCAL IMPLICATIONS:

 
EFFECTIVE DATE:
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.

2023-S4680A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4680--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 13, 2023
                                ___________
 
 Introduced by Sens. PARKER, SEPULVEDA -- read twice and ordered printed,
   and  when  printed to be committed to the Committee on Codes -- recom-
   mitted to the Committee on Codes in accordance  with  Senate  Rule  6,
   sec.  8  --  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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01001-03-4
 S. 4680--A                          2
 
   (B) "VOIDABLE STOP" SHALL MEAN ANY STOP THAT:
   (I) QUALIFIES AS A STOP AND FRISK;
   (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.

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Senate Bill S4680A

Sponsored By

Current Bill Status - In Senate Committee Codes Committee

Bill Amendments

co-Sponsors

2023-S4680 - Details

2023-S4680 - Summary

2023-S4680 - Sponsor Memo

2023-S4680 - Bill Text download pdf

co-Sponsors

2023-S4680A (ACTIVE) - Details

2023-S4680A (ACTIVE) - Summary

2023-S4680A (ACTIVE) - Sponsor Memo

2023-S4680A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4680A

Share this bill

Sponsored By

Kevin S. Parker

Current Bill Status - In Senate Committee Codes Committee

Bill Amendments

co-Sponsors

Luis R. Sepúlveda

2023-S4680 - Details

2023-S4680 - Summary

2023-S4680 - Sponsor Memo

2023-S4680 - Bill Text download pdf

co-Sponsors

Luis R. Sepúlveda

2023-S4680A (ACTIVE) - Details

2023-S4680A (ACTIVE) - Summary

2023-S4680A (ACTIVE) - Sponsor Memo

2023-S4680A (ACTIVE) - Bill Text download pdf

Comments