Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2016 |
referred to codes |
Jan 22, 2015 |
referred to codes |
Assembly Bill A3327
2015-2016 Legislative Session
Sponsored By
WRIGHT
Archive: Last Bill Status - In Assembly 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
Actions
2015-A3327 (ACTIVE) - Details
2015-A3327 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3327 2015-2016 Regular Sessions I N A S S E M B L Y January 22, 2015 ___________ Introduced by M. of A. WRIGHT -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, the executive law and the general business law, in relation to theft of identity THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The criminal procedure law is amended by adding a new section 160.65 to read as follows: S 160.65 PETITION FOR DETERMINATION OF FACTUAL INNOCENCE. 1. ANY PERSON WHOSE NAME OR OTHER IDENTIFYING INFORMATION WAS USED, WITHOUT CONSENT OR AUTHORIZATION, BY ANOTHER PERSON WHO WAS CHARGED OR ARRESTED USING SUCH NAME OR IDENTIFICATION MAY, WITH NOTICE TO THE OFFICE OF THE PROSECUTOR, FILE A PETITION IN THE APPROPRIATE COURT REQUESTING A DETERMINATION OF FACTUAL INNOCENCE. IF THE COURT FINDS THAT THERE IS NO REASONABLE CAUSE TO BELIEVE THAT THE PERSON COMMITTED THE OFFENSE WITH WHICH THE PERSON'S IDENTITY HAS BEEN ASSOCIATED, THE COURT SHALL ISSUE AN ORDER CERTIFYING THE PERSON'S FACTUAL INNOCENCE. 2. WHEN A COURT FINDS A PERSON FACTUALLY INNOCENT PURSUANT TO SUBDIVI- SION ONE OF THIS SECTION, THE COURT SHALL ORDER THE PERSON'S NAME AND OTHER IDENTIFYING INFORMATION CONTAINED IN THE COURT RECORDS BE REMOVED AND THE RECORDS LABELED TO SHOW THAT THE INFORMATION IS NOT ACCURATE AND DOES NOT REFLECT THE PERPETRATOR'S IDENTITY DUE TO IDENTITY THEFT. THE COURT SHALL ALSO ORDER EXPUNGEMENT OF THE ARREST INFORMATION OTHERWISE PERMITTED BY LAW. 3. A COURT MAY AT ANY TIME VACATE THE DETERMINATION OF FACTUAL INNO- CENCE IF THE PETITION, OR INFORMATION SUBMITTED IN SUPPORT OF THE PETI- TION, CONTAINS A MATERIAL MISREPRESENTATION OR FRAUD. IF THE COURT VACATES THE DETERMINATION, AN ORDER SHALL BE ENTERED RESCINDING ANY ORDERS MADE PURSUANT TO SUBDIVISION TWO OF THIS SECTION. S 2. Article 7 of the executive law is amended by adding a new section 171 to read as follows: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05447-01-5
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