Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 08, 2014 |
referred to codes |
Jun 14, 2013 |
print number 4026a |
Jun 14, 2013 |
amend and recommit to codes |
Jan 30, 2013 |
referred to codes |
Assembly Bill A4026A
2013-2014 Legislative Session
Sponsored By
LENTOL
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
Bill Amendments
multi-Sponsors
Herman D. Farrell
Richard Gottfried
Andrew Hevesi
Earlene Hooper
2013-A4026 - Details
2013-A4026 - Summary
Permits the sealing of records of certain nonviolent misdemeanor or non-sexual misdemeanor criminal offenses; defines the term "eligible misdemeanor"; excludes certain misdemeanor offenses as eligible misdemeanors for the purposes of conditional sealing; lists certain eligibility requirements for sealing
2013-A4026 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4026 2013-2014 Regular Sessions I N A S S E M B L Y January 30, 2013 ___________ Introduced by M. of A. LENTOL -- Multi-Sponsored by -- M. of A. FARRELL, GOTTFRIED, HEVESI, HOOPER, LAVINE, MAISEL, O'DONNELL, ORTIZ, PEOPLES- STOKES, PERRY, PRETLOW, ROBINSON, SCARBOROUGH, SCHIMEL, TITUS -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law and the executive law, in relation to permitting the sealing of records of certain nonviolent misdemeanor or non-sexual misdemeanor offenses THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act shall be known and may be cited as the "second chance for ex-offenders act". S 2. The criminal procedure law is amended by adding a new section 160.65 to read as follows: S 160.65 CONDITIONAL SEALING OF CERTAIN MISDEMEANOR OFFENSES. 1. FOR THE PURPOSES OF THIS SECTION, THE TERM "ELIGIBLE MISDEMEANOR" SHALL BE A MISDEMEANOR OFFENSE DEFINED IN THE PENAL LAW, PROVIDED THAT AN ELIGIBLE MISDEMEANOR SHALL NOT MEAN A MISDEMEANOR OFFENSE DEFINED IN ARTICLE ONE HUNDRED TWENTY, ONE HUNDRED THIRTY, ONE HUNDRED THIRTY-FIVE, ONE HUNDRED FIFTY, TWO HUNDRED THIRTY-FIVE, TWO HUNDRED FORTY-FIVE, TWO HUNDRED SIXTY, TWO HUNDRED SIXTY-THREE, TWO HUNDRED SIXTY-FIVE OR ARTI- CLE FOUR HUNDRED OF THE PENAL LAW. AN ELIGIBLE MISDEMEANOR SHALL NOT INCLUDE ANY ONE OR MORE OF THE FOLLOWING: KILLING OR INJURING A POLICE ANIMAL AS DEFINED IN SECTION 195.06, HARMING AN ANIMAL TRAINED TO AID A PERSON WITH A DISABILITY IN THE SECOND DEGREE AS DEFINED IN SECTION 195.11, HARMING AN ANIMAL TRAINED TO AID A PERSON WITH A DISABILITY IN THE FIRST DEGREE AS DEFINED IN SECTION 195.12, PROMOTING PROSTITUTION IN THE FOURTH DEGREE AS DEFINED IN SECTION 230.20, RIOT IN THE SECOND DEGREE AS DEFINED IN SECTION 240.05, INCITING TO RIOT AS DEFINED IN SECTION 240.08, AGGRAVATED HARASSMENT IN THE SECOND DEGREE AS DEFINED IN SUBDIVISION THREE OF SECTION 240.30, CRIMINAL INTERFERENCE WITH HEALTH CARE SERVICES OR RELIGIOUS WORSHIP IN THE SECOND DEGREE AS DEFINED IN EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00755-01-3
multi-Sponsors
Herman D. Farrell
Richard Gottfried
Andrew Hevesi
Earlene Hooper
2013-A4026A (ACTIVE) - Details
2013-A4026A (ACTIVE) - Summary
Permits the sealing of records of certain nonviolent misdemeanor or non-sexual misdemeanor criminal offenses; defines the term "eligible misdemeanor"; excludes certain misdemeanor offenses as eligible misdemeanors for the purposes of conditional sealing; lists certain eligibility requirements for sealing
2013-A4026A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4026--A 2013-2014 Regular Sessions I N A S S E M B L Y January 30, 2013 ___________ Introduced by M. of A. LENTOL -- Multi-Sponsored by -- M. of A. FARRELL, GOTTFRIED, HEVESI, HOOPER, LAVINE, MAISEL, O'DONNELL, ORTIZ, PEOPLES- STOKES, PERRY, PRETLOW, ROBINSON, SCARBOROUGH, SCHIMEL, TITUS -- read once and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the criminal procedure law and the executive law, in relation to permitting the sealing of records of certain nonviolent misdemeanor or non-sexual misdemeanor offenses THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act shall be known and may be cited as the "second chance for ex-offenders act". S 2. The criminal procedure law is amended by adding a new section 160.65 to read as follows: S 160.65 CONDITIONAL SEALING OF CERTAIN MISDEMEANOR OFFENSES. 1. FOR THE PURPOSES OF THIS SECTION, THE TERM "ELIGIBLE MISDEMEANOR" SHALL BE A MISDEMEANOR OFFENSE DEFINED IN THE PENAL LAW, PROVIDED THAT AN ELIGIBLE MISDEMEANOR SHALL NOT INCLUDE ANY SEX OFFENSE AS DEFINED UNDER SUBDIVISION TWO OF SECTION ONE HUNDRED SIXTY-EIGHT-A OF THE CORRECTION LAW. 2. A PERSON HAVING A CONVICTION FOR NO MORE THAN THREE MISDEMEANORS, WHO DOES NOT STAND CONVICTED OF ANY FELONY, OR WHO IS NOT REQUIRED TO MAINTAIN REGISTRATION UNDER ARTICLE SIX-C OF THE CORRECTION LAW, MAY PETITION THE COURT TO CONDITIONALLY SEAL UP TO THREE ELIGIBLE MISDEMEA- NORS WHEN: (A) AT LEAST FIVE YEARS HAVE PASSED SINCE THE COMPLETION OF A SENTENCE ON AN ELIGIBLE MISDEMEANOR; AND (B) SUCH PERSON HAS NOT BEEN CONVICTED OF AN OFFENSE DURING THE LAST FIVE YEARS AND IS NOT THE SUBJECT OF AN UNDISPOSED ARREST. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00755-02-3
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