Assembly Bill A5093

2015-2016 Legislative Session

Relates to sealing of dismissals and violations that are more than twenty years old

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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

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2015-A5093 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§160.50 & 160.55, CP L
Versions Introduced in Other Legislative Sessions:
2013-2014: A7770
2017-2018: A4746
2019-2020: A8752
2021-2022: A6033
2023-2024: A2232

2015-A5093 (ACTIVE) - Summary

Relates to sealing of dismissals and violations that are more than twenty years old.

2015-A5093 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5093

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 12, 2015
                               ___________

Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
  Committee on Codes

AN ACT to amend the criminal procedure law, in relation  to  sealing  of
  dismissals and violations that are more than twenty years old

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 4 of section 160.50 of the  criminal  procedure
law,  as amended by chapter 905 of the laws of 1977 and as renumbered by
chapter 142 of the laws of 1991, is amended to read as follows:
  4. A person in whose favor a criminal action or proceeding was  termi-
nated,  as defined in [paragraph] PARAGRAPHS (a) through (h), (K) OR (L)
of subdivision [two] THREE of this section, prior to the effective  date
of  [this  section,  may  upon  motion  apply to the court in which such
termination occurred, upon not less  than  twenty  days  notice  to  the
district  attorney,  for an order granting to such person the relief set
forth in subdivision one of this section, and such order shall be grant-
ed unless the district attorney demonstrates to the satisfaction of  the
court that the interests of justice require otherwise. A person in whose
favor  a  criminal  action  or  proceeding was terminated, as defined in
paragraph (i) or (j) of subdivision two of this section,  prior  to  the
effective  date of this section, may apply to the appropriate prosecutor
or police agency for a certification as described in said paragraph  (i)
or  (j)  granting  to such person the relief set forth therein, and such
certification shall be granted by such prosecutor or police agency]  THE
CHAPTER  OF THE LAWS OF TWO THOUSAND FIFTEEN WHICH AMENDED THIS SUBDIVI-
SION, AND WHOSE RECORDS HAVE NOT BEEN SEALED PURSUANT TO SUBDIVISION ONE
OF THIS SECTION, MAY APPLY TO HAVE THE RECORDS OF SUCH  CRIMINAL  ACTION
OR  PROCEEDING  SEALED  AT THE CLERK'S OFFICE FOR THE COURT IN WHICH THE
CRIMINAL ACTION OR PROCEEDING WAS TERMINATED. APPLICATION MAY BE MADE BY
THE PERSON OR BY HIS OR HER ATTORNEY. UPON A DETERMINATION BY THE  CLERK
THAT  THE  ACTION  OR PROCEEDING WAS TERMINATED IN THE PERSON'S FAVOR AS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07750-01-5
              

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