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

                                  7389

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               May 3, 2011
                               ___________

Introduced  by  M.  of  A.  LENTOL -- (at request of the Office of Court
  Administration) -- read once and referred to the Committee on Codes

AN ACT to amend the criminal procedure law,  in  relation  to  unsealing
  criminal records

  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 169 of the laws of 1994,
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  upon ex parte motion in any superior court, if such
agency 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 division of parole 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 supervision 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  chap-
ter, in relation to an application 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 records obtained under this paragraph and afforded an
opportunity  to  make  an  explanation  thereto,  or  (vi) the probation
department responsible for supervision of the accused  when  the  arrest

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09806-01-1
              

A. 7389                             2

which  is  the  subject  of  the inquiry is one which occurred while the
accused was under such supervision, OR  (VII)  A  PARTY  IN  A  CRIMINAL
PROCEEDING  IF,  NO  NOTICE  TO THE ADVERSE PARTY AND THE SUBJECT OF THE
RECORDS,  THE MOVING PARTY DEMONSTRATES TO THE SATISFACTION OF THE COURT
THAT JUSTICE REQUIRES THAT THE RECORDS BE MADE AVAILABLE TO  SUCH  PARTY
IN CONNECTION WITH THE CRIMINAL PROCEEDING; and
  S  2. Paragraph (d) of subdivision 1 of section 160.55 of the criminal
procedure law, as amended by chapter 476 of the laws of 2009, 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  upon  ex
parte  motion  in any superior court, if such agency 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 division of parole 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 super-
vision, 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 attor-
ney's office, department of correction of any  municipality  and  parole
department,  for  law  enforcement 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 pursu-
ant  to  subdivision eight-a of section 170.10 of this title, OR (VII) A
PARTY IN A CRIMINAL PROCEEDING IF, ON NOTICE TO THE  ADVERSE  PARTY  AND
THE  SUBJECT OF THE RECORDS, THE MOVING PARTY DEMONSTRATES TO THE SATIS-
FACTION OF THE COURT THAT JUSTICE REQUIRES  THAT  THE  RECORDS  BE  MADE
AVAILABLE TO SUCH PARTY IN CONNECTION WITH THE CRIMINAL PROCEEDING; and
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.