NY State Senate Bill 2015-S180

Senate Bill S180

2015-2016 Legislative Session

Establishes the earned amnesty act of 2015 authorizing the expungement of certain convictions after 10 years

download bill text pdf

Archive: Last 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
Jan 06, 2016	referred to codes
Jan 07, 2015	referred to codes

2015-S180 (ACTIVE) - Details

See Assembly Version of this Bill:: A6374
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Add §440.75, CP L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A9063
2013-2014: S7767, A4209
2017-2018: S4976, S7381, A3209
2019-2020: A3456

2015-S180 (ACTIVE) - Summary

Establishes the earned amnesty act of 2015 authorizing, upon application therefor, the expungement of certain convictions after 10 years.

2015-S180 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S180

 TITLE OF BILL :  An act to amend the criminal procedure law, in
relation to establishing the earned amnesty act of 2015; and providing
for the repeal of such provisions upon expiration thereof

 PURPOSE :  Authorizes the expungement of certain convictions after 10
years.

 SUMMARY OF PROVISIONS :

Section 1 Short Title. This act shall be known and may be cited as
"the earned amnesty act of 2015".

Section 2. Amends the criminal procedure law by adding a new section
440.75. Provides that any person who has been previously convicted of
a crime, after the expiration of ten years from the date of his or her
conviction and who has successfully completed the terms of his or her
sentence, may present a verified petition to the appropriate court
seeking an order that such conviction and all records and information
pertaining thereto be expunged. Provides that a copy of the petition
for expungement and all supporting documents shall be served upon: (1)
the District Attorney serving the County of conviction; (2) the
Superintendent of the State Police and the Police Department in the
jurisdiction of conviction; (3) the Judge or Justice who imposed
sentence or if not serving the Administrative Or Supervising Judge in

the jurisdiction where the conviction was entered; and, (4) the victim
of the crime sought to be expunged.  States that within ninety days of
the filing of the petition, the court may grant an order directing the
Clerk of the Court and all relevant criminal justice and law
enforcement agencies to expunge all records of said disposition
including but not limited to all evidence of arrest, detention,
conviction, sentence and proceedings related thereto. Specifies the
offenses for which a petition of expungement is prohibited. Requires
the Chief Judge of the Court of Appeals to file an annual report on or
before May first for the preceding calendar year, with the Governor,
the Speaker and Minority Leader of the Assembly, and the Temporary
President and Minority Leader of the Senate, regarding the number of
expungement applications filed and their dispositions.

Section 3. Effective Date

 EXISTING LAW : None

 JUSTIFICATION :  Arrest and subsequent conviction can have
devastating impacts on an individual, his or her family and community.
Not unlike a school grade, which goes on our permanent record, a
criminal conviction carries a devastating lifelong stigma that impacts
emotionally, socially, and economically. It has been described as a
debt that is never deemed fully paid.

The time to revisit and end this notion has arrived. For too long we
have permanently branded people, and imposed severe collateral
consequences on them. Their greatest sin was a single, and in many
cases youthful, judgmental error. We provide a basis to "clean up" our
financial errors (Bankruptcy Court), but where does a fully
rehabilitated defendant go to attempt to clean the slate of a single
prior non-violent conviction?

This legislation is a focused template for providing limited
expungement to demonstrably rehabilitated offenders who have
affirmatively demonstrated that they are both effectively
rehabilitated and have earned the right to "clean the slate."

The potential benefits to "earned amnesty" are incalculable. The
emotional costs borne by the ex-offender and the offender's family are
little short of significant, and disabling. By allowing ex-offenders
to atone, we provide access to a mechanism to liberate them to achieve
greater economic and social success. Greater potential income yields
and enhanced economic opportunity generates higher tax revenue.

 LEGISLATIVE HISTORY :  2014: S.7767 - Referred to Codes/A 4209A -
Amend and Recommit to Codes 2013: A.4209-Referred to Codes 2012:
A.9063- Referred to Codes

 FISCAL IMPLICATIONS : To be determined

 EFFECTIVE DATE :  This act shall take effect on the first of January
next succeeding the date upon which it shall have become law and shall
expire on December 31, 2019 when upon such date the provisions of this
act shall be deemed repealed.

2015-S180 (ACTIVE) - Bill Text download pdf

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

                                   180

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen.  DIAZ  --  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
  the  earned  amnesty act of 2015; and providing for the repeal of such
  provisions upon expiration thereof

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

  Section  1.   Short title. This act shall be known and may be cited as
"the earned amnesty act of 2015".
  S 2. The criminal procedure law is amended by  adding  a  new  section
440.75 to read as follows:
S 440.75 PETITION FOR EXPUNGEMENT OF RECORDS FOR THE INNOCENT, DISMISSED
           CASES, AND THE FALSELY ARRESTED.
  1.  EXCEPT  AS  PROVIDED  FOR IN THIS SECTION, ANY PERSON WHO HAS BEEN
PREVIOUSLY CONVICTED OF ANY OFFENSE UNDER THE LAWS OF THIS STATE AND WHO
HAS NOT BEEN CONVICTED OF ANY PRIOR OR SUBSEQUENT OFFENSE IN THIS STATE,
ANOTHER STATE, OR BY THE UNITED STATES MAY, AFTER THE  EXPIRATION  OF  A
PERIOD OF TEN YEARS FROM THE DATE OF HIS OR HER CONVICTION, SATISFACTORY
COMPLETION  OF HIS OR HER PROBATION, PAROLE, SUPERVISED RELEASE AND PAID
ANY FINES IMPOSED OR RESTITUTION ORDERED, WHICHEVER IS LATER, MAY  PRES-
ENT A VERIFIED PETITION TO THE CRIMINAL TERM OF THE SUPREME COURT IN THE
COUNTY  OF  CONVICTION  OR  THE COUNTY COURT IN THE COUNTY OF CONVICTION
SEEKING AN ORDER THAT SUCH CONVICTION AND ALL  RECORDS  AND  INFORMATION
PERTAINING THERETO BE EXPUNGED.
  2.  (A) A COPY OF THE PETITION FOR EXPUNGEMENT TOGETHER WITH A COPY OF
ALL SUPPORTING DOCUMENTS SHALL BE SERVED UPON:
  (I) THE DISTRICT ATTORNEY SERVING THE COUNTY OF CONVICTION;
  (II) THE SUPERINTENDENT OF THE STATE POLICE AND THE POLICE  DEPARTMENT
IN THE JURISDICTION OF CONVICTION;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01591-01-5

S. 180                              2

  (III)  THE JUDGE OR JUSTICE WHO IMPOSED SENTENCE OR IF NOT SERVING THE
ADMINISTRATIVE OR  SUPERVISING  JUDGE  IN  THE  JURISDICTION  WHERE  THE
CONVICTION WAS ENTERED; AND
  (IV) THE VICTIM OF THE OFFENSE SOUGHT TO BE EXPUNGED.
  (B)  WITHIN  NINETY DAYS OF THE FILING OF THE PETITION, IF THERE IS NO
OBJECTION FROM THE LAW  ENFORCEMENT  AGENCIES  NOTIFIED  OR  FROM  THOSE
OFFICES  OR  AGENCIES  REQUIRED  TO  BE SERVED AND THE PETITIONER IS NOT
DISQUALIFIED FROM OBTAINING AN ORDER OF EXPUNGEMENT, THE COURT MAY GRANT
AN ORDER DIRECTING THE CLERK OF THE  COURT  AND  ALL  RELEVANT  CRIMINAL
JUSTICE  AND  LAW  ENFORCEMENT  AGENCIES  TO EXPUNGE ALL RECORDS OF SAID
DISPOSITION INCLUDING, BUT  NOT  LIMITED  TO  ALL  EVIDENCE  OF  ARREST,
DETENTION, CONVICTION, SENTENCE AND PROCEEDINGS RELATED THERETO.
  (C)  IN THE EVENT NONE OF THE PERSONS OR AGENCIES REQUIRED TO BE NOTI-
FIED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, HAS FILED ANY  WRIT-
TEN  OBJECTION  TO THE RELIEF SOUGHT, THE COURT MAY NONETHELESS DENY THE
RELIEF SOUGHT IF IT CONCLUDES BY A PREPONDERANCE OF  THE  EVIDENCE  THAT
THE PETITIONER IS NOT ENTITLED TO RELIEF IF:
  (I)  ANY STATUTORY PREREQUISITE IS NOT FULFILLED OR THERE IS ANY OTHER
BASIS FOR DENYING RELIEF;
  (II) THE CONVICTION SOUGHT TO BE EXPUNGED AT THE TIME OF  THE  HEARING
IS  THE  SUBJECT OF CIVIL LITIGATION BETWEEN PETITIONER AND THE STATE OR
ANY POLITICAL SUBDIVISION THEREOF;
  (III) PETITIONER HAS HAD ANY PREVIOUS CRIMINAL CONVICTION EXPUNGED  IN
THIS OR ANY OTHER STATE; OR
  (IV) THE COURT FINDS THAT PETITIONER HAS EITHER NOT BEEN REHABILITATED
OR THAT THE ORDER OF EXPUNGEMENT IS NOT IN THE INTEREST OF JUSTICE.
  (D)  THE  COURT  MAY CONDITIONALLY GRANT AN ORDER OF EXPUNGEMENT BASED
UPON THE PERFORMANCE OF COMMUNITY SERVICE. FOR A CONVICTION OF A:
  (I) CLASS B FELONY, THE PETITIONER SHALL COMPLETE FIVE  HUNDRED  HOURS
OF COMMUNITY SERVICE;
  (II) CLASS C FELONY, THE PETITIONER SHALL COMPLETE THREE HUNDRED HOURS
OF COMMUNITY SERVICE;
  (III)  CLASS D FELONY, THE PETITIONER SHALL COMPLETE TWO HUNDRED HOURS
OF COMMUNITY SERVICE;
  (IV) CLASS E FELONY, THE PETITIONER SHALL COMPLETE ONE  HUNDRED  HOURS
OF COMMUNITY SERVICE;
  (V)  CLASS A MISDEMEANOR, THE PETITIONER SHALL COMPLETE FIFTY HOURS OF
COMMUNITY SERVICE; AND
  (VI) CLASS B MISDEMEANOR, THE PETITIONER  SHALL  COMPLETE  TWENTY-FIVE
HOURS OF COMMUNITY SERVICE.
  (E)  UPON RECEIVING SATISFACTORY PROOF THAT THE IMPOSED TERM OF COMMU-
NITY SERVICE HAS BEEN PERFORMED AND THE DISTRICT ATTORNEY  HAS  VERIFIED
THE PERFORMANCE THE COURT MAY GRANT A FINAL ORDER OF EXPUNGEMENT.
  3.  RECORDS  OF CONVICTION FOR THE FOLLOWING OFFENSES SPECIFIED BY THE
PENAL LAW AND THE VEHICLE AND  TRAFFIC  LAW  SHALL  NOT  BE  SUBJECT  TO
EXPUNGEMENT PURSUANT TO THIS SECTION:
  (A) ALL CLASS A FELONIES;
  (B) ALL VIOLENT FELONY OFFENSES;
  (C)  ALL VIOLATIONS OF ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW FOR
WHICH A DEFENDANT WAS REQUIRED TO REGISTER UNDER ARTICLE  SIX-C  OF  THE
CORRECTION LAW;
  (D)  ALL  CRIMES COMMITTED BY A PERSON HOLDING ANY PUBLIC OFFICE POSI-
TION OR EMPLOYMENT ELECTIVE OR APPOINTIVE UNDER THE GOVERNMENT  OF  THIS
STATE  OR  ANY  AGENCY  OR  POLITICAL  SUBDIVISION  IF  THE  OFFENSE  OF
CONVICTION INVOLVED THE OFFICE OR POSITION OF EMPLOYMENT.

S. 180                              3

  4. EVERY PETITION FOR EXPUNGEMENT FILED PURSUANT TO THIS SECTION SHALL
BE VERIFIED UNDER THE PENALTY OF PERJURY AND SHALL INCLUDE:
  (A) PETITIONER'S DATE OF BIRTH;
  (B) PETITIONER'S DATE OF ARREST;
  (C) THE SECTION OF LAW UNDER WHICH THE PETITIONER WAS CONVICTED;
  (D) THE ORIGINAL INDICTMENT, SUPERIOR COURT INFORMATION OR COMPLAINT;
  (E)  A  CERTIFICATE OF DISPOSITION WITH THE SEAL OF THE COURT FROM THE
COURT OF CONVICTION; AND
  (F) THE NAME OF THE JUDGE OR JUSTICE WHO IMPOSED THE SENTENCE.
  5. THIS SECTION SHALL APPLY TO CONVICTIONS WHICH OCCURRED PRIOR TO AND
WHICH ARE ENTERED SUBSEQUENT TO THE EFFECTIVE DATE OF THIS SECTION.
  6. THE CHIEF JUDGE OF THE COURT  OF  APPEALS  SHALL  ANNUALLY  FILE  A
REPORT  WITH THE GOVERNOR, THE SPEAKER AND MINORITY LEADER OF THE ASSEM-
BLY AND THE TEMPORARY PRESIDENT AND MINORITY LEADER OF THE SENATE ON  OR
BEFORE  MAY  FIRST FOR THE PRECEDING CALENDAR YEAR REPORTING BY JUDICIAL
DISTRICT UPON THE NUMBER OF EXPUNGEMENT  APPLICATIONS  FILED  AND  THEIR
DISPOSITIONS.
  S  3. This act shall take effect on the first of January next succeed-
ing the date upon which it shall have become  a  law  and  shall  expire
December  31,  2019 when upon such date the provisions of this act shall
be deemed repealed.

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