S4841-2011 - NY Senate Open Legislation - Relates to sealing court records involving cases dismissed at arraignment or earlier

Relates to sealing court records involving cases dismissed at arraignment or earlier.

Sponsor: SALAND / Co-sponsor(s): PARKER / Committee: CODES
Law Section: Criminal Procedure Law / Law: Amd S160.50, CP L

S4841-2011 Actions

Jan 4, 2012: REFERRED TO CODES
Jun 24, 2011: COMMITTED TO RULES
May 16, 2011: ADVANCED TO THIRD READING
May 11, 2011: 2ND REPORT CAL.
May 10, 2011: 1ST REPORT CAL.563
Apr 27, 2011: REFERRED TO CODES

S4841-2011 Meetings

Codes: May 10, 2011

S4841-2011 Calendars

S4841-2011 Votes

VOTE: COMMITTEE VOTE: - Codes - May 10, 2011

Ayes (16): Saland, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, Nozzolio, O'Mara, Gianaris, Duane, Huntley, Parker, Perkins, Squadron, Espaillat

S4841-2011 Memo

BILL NUMBER:S4841

TITLE OF BILL:
An act
to amend the criminal procedure law, in relation to sealing court
records
involving cases dismissed at arraignment or earlier

PURPOSE:
To provide for the sealing of court records involving certain cases
dismissed at arraignment or earlier

SUMMARY OF PROVISIONS:
Section 1: Amends Criminal Procedure Law � 160.50(3)(b) to include
orders to dismiss pursuant to CPL �� 140.45 and 150.50 as those which
may be dismissed in favor of the accused and subsequently sealed.

Section 2: Sets forth the effective date.

JUSTIFICATION:
The purpose of this bill is to make the sealing provisions of
subdivision 160.50 of the Criminal Procedure Law more comprehensive
and to include additional dismissal sections of the CPL subject to
the provisions of CPL 160.50. Section 160.50 requires the court to
enter an order upon termination of criminal charges in favor of the
accused. Such order requires among other things, that records must be
sealed or destroyed as set forth in the section.

The addition of sections 140.45 and 150.50 into CPL 160.50 is
consistent with the purposes of the CPL 160.50. When an accusatory
instrument is dismissed pursuant to subdivisions 140.45 or 150.50,
the proceeding is terminated by dismissal and such dismissal should
afford the accused the protections enumerated in section 160.50. This
bill accomplishes such outcome.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Ninetieth day after it shall have become law.

S4841-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                          4841
 2011-2012 Regular Sessions
 I N  SENATE
 April 27, 2011
 
 Introduced  by  Sen.  SALAND -- 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 sealing court
 records involving cases dismissed at arraignment or earlier
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  Paragraph  (b)  of subdivision 3 of section 160.50 of the
 criminal procedure law, as amended by chapter 518 of the laws  of  2004,
 is amended to read as follows:

 (b)  an order to dismiss the entire accusatory instrument against such
 person pursuant to  section  140.45,  150.50,  170.30,  170.50,  170.55,
 170.56,  180.70, 210.20, 210.46 or 210.47 of this chapter was entered or
 deemed entered, or an order terminating  the  prosecution  against  such
 person  was  entered pursuant to section 180.85 of this chapter, and the
 people have not appealed from such order  or  the  determination  of  an
 appeal  or  appeals  by  the people from such order has been against the
 people; or
 

S 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD10703-01-1

S4841-2011: Relates to sealing court records involving cases dismissed at arraignment or earlier