Relates to sealing court records involving cases dismissed at arraignment or earlier.
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.
STATE OF NEW YORK ________________________________________________________________________ 4841 2011-2012 Regular Sessions IN 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