NY State Senate Bill 2013-S7767

Senate Bill S7767

2013-2014 Legislative Session

Establishes the earned amnesty act of 2014 authorizing the expungement of certain convictions after 10 years

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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
Jun 06, 2014	referred to codes

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2013-S7767 (ACTIVE) - Details

See Assembly Version of this Bill:: A4209
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
2015-2016: S180, A6374
2017-2018: S4976, S7381, A3209
2019-2020: A3456

2013-S7767 (ACTIVE) - Summary

Establishes the earned amnesty act of 2014 authorizing, upon application therefor, the expungement of certain convictions after 10 years.

2013-S7767 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7767

TITLE OF BILL:  An act to amend the criminal procedure law, in relation
to establishing the earned amnesty act of 2014; 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 2014"

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 seek-
ing 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 Superinten-
dent 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 expunge-
ment 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 Assem-
bly, and the Temporary President and Minority Leader of the Senate,
regarding the number of expungement applications filed and their dispo-
sitions.

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, social-
ly, 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 conse-
quences on them. Their greatest sin was a single, and in many cases
youthful, judgmental error. We provide a basis to "clean up" our finan-
cial 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 demon-
strated 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: New Bill in Senate/A.4209-Referred 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 a law and shall
expire December 31, 2018 when upon such date the provisions of this act
shall be deemed repealed.

2013-S7767 (ACTIVE) - Bill Text download pdf

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

                                  7767

                            I N  S E N A T E

                              June 6, 2014
                               ___________

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 2014; 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 2014".
  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;
  (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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07462-03-4

S. 7767                             2

  (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.
  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;

S. 7767                             3

  (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,  2018 when upon such date the provisions of this act shall
be deemed repealed.

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Senate Bill S7767

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Ruben Diaz