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- Referred to codes
- Referred to codes
Companion bill
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Repeals section 160.58 of the criminal procedure law which requires the sealing of the conviction records of persons who have completed drug treatment program
In Assembly Committee · Codes · Sponsor Nicole Malliotakis
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S1992
Title of bill
An act to amend the executive law, in relation to inquiries about certain sealed convictions; and to repeal section 160.58 of the criminal procedure law relating to conditional sealing of certain controlled substances, marihuana or specified offense convictions
Purpose
This bill would repeal the sealing provision of the so-called "Rockefeller Drug Law Reform" enacted as a part of New York State's 2009-2010 Budget, which allows criminal courts, on notice to the prosecutor, to seal the criminal records of felons upon their successful completion of "drug court," and would restore the ability of prospective employers to obtain accurate criminal background checks.
Summary of provisions
Section 1: Repeals CPL 150.68 which authorizes a criminal court on its own motion, or upon motion of the defendant, and on notice to the prosecutor, to seal all records of the current prosecution for Class B, C, D and E drug felonies, in addition to a number of non-drug offenses enumerated in CPL 410.91, if a defendant successfully completes a "diversion" program, i.e., drug court. The section to be repealed further allows the Court to seal up to three previous drug misdemeanors in addition to the pending felony or felonies. Section 2: Makes a conforming change to Executive Law 296. Section 3: Effective date - immediately
Justification
The Legislature has authorized and required criminal background checks be conducted when persons apply for firearms licenses or licenses to sell firearms. The Legislature has likewise provided that prospective employers can check applicants' criminal histories when they apply to be teachers, daycare and nursing home workers, caregivers for the mentally disabled and caregivers in the home, as well as for positions that require security clearance such as detectives, bank guards and armored car guards.
The expansive sealing provision enacted under the so-called "Rockefeller Drug Law Reform," purportedly to give drug criminals with up to four serious crimes on their records a clean slate, effectively insulates a whole class of criminals from this necessary scrutiny and thereby exposes to unwarranted risks vulnerable segments of our society, our children, our elderly, our bank tellers. In order to fulfill the Legislative purpose in allowing and mandating criminal background checks, the recently enacted sealing provisions must be stricken.
Notably, this legislation would have no effect on other sealing provisions provided to youthful offenders or persons acquitted of crimes or where the charges are adjourned in contemplation of dismissal.
Legislative history
S.5684 of 2010 - Referred to Codes
Fiscal implications
None to the state.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.