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S4841Senate2011-2012 SessionSame asA7624

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

Sponsor Stephen M. SalandSD-41+1 co-sponsorAffects Legal
Status
In Senate Committee
Codes
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Codes

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Who cares

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Sponsors

Primary sponsor
Stephen M. Saland

Senator · Senate District 41

Chair, Codes

1 Co-sponsor

History

  1. Referred to codes
  2. Committed to rules
  3. Advanced to third reading
  4. 2nd report cal.
  5. 1st report cal.563
  6. Referred to codes

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A7624Assembly

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

In Senate Committee · Codes · Sponsor Daniel O'Donnell

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's 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.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.