STATE OF NEW YORK ________________________________________________________________________ 8203 IN SENATE April 17, 2018 ___________ Introduced by Sen. GALLIVAN -- (at request of the Division of Criminal Justice Services) -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the executive law and the judiciary law, in relation to sealing of records; and to authorize the commissioner of the division of criminal justice services to direct certain records to be sealed The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The executive law is amended by adding a new section 845-c 2 to read as follows: 3 § 845-c. Criminal history record searches; undisposed cases. 1. When, 4 pursuant to statute or the regulations of the division, the division 5 conducts a search of its criminal history records and returns a report 6 thereon, all references to undisposed cases contained in such criminal 7 history record shall be excluded from such report. 8 2. For purposes of this section, "undisposed case" shall mean a crimi- 9 nal action or proceeding, other than a criminal action or proceeding for 10 a class A-I felony, a violent felony offense as defined in section 70.02 11 of the penal law, a sex offense as defined in article one hundred thirty 12 of the penal law, or an offense as defined in section 255.25, 255.26 or 13 255.27 or article two hundred sixty-three of the penal law, for which: 14 (a) no conviction or imposition of sentence or other final disposition 15 has been recorded; and 16 (b) no entry has been made in the division's criminal history records 17 for a period of at least five years preceding the issuance of such 18 report; and 19 (c) no warrant is outstanding. 20 3. When a criminal action in the division's criminal history record 21 repository becomes an undisposed case pursuant to this section, the 22 division shall notify the district attorney in the county which has 23 jurisdiction. If the district attorney notifies the division that such 24 case is pending and should not meet the definition of an undisposed 25 case, the case shall not be excluded from such report. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14433-01-8

S. 8203 2 1 4. The provisions of subdivision one of this section shall not apply 2 to criminal history record information (a) provided by the division to 3 qualified agencies pursuant to subdivision six of section eight hundred 4 thirty-seven of this article, or to federal or state law enforcement 5 agencies, for criminal justice purposes; (b) prepared solely for a bona 6 fide research purpose; or (c) prepared for the internal record keeping 7 or case management purposes of the division. 8 § 2. Subdivision 2 of section 212 of the judiciary law is amended by 9 adding a new paragraph (w) to read as follows: 10 (w) Take such actions and adopt such measures as may be necessary to 11 ensure that no written or electronic report of a criminal history record 12 search conducted by the office of court administration, other than a 13 search conducted solely for the internal recordkeeping or case manage- 14 ment purposes of the judiciary or for a bona fide research purpose, 15 contains information relating to an undisposed case. For purposes of 16 this paragraph, "undisposed case" shall mean a criminal action or 17 proceeding, other than a criminal action or proceeding for a class A-I 18 felony, a violent felony offense as defined in section 70.02 of the 19 penal law, a sex offense as defined in article one hundred thirty of the 20 penal law, or an offense as defined in section 255.25, 255.26 or 255.27 21 or article two hundred sixty-three of the penal law, for which: 22 (i) no conviction or imposition of sentence or other final disposition 23 has been recorded; and 24 (ii) no entry has been made in the division's criminal history records 25 for a period of at least five years preceding the issuance of such 26 report; and 27 (iii) no warrant is outstanding. 28 Nothing contained in this paragraph shall be deemed to permit or 29 require the release, disclosure or other dissemination by the office of 30 court administration of criminal history record information that has 31 been sealed in accordance with law. 32 § 3. The commissioner of the division of criminal justice services is 33 authorized to direct that records of any action or proceeding terminated 34 in favor of the accused, as defined by section 160.50 of the criminal 35 procedure law, on or after September 1, 1976 and before November 1, 1991 36 maintained by the division of criminal justice services be sealed in the 37 manner provided for by section 160.50 of the criminal procedure law. The 38 commissioner of the division of criminal justice services is further 39 authorized to direct that records of any action or proceeding terminated 40 by a conviction for a traffic infraction or a violation, other than a 41 violation of loitering as described in paragraph (d) of subdivision 1 of 42 section 160.10 of the penal law or the violation of operating a motor 43 vehicle while ability impaired as described in subdivision 1 of section 44 1192 of the vehicle and traffic law on or after September 1, 1980 and 45 before November 1, 1991 maintained by the division of criminal justice 46 services be sealed in the manner provided for by section 160.55 of the 47 criminal procedure law. 48 § 4. This act shall take effect on the one hundred eightieth day after 49 it shall have become a law and shall apply to searches of criminal 50 history records conducted on or after such date; provided, however, that 51 prior to such effective date, the division of criminal justice services, 52 in consultation with the state administrator of the unified court system 53 as well as any other public or private agency, shall undertake such 54 measures as may be necessary and appropriate to update its criminal 55 history records with respect to criminal cases and arrest incidents for 56 which no final disposition has been reported.

Relates to sealing of records

What's Happening

Why It Matters