What's happening
This bill ends conditional conviction sealing for drug treatment graduates and removes related discrimination protections.
Why it matters
Statewide court change. Repeals the provision allowing conditional sealing of certain drug, marijuana and specified other convictions after drug treatment.
Employment and financial consequences. Removes protections tied to those sealed convictions against inquiries or adverse decisions in employment, licensing, credit and insurance, along with the protection against required disclosure.
Other protections remain. Leaves protections for convictions sealed under section 160.59, youthful offender adjudications and other listed records in place.
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Who cares
People who complete drug treatment
They would lose this conditional sealing pathway and its related protections.
Judges and court staff
They would no longer have section 160.58 as authority for conditional sealing.
Employers and licensing agencies
The bill would remove this provision's restrictions on considering convictions sealed under section 160.58.
Lenders and insurers
The bill would remove protections tied to these convictions in credit and insurance decisions.
Headline styles
End Drug Treatment Conviction Sealing
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Held for consideration in codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4718
2019-2020 Regular Sessions
IN ASSEMBLY
February 5, 2019
Introduced by M. of A. MALLIOTAKIS -- read once and referred to the Committee on Codes
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
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 160.58 of the criminal procedure law is REPEALED.
§ 2. Subdivision 16 of section 296 of the executive law, as amended by section 48-a of part WWW of chapter 59 of the laws of 2017, is amended to read as follows:
16. It shall be an unlawful discriminatory practice, unless specifically required or permitted by statute, for any person, agency, bureau, corporation or association, including the state and any political subdivision thereof, to make any inquiry about, whether in any form of application or otherwise, or to act upon adversely to the individual involved, any arrest or criminal accusation of such individual not then pending against that individual which was followed by a termination of that criminal action or proceeding in favor of such individual, as defined in subdivision two of section 160.50 of the criminal procedure law, or by a youthful offender adjudication, as defined in subdivision one of section 720.35 of the criminal procedure law, or by a conviction for a violation sealed pursuant to section 160.55 of the criminal procedure law or by a conviction which is sealed pursuant to section 160.59 [or 160.58] of the criminal procedure law, in connection with the licensing, employment or providing of credit or insurance to such individual; provided, further, that no person shall be required to divulge information pertaining to any arrest or criminal accusation of such individual not then pending against that individual which was followed by a termination of that criminal action or proceeding in favor of such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08671-01-9
A. 4718 2
individual, as defined in subdivision two of section 160.50 of the criminal procedure law, or by a youthful offender adjudication, as defined in subdivision one of section 720.35 of the criminal procedure law, or by a conviction for a violation sealed pursuant to section 160.55 of the criminal procedure law, or by a conviction which is sealed pursuant to section [160.58 or] 160.59 of the criminal procedure law. The provisions of this subdivision shall not apply to the licensing activities of governmental bodies in relation to the regulation of guns, firearms and other deadly weapons or in relation to an application for employment as a police officer or peace officer as those terms are defined in subdivisions thirty-three and thirty-four of section 1.20 of the criminal procedure law; provided further that the provisions of this subdivision shall not apply to an application for employment or membership in any law enforcement agency with respect to any arrest or criminal accusation which was followed by a youthful offender adjudication, as defined in subdivision one of section 720.35 of the criminal procedure law, or by a conviction for a violation sealed pursuant to section 160.55 of the criminal procedure law, or by a conviction which is sealed pursuant to section [160.58 or] 160.59 of the criminal procedure law.
§ 3. This act shall take effect on the sixtieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.