Bill Text: NY A01029 | 2023-2024 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Provides for automatic sealing of certain convictions after a certain passage of time from either imposition of sentence, release from parole or probation, and if the defendant does not have a current charge pending; excludes certain offenses; permits access by certain persons.
Spectrum: Partisan Bill (Democrat 69-0)
Status: (Passed) 2023-11-16 - signed chap.631 [A01029 Detail]
Download: New_York-2023-A01029-Introduced.html
Bill Title: Provides for automatic sealing of certain convictions after a certain passage of time from either imposition of sentence, release from parole or probation, and if the defendant does not have a current charge pending; excludes certain offenses; permits access by certain persons.
Spectrum: Partisan Bill (Democrat 69-0)
Status: (Passed) 2023-11-16 - signed chap.631 [A01029 Detail]
Download: New_York-2023-A01029-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1029 2023-2024 Regular Sessions IN ASSEMBLY January 13, 2023 ___________ Introduced by M. of A. CRUZ, PRETLOW, GONZALEZ-ROJAS, MEEKS, BURGOS, MAMDANI, WALKER, JACKSON, SEAWRIGHT, SIMON, DICKENS, HYNDMAN, EPSTEIN, ANDERSON, KELLES, BURDICK, GALLAGHER, CARROLL, SEPTIMO, L. ROSENTHAL, ZINERMAN, REYES, HEVESI, DARLING, AUBRY, MITAYNES, WEPRIN, LAVINE, JOYNER, BICHOTTE HERMELYN, JEAN-PIERRE, KIM, HUNTER, CLARK, RIVERA, BRONSON, GIBBS, THIELE, DE LOS SANTOS, DAVILA, TAYLOR, COOK, VANEL, FAHY, TAPIA, CUNNINGHAM, GLICK, LUCAS, CHANDLER-WATERMAN, DINOWITZ, OTIS -- Multi-Sponsored by -- M. of A. RAMOS -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, the executive law and the correction law, in relation to automatic sealing of certain convictions The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The criminal procedure law is amended by adding a new 2 section 160.57 to read as follows: 3 § 160.57 Automatic sealing of convictions. 4 1. Convictions for certain traffic infractions and violations or any 5 crime defined in the laws of this state shall be sealed in accordance 6 with paragraph (c) of this subdivision as follows: 7 (a) Convictions for subdivision one of section eleven hundred ninety- 8 two of the vehicle and traffic law shall be sealed after three years. 9 (b) Criminal convictions for misdemeanors and felonies shall be sealed 10 upon satisfaction of the following conditions: 11 (i) at least three years have passed from the imposition of sentence 12 on the defendant's most recent misdemeanor conviction in this state and 13 at least seven years have passed since the imposition of sentence on the 14 defendant's most recent felony conviction in this state; in calculating 15 the time periods under this section, any period of time during which the 16 defendant was incarcerated on a determinate or indeterminate sentence 17 for a period of at least one year shall be excluded and such time period EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01987-01-3A. 1029 2 1 shall be extended by a period equal to the time served under such incar- 2 ceration with such period being calculated from the original sentencing 3 date, notwithstanding any modification or vacatur of the original judg- 4 ment, conviction, or sentence and the entry of the new judgment, 5 conviction, or sentence; 6 (ii) the defendant does not have a subsequent criminal charge pending 7 in this state; 8 (iii) the defendant is not currently under the supervision of any 9 probation or parole department for the eligible conviction; and 10 (iv) the conviction is not defined as a sex offense under section one 11 hundred sixty-eight-a of the correction law. 12 (c) Where a conviction is eligible for sealing pursuant to this 13 section before, on, or after the effective date of this section, the 14 division of criminal justice services shall immediately notify the 15 office of court administration, the court of conviction, and the heads 16 of all appropriate police and sheriff departments that the conviction is 17 sealed. 18 (d) Records of convictions sealed pursuant to this section including 19 photographs, photographic plates or proofs, palmprints, fingerprints or 20 retina scans shall not be accessed by or made available to any person or 21 public or private agency, or used by any entity covered by subdivision 22 three of this section except for: 23 (i) the defendant and such defendant's counsel; 24 (ii) any court, defense counsel or prosecutor for the purposes of a 25 pending criminal proceeding or proceedings brought in a criminal court 26 pursuant to article six-C of the correction law; 27 (iii) qualified agencies, as defined in subdivision nine of section 28 eight hundred thirty-five of the executive law, federal and state law 29 enforcement agencies, and interstate and international authorities as 30 defined in subdivision three of section two of the public authorities 31 law, when acting within the scope of their law enforcement duties; 32 (iv) the court, prosecutor, and defense counsel if the defendant 33 becomes a witness in a criminal proceeding, or the claimant and respond- 34 ent if the defendant becomes a witness in a civil proceeding; 35 (v) when an individual is a defendant in a criminal proceeding or 36 proceedings brought in a criminal court pursuant to article six-C of the 37 corrections law and the sealed records of conviction of a third party 38 are integral to their defense. In such instances, use of sealed records 39 of conviction shall be requested upon ex parte motion in any superior 40 court, or in any district court, city court or the criminal court of the 41 city of New York provided that such court is where the action is pend- 42 ing. The applicant must demonstrate to the satisfaction of the court 43 that the records will be used for the purpose of this subparagraph; 44 (vi) entities that are required by state or federal law to request and 45 receive a fingerprint-based check of criminal history information, 46 including the state education department office of school personnel 47 review and accountability for the purposes of sections three thousand 48 four-b, three thousand one-b, and three thousand thirty-five of the 49 education law, provided, however, that a person whose criminal history 50 information is retrieved pursuant to this paragraph shall be furnished 51 with a copy of such information, together with a copy of article twen- 52 ty-three-A of the correction law, and informed of his or her right to 53 seek correction of any incorrect information contained in such criminal 54 history information pursuant to regulations and procedures established 55 by the division of criminal justice services;A. 1029 3 1 (vii) pursuant to applicable regulations promulgated by the commis- 2 sioner of the division of criminal justice services, specified entities 3 that are authorized by state or federal law to request and receive a 4 fingerprint-based check of criminal history information in relation to 5 the provision of care or services to children, as defined in subdivision 6 one of section three hundred seventy-one of the social services law, and 7 vulnerable persons, as defined in subdivision fifteen of section four 8 hundred eighty-eight of the social services law, provided, however, that 9 a person whose criminal history information is retrieved pursuant to 10 this paragraph shall be provided with a copy of such criminal history 11 information, together with a copy of article twenty-three-A of the 12 correction law, and informed of his or her right to seek correction of 13 any incorrect information contained in such criminal history information 14 pursuant to regulations and procedures established by the division of 15 criminal justice services; 16 (viii) any prospective employer of a police officer or peace officer 17 as those terms are defined in subdivisions thirty-three and thirty-four 18 of section 1.20 of this chapter, in relation to an application for 19 employment as a police officer, provided, however, that every person who 20 is an applicant shall be furnished with a copy of all records obtained 21 under this paragraph and afforded an opportunity to make an explanation 22 thereto; 23 (ix) any federal, state or local officer or agency with responsibility 24 for the issuance of licenses to possess a firearm, rifle or shotgun or 25 with responsibility for conducting background checks before transfer or 26 sale of a firearm or explosive, when the officer or agency is acting 27 pursuant to such responsibility. This includes the criminal justice 28 information services division of the federal bureau of investigation, 29 for the purposes of responding to queries to the national instant back- 30 ground check system regarding attempts to purchase or otherwise take 31 possession of firearms, rifles or shotguns, as defined in 18 U.S.C. § 32 921 (A)(3); 33 (x) for the purposes of civilian investigation or evaluation of a 34 civilian complaint or civil action concerning law enforcement or prose- 35 cution actions, upon ex parte motion in any superior court, or in any 36 district court, city court or the criminal court of the city of New York 37 provided that such court sealed the record; the applicant must demon- 38 strate to the satisfaction of the court that the records will be used 39 for the purposes of this subparagraph; 40 (xi) for information provided to an individual or entity pursuant to 41 paragraph (e) of subdivision four of section eight hundred thirty-seven 42 of the executive law or for bona fide research purposes provided all 43 identifying information is removed; 44 (xii) when an individual seeks to avail themselves of a public program 45 or benefit, including but not limited to an immigration benefit, for 46 which the sealed records of conviction of a third party are integral to 47 their application for such program or benefit. In such instances, the 48 individual or their attorney shall request the use of sealed records 49 pursuant to a form as prescribed in subdivision twenty-three of section 50 eight hundred thirty-seven of the executive law; 51 (xiii) for the purpose of collection of restitution ordered pursuant 52 to section 60.27 of the penal law. In such instances, use of sealed 53 records shall be requested upon ex parte motion in any superior court, 54 or in any district court, city court or criminal court of the city of 55 New York provided that such court is where the action is pending. TheA. 1029 4 1 applicant must demonstrate to the satisfaction of the court that the 2 records will be used for the purpose of this subparagraph; 3 (xiv) transportation network companies that are required or authorized 4 by state law to request criminal history information pursuant to section 5 sixteen hundred ninety-nine of the vehicle and traffic law; and 6 (xv) the state education department office of the professions, for the 7 purposes of: 8 (1) investigating professional misconduct as defined by subparagraph 9 (i) of paragraph (a) of subdivision five of section sixty-five hundred 10 nine of the education law or for consideration of restoration of a 11 professional license pursuant to section sixty-five hundred eleven of 12 the education law, provided that the office of the professions certifies 13 to the division of criminal justice services that it is investigating an 14 individual licensed to practice a profession pursuant to article one 15 hundred thirty of the education law for professional misconduct as 16 defined by paragraph (a) of subdivision five of section sixty-five 17 hundred nine of the education law or considering restoration of a 18 professional license pursuant to section sixty-five hundred eleven of 19 the education law, as appropriate, and that a person whose criminal 20 history information is retrieved pursuant to this paragraph shall be 21 furnished with a copy of such information, together with a copy of arti- 22 cle twenty-three-A of the correction law, and informed of his or her 23 right to seek correction of any incorrect information contained in such 24 criminal history information pursuant to regulations and procedures 25 established by the division of criminal justice services; 26 (2) issuing licenses for admission to practice specific professions 27 defined in sections sixty-five hundred thirty, sixty-five hundred 28 fifty-four, sixty-six hundred four, sixty-six hundred thirty-two, 29 sixty-seven hundred thirty-four, sixty-eight hundred five, sixty-nine 30 hundred five, sixty-nine hundred fifty-five, seven thousand four, seven- 31 ty-one hundred four, seventy-four hundred four, seventy-six hundred 32 three, seventy-eight hundred four, seventy-nine hundred four, eighty-two 33 hundred six, eighty-two hundred fourteen, eighty-four hundred two, 34 eighty-five hundred four, eighty-five hundred five, and eighty-eight 35 hundred four of the education law, provided that the office of the 36 professions certifies to the division of criminal justice services that 37 it is evaluating an individual for a license to practice one of the 38 enumerated professions and that a person whose criminal history informa- 39 tion is retrieved pursuant to this paragraph shall be furnished with a 40 copy of such information, together with a copy of article twenty-three-A 41 of the correction law, and informed of his or her right to seek 42 correction of any incorrect information contained in such criminal 43 history information pursuant to regulations and procedures established 44 by the division of criminal justice services. 45 (e) Where the sealing required by this paragraph has not taken place, 46 or where supporting court records cannot be located or have been 47 destroyed, and a defendant or their attorney submits notification of 48 such fact to the division of criminal justice services, as prescribed in 49 subdivision twenty-three of section eight hundred thirty-seven of the 50 executive law, within thirty days of such notice to the division, the 51 conviction shall be sealed as set forth in this subdivision. 52 2. Where a conviction is eligible for sealing pursuant to this section 53 before, on, or after the effective date of this section, the commission- 54 er of the division of criminal justice services shall immediately notify 55 the office of court administration, the court of conviction and the 56 heads of all appropriate police departments, prosecutors' offices andA. 1029 5 1 law enforcement agencies that the conviction is sealed. Upon receipt of 2 such notification, records of or relating to such conviction shall be 3 immediately sealed pursuant to this section. 4 (a) Any such entity that possesses information, records, documents or 5 papers related to the eligible conviction shall seal them as follows: 6 (i) Every photograph of such defendant and photographic plates or 7 proof, and all palmprints, fingerprints and retina scans taken or made 8 of such individual pursuant to the provisions of this article in regard 9 to the eligible conviction, and all duplicates, reproductions, and 10 copies thereof, except a digital fingerprint that is on file with the 11 division of criminal justice services for a conviction that has not been 12 sealed pursuant to this section shall be marked as sealed by the divi- 13 sion of criminal justice services and by any police department, 14 prosecutor's office or law enforcement agency having any such photo- 15 graph, photographic plate or proof, palmprint, fingerprints or retina 16 scan in its possession or under its control by conspicuously indicating 17 on the face of the record or at the beginning of the digitized file of 18 the record that the record has been designated as sealed. Where finger- 19 prints subject to the provisions of this section have been received by 20 the division of criminal justice services and have been filed by the 21 division as digital images, such images may remain unsealed, provided 22 that a fingerprint card of the individual is on file with the division 23 which was not sealed pursuant to this section. 24 (ii) Every official record and paper and duplicates and copies there- 25 of, including, but not limited to, judgments and orders of a court but 26 not including published court decisions or opinions or records and 27 briefs on appeal, relating to the conviction, on file with the agency 28 shall be marked as sealed by conspicuously indicating on the face of the 29 record or at the beginning of the digitized file of the record that the 30 record has been designated as sealed. 31 (b) Third-party agencies shall seal information and all records, docu- 32 ments and papers relating to the eligible conviction as follows: 33 (i) Every police department, prosecutor's office or law enforcement 34 agency, including the division of criminal justice services, which tran- 35 smitted or otherwise forwarded to any agency of the United States or of 36 any other state or jurisdiction outside of this state copies of any such 37 photographs, photographic plates or proofs, palmprints, fingerprints or 38 retina scans, shall forthwith formally inform such agency in writing 39 that the matter has been sealed and request in writing that all such 40 copies be marked as sealed by conspicuously indicating on the face of 41 the record or at the beginning of the digitized file of the record that 42 the record has been designated as sealed. 43 (ii) Every official record and paper and duplicates and copies there- 44 of, including, but not limited to, judgments and orders of a court but 45 not including published court decisions or opinions or records and 46 briefs on appeal, relating to the conviction, on file with the agency 47 shall be marked as sealed by conspicuously indicating on the face of the 48 record or at the beginning of the digitized file of the record that the 49 record has been designated as sealed. 50 3. (a) Nothing in this section requires the sealing or destruction of 51 DNA information maintained in the New York state DNA database of such 52 individual pursuant to the provisions of the executive law in regard to 53 the eligible conviction. 54 (b) Nothing in this section requires the sealing or destruction of 55 records maintained by the department of motor vehicles, and nothing in 56 this section shall be construed to contravene the vehicle and trafficA. 1029 6 1 law, the federal driver's privacy protection act (18 U.S.C 2721 et. 2 seq.), the REAL ID Act of 2005 (Public Law 109-13; 49 U.S.C. 30301 3 note), section 7209 of the Intelligence Reform and Terrorism Prevention 4 Act of 1986 (49 U.S.C. 31311), or regulations promulgated pursuant to 5 any such chapter or act. 6 (c) The division of criminal justice services is authorized to 7 disclose a conviction that is sealed pursuant to this section to enti- 8 ties that are required by federal law, or by rules and regulations 9 promulgated by a self-regulatory organization created under federal law, 10 to consider sealed convictions. Such entities must certify to the divi- 11 sion that they are required by federal law, or by rules and regulations 12 promulgated by a self-regulatory organization that has been created 13 under federal law, to make an inquiry about or consider records sealed 14 pursuant to this section for purposes of employment, licensing, or 15 clearance. To the extent permitted by federal law, a record sealed 16 pursuant to this section may not be considered a conviction that would 17 prohibit the employment, licensing or clearance of the defendant. 18 (d) Nothing in this section shall prohibit entities required by feder- 19 al law, or by rules and regulations promulgated by a self-regulatory 20 organization that has been created under federal law, from making an 21 inquiry about or considering an applicant's criminal history for 22 purposes of employment, licensing, or clearance from inquiring into 23 convictions sealed pursuant to this section. 24 (e) In any civil action, an official record of a conviction that has 25 been sealed pursuant to this section may not be introduced as evidence 26 of negligence against a person or entity that provided employment, 27 contract labor or services, volunteer work, licensing, tenancy, a home 28 purchase, a mortgage, an education, a loan, or insurance if such record 29 was sealed and was not provided to the person or entity by or on behalf 30 of a governmental entity in accordance with this section in response to 31 such person's or entity's authorized and timely request for conviction 32 history information. 33 (f) A person or entity described in this subdivision, acting reason- 34 ably and in good faith, may not have a duty to investigate the fact of a 35 prior conviction that has been sealed pursuant to this section. 36 4. No defendant shall be required or permitted to waive eligibility 37 for sealing pursuant to this section as part of a plea of guilty, 38 sentence or any agreement related to a conviction for a violation of the 39 laws of this state. Any such waiver is void and unenforceable. 40 5. Sealing as set forth in subdivision two of this section is without 41 prejudice to a defendant or their attorney seeking further relief pursu- 42 ant to article four hundred forty of this chapter. Nothing in this 43 section is intended or shall be interpreted to diminish or abrogate any 44 rights or remedies otherwise available to the defendant. 45 6. All records for a conviction subject to sealing under this section 46 where the conviction was entered on or before the effective date of this 47 section shall receive the appropriate relief promptly and, in any event, 48 no later than two years after such effective date. 49 7. A conviction which is sealed pursuant to this section is included 50 within the definition of a conviction for the purposes of any criminal 51 proceeding in which the fact of a prior conviction would enhance a 52 penalty or is an element of the offense charged. 53 8. Any defendant claiming to be aggrieved by a violation of this 54 section shall have a cause of action in any court of appropriate juris- 55 diction for damages, including punitive damages, and such other remedies 56 as may be appropriate. The provisions of this article shall also beA. 1029 7 1 enforceable by the division of human rights pursuant to the powers and 2 procedures set forth in article fifteen of the executive law. 3 § 2. Section 845-d of the executive law is amended by adding a new 4 subdivision 4 to read as follows: 5 4. Nothing in this section shall authorize the division to provide 6 criminal history information that is sealed pursuant to section 160.57 7 of the criminal procedure law to any entity other than those explicitly 8 authorized by that section to receive or access such information. 9 § 3. Section 837 of the executive law is amended by adding three new 10 subdivisions 24, 25 and 26 to read as follows: 11 24. Promulgate a standardized form for use by individuals to notify 12 the division of criminal justice services of convictions subject to 13 sealing under section 160.57 of the criminal procedure law, but for 14 which the division has not taken the requisite action for related 15 records. 16 25. Promulgate a certification process whereby individuals seeking use 17 of sealed records pursuant to subparagraph (xii) of paragraph (d) of 18 subdivision one of section 160.57 of the criminal procedure law may 19 request and access records. 20 26. Adopt, amend and rescind such regulations as may be necessary to 21 effectuate the provisions of subparagraph (vii) of paragraph (d) of 22 subdivision one of section 160.57 of the criminal procedure law to 23 determine entities authorized to receive sealed records for purposes of 24 occupations that involve regular and substantial unsupervised or unre- 25 stricted physical contact with children as defined in subdivision one of 26 section three hundred seventy-one of the social services law, and 27 vulnerable persons, as defined in subdivision fifteen of section four 28 hundred eighty-eight of the social services law. 29 § 4. Subdivision 16 of section 296 of the executive law, as amended by 30 section 2 of subpart O of part II of chapter 55 of the laws of 2019, is 31 amended to read as follows: 32 16. It shall be an unlawful discriminatory practice, unless specif- 33 ically required or permitted by statute, for any person, agency, bureau, 34 corporation or association, including the state and any political subdi- 35 vision thereof, to make any inquiry about, whether in any form of appli- 36 cation or otherwise, or to act upon adversely to the individual 37 involved, any arrest or criminal accusation of such individual not then 38 pending against that individual which was followed by a termination of 39 that criminal action or proceeding in favor of such individual, as 40 defined in subdivision two of section 160.50 of the criminal procedure 41 law, or by an order adjourning the criminal action in contemplation of 42 dismissal, pursuant to section 170.55, 170.56, 210.46, 210.47, or 215.10 43 of the criminal procedure law, or by a youthful offender adjudication, 44 as defined in subdivision one of section 720.35 of the criminal proce- 45 dure law, or by a conviction for a violation sealed pursuant to section 46 160.55 of the criminal procedure law or by a conviction which is sealed 47 pursuant to section 160.59 or 160.58 of the criminal procedure law, or 48 by a conviction which is sealed pursuant to section 160.57 of the crimi- 49 nal procedure law, except where such conviction record is accessed 50 pursuant to subparagraph (vi), (vii), or (xv) of paragraph (d) of subdi- 51 vision one of section 160.57 of the criminal procedure law, in 52 connection with the licensing, housing, employment, including volunteer 53 positions, or providing of credit or insurance to such individual; 54 provided, further, that no person shall be required to divulge informa- 55 tion pertaining to any arrest or criminal accusation of such individual 56 not then pending against that individual which was followed by a termi-A. 1029 8 1 nation of that criminal action or proceeding in favor of such individ- 2 ual, as defined in subdivision two of section 160.50 of the criminal 3 procedure law, or by an order adjourning the criminal action in contem- 4 plation of dismissal, pursuant to section 170.55 or 170.56, 210.46, 5 210.47 or 215.10 of the criminal procedure law, or by a youthful offen- 6 der adjudication, as defined in subdivision one of section 720.35 of the 7 criminal procedure law, or by a conviction for a violation sealed pursu- 8 ant to section 160.55 of the criminal procedure law, or by a conviction 9 which is sealed pursuant to section 160.58 or 160.59 of the criminal 10 procedure law, or by a conviction which is sealed pursuant to section 11 160.57 of the criminal procedure law, except where such conviction 12 record is accessed pursuant to subparagraph (vi), (vii), or (xv) of 13 paragraph (d) of subdivision one of section 160.57 of the criminal 14 procedure law. An individual required or requested to provide informa- 15 tion in violation of this subdivision may respond as if the arrest, 16 criminal accusation, or disposition of such arrest or criminal accusa- 17 tion did not occur. The provisions of this subdivision shall not apply 18 to the licensing activities of governmental bodies in relation to the 19 regulation of guns, firearms and other deadly weapons or in relation to 20 an application for employment as a police officer or peace officer as 21 those terms are defined in subdivisions thirty-three and thirty-four of 22 section 1.20 of the criminal procedure law; provided further that the 23 provisions of this subdivision shall not apply to an application for 24 employment or membership in any law enforcement agency with respect to 25 any arrest or criminal accusation which was followed by a youthful 26 offender adjudication, as defined in subdivision one of section 720.35 27 of the criminal procedure law, or by a conviction for a violation sealed 28 pursuant to section 160.55 of the criminal procedure law, or by a 29 conviction which is sealed pursuant to section 160.58 or 160.59 of the 30 criminal procedure law, or by a conviction which is sealed pursuant to 31 section 160.57 of the criminal procedure law. For purposes of this 32 subdivision, an action which has been adjourned in contemplation of 33 dismissal, pursuant to section 170.55 or 170.56, 210.46, 210.47 or 34 215.10 of the criminal procedure law, shall not be considered a pending 35 action, unless the order to adjourn in contemplation of dismissal is 36 revoked and the case is restored to the calendar for further prose- 37 cution. 38 § 5. Section 9 of the correction law, as added by section 2 of part OO 39 of chapter 56 of the laws of 2010, the section heading as amended by 40 chapter 322 of the laws of 2021, is amended to read as follows: 41 § 9. Access to information of incarcerated individuals via the inter- 42 net. Notwithstanding any provision of law to the contrary, any informa- 43 tion relating to the conviction of a person[, except for a person44convicted of an offense that would make such person ineligible for merit45time under section eight hundred three of this chapter or an offense for46which registration as a sex offender is required as set forth in subdi-47vision two or three of section one hundred sixty-eight-a of this chap-48ter,] that is posted on a website maintained by or for the department, 49 under article six of the public officers law, may be posted on such 50 website for a period not to exceed [five] three years after the expira- 51 tion of such person's sentence of imprisonment and at the conclusion of 52 any period of parole or post-release supervision[; provided, however,53that in the case of a person who has been committed to the department on54more than one occasion, the department may post conviction information55relating to any prior commitment on such website for a period not to56exceed five years after the expiration of such person's sentence ofA. 1029 9 1imprisonment and any period of parole or post-release supervision aris-2ing from the most recent commitment to the department]. 3 § 6. Severability. If any provision of this act or the application 4 thereof to any person, corporation or circumstances is held invalid, 5 such invalidity shall not affect other provisions or applications of the 6 act which can be given effect without the invalid provision or applica- 7 tion, and to this end the provisions of this act are declared to be 8 severable. 9 § 7. This act shall take effect on the one hundred twentieth day after 10 it shall have become a law.
