Bill Text: NY A00933 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to sealing records for certain proceedings that terminate in favor of the accused where the charges relate to the possession of marihuana.
Spectrum: Partisan Bill (Democrat 18-0)
Status: (Introduced - Dead) 2020-01-08 - referred to codes [A00933 Detail]
Download: New_York-2019-A00933-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 933 2019-2020 Regular Sessions IN ASSEMBLY January 14, 2019 ___________ Introduced by M. of A. PEOPLES-STOKES, CRESPO, ZEBROWSKI, BARRON, BLAKE, JAFFEE, DE LA ROSA, L. ROSENTHAL, HYNDMAN, JEAN-PIERRE, MOSLEY, TAYLOR, WALKER, LUPARDO, SIMON, WRIGHT -- Multi-Sponsored by -- M. of A. RAMOS -- read once and referred to the Committee on Codes AN ACT to amend the penal law and the criminal procedure law, in relation to sealing records for certain proceedings The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 221.05 of the penal law, as added by chapter 360 of 2 the laws of 1977, is amended to read as follows: 3 § 221.05 Unlawful possession of marihuana. 4 A person is guilty of unlawful possession of marihuana when he know- 5 ingly and unlawfully possesses marihuana. 6 Unlawful possession of marihuana is a violation punishable only by a 7 fine of not more than one hundred dollars. However, where the defendant 8 has previously been convicted of [an offense] a crime defined in this 9 article, except a crime defined in section 221.10 of this article 10 provided, however, that the record of such conviction does not demon- 11 strate a conviction under subdivision two of such section 221.10, or 12 article 220 of this chapter, committed within the three years immediate- 13 ly preceding such violation, it shall be punishable (a) only by a fine 14 of not more than two hundred dollars, if the defendant was previously 15 convicted of one such offense committed during such period, and (b) by a 16 fine of not more than two hundred fifty dollars or a term of imprison- 17 ment not in excess of fifteen days or both, if the defendant was previ- 18 ously convicted of two such offenses committed during such period. 19 § 2. Paragraph (k) of subdivision 3 of section 160.50 of the criminal 20 procedure law, as added by chapter 835 of the laws of 1977 and as relet- 21 tered by chapter 192 of the laws of 1980, is amended to read as follows: 22 (k) (i) The accusatory instrument alleged a violation of article two 23 hundred twenty or section 240.36 of the penal law, prior to the taking EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04702-01-9A. 933 2 1 effect of article two hundred twenty-one of the penal law, or a 2 violation of article two hundred twenty-one of the penal law; (ii) the 3 sole controlled substance involved is marijuana; and (iii) the 4 conviction was only for a violation or violations[; and (iv) at least5three years have passed since the offense occurred] of section 221.10 of 6 the penal law provided, however, that the record of such conviction does 7 not demonstrate a conviction under subdivision two of such section 8 221.10, or for a petty offense or offenses. No defendant shall be 9 required or permitted to waive eligibility for sealing pursuant to this 10 paragraph as part of a plea of guilty, sentence or any agreement related 11 to a conviction for a violation of section 221.05 or section 221.10 of 12 the penal law and any such waiver shall be deemed void and wholly unen- 13 forceable. 14 § 3. Section 160.50 of the criminal procedure law is amended by adding 15 three new subdivisions 5, 6 and 7 to read as follows: 16 5. A person convicted of a violation of section 221.10 of the penal 17 law, other than a conviction after trial of, or plea of guilty to, 18 subdivision two of such section 221.10, prior to the effective date of 19 this subdivision may upon motion apply to the court in which such termi- 20 nation occurred, upon not less than twenty days notice to the district 21 attorney, for an order granting to such person the relief set forth in 22 subdivision one of this section, and such order shall be granted unless 23 the district attorney demonstrates that the interests of justice require 24 otherwise. 25 6. (a) Notwithstanding any other provision of law except as provided 26 in paragraph (d) of subdivision one of this section and paragraph (e) of 27 subdivision four of section eight hundred thirty-seven of the executive 28 law: (i) when the division of criminal justice services conducts a 29 search of its criminal history records, maintained pursuant to subdivi- 30 sion six of section eight hundred thirty-seven of the executive law, and 31 returns a report thereon, all references to a conviction for a violation 32 of section 221.10 of the penal law, other than a conviction after trial 33 of, or plea of guilty to, subdivision two of such section 221.10, shall 34 be excluded from such report; and (ii) the chief administrator of the 35 courts shall develop and promulgate rules as may be necessary to ensure 36 that no written or electronic report of a criminal history record search 37 conducted by the office of court administration contains information 38 relating to a conviction for a violation of section 221.10 of the penal 39 law, other than a conviction after trial of, or plea of guilty to, 40 subdivision two of such section 221.10, unless such search is conducted 41 solely for a bona fide research purpose, provided that such information, 42 if so disseminated, shall be disseminated in accordance with procedures 43 established by the chief administrator of the courts to assure the secu- 44 rity and privacy of identification and information data, which shall 45 include the execution of an agreement which protects the confidentiality 46 of the information and reasonably protects against data linkage to indi- 47 viduals. 48 (b) Nothing contained in this subdivision shall be deemed to permit or 49 require the release, disclosure or other dissemination by the division 50 of criminal justice services or the office of court administration of 51 criminal history record information that has been sealed in accordance 52 with law. 53 7. A person convicted of a violation of section 221.05 of the penal 54 law shall, on the effective date of this subdivision, have such 55 conviction immediately sealed pursuant to subdivision one of thisA. 933 3 1 section if such conviction occurred less than three years prior to such 2 effective date. 3 § 4. This act shall take effect on the sixtieth day after it shall 4 have become a law.