Bill Text: NY A01607 | 2023-2024 | General Assembly | Introduced

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Bill Title: Creates the office of expungement within the division of criminal justice services to oversee the sealing and expungement of certain convictions.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced) 2024-01-03 - referred to codes [A01607 Detail]

Download: New_York-2023-A01607-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1607

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 17, 2023
                                       ___________

        Introduced  by  M. of A. ANDERSON, REYES, GONZALEZ-ROJAS, SIMON, FORREST
          -- read once and referred to the Committee on Codes

        AN ACT to amend the executive  law,  in  relation  to  establishing  the
          office of expungement within the division of criminal justice services

          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  837-x
     2  to read as follows:
     3    §  837-x.  Office  of  expungement.  1.  Definitions.  As  used in the
     4  section, the following terms shall have the following meanings:
     5    (a) "eligible conviction" shall mean a conviction which is eligible to
     6  be sealed and/or expunged under section 160.50, 160.55,  160.57,  160.58
     7  or 160.59 of the criminal procedure law.
     8    (b)  "office"  shall  mean the office of expungement as established by
     9  this section.
    10    2. Establishment of office. There is  hereby  established  within  the
    11  division  of  criminal  justice services the office of expungement which
    12  shall  oversee  the  sealing  and/or   expungement   of   all   eligible
    13  convictions.
    14    3. Duties and responsibilities. The office shall:
    15    (a)  inform the defendant and such defendant's attorney that an eligi-
    16  ble conviction can be sealed and/or expunged;
    17    (b) ensure all eligible convictions are sealed and/or  expunged  accu-
    18  rately and in a timely manner;
    19    (c) act as an advocate for those with eligible convictions to get such
    20  convictions sealed and/or expunged;
    21    (d)  advise  the  governor and the legislature on the impact of having
    22  eligible convictions sealed and/or expunged; and
    23    (e) develop standards, guidelines, and  best  practices  for  ensuring
    24  accurate and timely sealing and/or expungement of eligible convictions.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03159-01-3
        A. 1607                             2

     1    4.  Other  state  agencies shall provide cooperation and assistance to
     2  the office so as to assist  it  in  the  effective  performance  of  its
     3  duties.
     4    §  2.  This  act  shall  take  effect on the same date and in the same
     5  manner as a chapter of the laws of 2023 amending the criminal  procedure
     6  law,  the executive law and the correction law, in relation to automatic
     7  sealing of certain convictions, as proposed in legislative  bill  number
     8  S. 211, takes effect.