Bill Text: NY A02031 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to establishing an automatic expunction system for certain records including unconstitutional stops that occurred between January two thousand four and June two thousand twelve by the New York city police department that either resulted in the completion of a UF-250 form or a Form 61 complaint in which the SQF section was completed and led to arrests for either resisting arrest, disorderly conduct, criminal possession of a weapon, and offenses involving marihuana.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced) 2023-02-01 - enacting clause stricken [A02031 Detail]
Download: New_York-2023-A02031-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2031 2023-2024 Regular Sessions IN ASSEMBLY January 23, 2023 ___________ Introduced by M. of A. ZINERMAN, TAYLOR, DICKENS, JACKSON -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to establishing an automatic expunction system for certain records The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative intent. On August 12, 2013, United States 2 District Judge Shira A. Scheindlin issued an order in Floyd v. City of 3 New York that found the city of New York had violated the Fourth and 4 Fourteenth Amendments by acting with "deliberate indifference" toward 5 the New York City Police Department's (NYPD) practice of making suspi- 6 cionless "stops" and "frisks" and by adopting "a policy of indirect 7 racial profiling by targeting racially defined groups" for "stops" and 8 "frisks". Additionally, a remedial order was issued imposing remedies or 9 "reforms" to the NYPD's "stop and frisk" practices. (959 F.Supp.2d 540, 10 562, 668 (S.D.N.Y. 2013)). In a settlement to a lawsuit brought by the 11 New York Civil Liberties Union the city was required to delete personal 12 information including names and addresses of individuals that were 13 stopped, questioned and/or frisked. Between January 2004 and June 2012 14 the NYPD made 4.4 million stops in which 83% of them were made on Afri- 15 can Americans and Hispanics. The legislature finds that any records 16 associated with such unconstitutional stops, frisks and arrests shall be 17 automatically expunged and notification shall be made to such individ- 18 uals of such expunction. 19 § 2. The criminal procedure law is amended by adding a new section 20 160.65 to read as follows: 21 § 160.65 New York city stop and frisk automatic expunction. 22 1. For purposes of this section, the following terms shall have the 23 following meanings: 24 (a) "Stop and frisk" shall have the same meaning as section 140.50 of 25 this title. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01001-02-3A. 2031 2 1 (b) "Voidable stop" shall mean any stop that: 2 (i) qualifies as a stop and frisk; 3 (ii) occurred between January two thousand four and June two thousand 4 twelve by the New York city police department; and 5 (iii) resulted in either the completion of: 6 (A) a UF-250 form, a stop, question and frisk report worksheet; or 7 (B) a Form 61 complaint in which the SQF section was completed and 8 resulted in a qualified arrest. 9 (b) "Qualified arrest" shall mean an arrest for any of the following 10 offenses: 11 (i) resisting arrest pursuant to section 205.30 of the penal law; 12 (ii) disorderly conduct pursuant to section 240.20 of the penal law; 13 (iii) criminal possession of a weapon pursuant to sections 265.01, 14 265.02, 265.03 and 265.04 of the penal law; and 15 (iv) offenses involving marihuana pursuant to the former article two 16 hundred twenty-one of the penal law. 17 2. The division of criminal justice services, in conjunction with the 18 New York city police department shall establish an automatic expunction 19 system to expunge official and unofficial records of all voidable stops. 20 Such expunction shall include but not be limited to any convictions and 21 all records pertaining to such stop including UF-250 form information, 22 any and all records of arrest, investigation including computer data- 23 bases, and records of detention pursuant to such voidable stop and/or 24 qualified arrest, fingerprints, photographs, DNA samples, physical meas- 25 urements, or any other record of identification. 26 3. Such automatic expunction system shall include: 27 (a) an automatic certification process that shall notify any individ- 28 ual at their last known address of such expunction; and 29 (b) an automatic notification mechanism for all licensing agencies to 30 notify such that such expunctions have occurred and no individual shall 31 be adversely affected by such voidable stop and/or qualified arrest. 32 4. (a) Any individual who knowingly fails to expunge or obliterate, or 33 who releases information ordered expunged, is guilty of a class A misde- 34 meanor. An individual, who, knowing the records are expunged, uses the 35 information for financial gain, or willful destruction of a person's 36 character is guilty of a class D felony. 37 (b) A penalty of thirty thousand dollars shall be assessed upon the 38 New York city police department every month such department fails to 39 comply with subdivision five of this section. Such penalty shall be 40 deposited in the indigent legal services fund established under section 41 ninety-eight-b of the state finance law. 42 (c) Should the division of criminal justice services or the New York 43 city police department negligently disseminate any official or unoffi- 44 cial record described under subdivision two of this section, any indi- 45 vidual adversely affected by such dissemination may, in a court having 46 jurisdiction, bring a civil action in which a civil penalty may be 47 assessed upon such division or department. 48 5. All expunctions, certifications and notifications required under 49 this section shall be completed within one year of the effective date of 50 this section. 51 § 3. This act shall take effect on the sixtieth day after it shall 52 have become a law. Effective immediately, the addition, amendment and/or 53 repeal of any rule or regulation necessary for the implementation of 54 this act on its effective date are authorized to be made and completed 55 on or before such effective date.
