Bill Text: NY A02142 | 2017-2018 | 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 13-0)

Status: (Engrossed) 2017-02-14 - REFERRED TO CODES [A02142 Detail]

Download: New_York-2017-A02142-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          2142
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 17, 2017
                                       ___________
        Introduced  by  M. of A. PEOPLES-STOKES -- 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
    24  effect of article  two  hundred  twenty-one  of  the  penal  law,  or  a
    25  violation  of  article two hundred twenty-one of the penal law; (ii) the
    26  sole  controlled  substance  involved  is  marijuana;  and   (iii)   the
    27  conviction  was  only  for a violation or violations[; and (iv) at least
    28  three years have passed since the offense occurred] of section 221.10 of
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05532-01-7

        A. 2142                             2
     1  the penal law provided, however, that the record of such conviction does
     2  not demonstrate a conviction  under  subdivision  two  of  such  section
     3  221.10,  or  for  a  petty  offense or offenses.   No defendant shall be
     4  required  or permitted to waive eligibility for sealing pursuant to this
     5  paragraph as part of a plea of guilty, sentence or any agreement related
     6  to a conviction for a violation of section 221.05 or section  221.10  of
     7  the  penal law and any such waiver shall be deemed void and wholly unen-
     8  forceable.
     9    § 3. Section 160.50 of the criminal procedure law is amended by adding
    10  three new subdivisions 5, 6 and 7 to read as follows:
    11    5. A person convicted of a violation of section 221.10  of  the  penal
    12  law,  other  than  a  conviction  after  trial of, or plea of guilty to,
    13  subdivision two of such section 221.10, prior to the effective  date  of
    14  this subdivision may upon motion apply to the court in which such termi-
    15  nation  occurred,  upon not less than twenty days notice to the district
    16  attorney, for an order granting to such person the relief set  forth  in
    17  subdivision  one of this section, and such order shall be granted unless
    18  the district attorney demonstrates that the interests of justice require
    19  otherwise.
    20    6. (a) Notwithstanding any other provision of law except  as  provided
    21  in paragraph (d) of subdivision one of this section and paragraph (e) of
    22  subdivision  four of section eight hundred thirty-seven of the executive
    23  law: (i) when the division  of  criminal  justice  services  conducts  a
    24  search  of its criminal history records, maintained pursuant to subdivi-
    25  sion six of section eight hundred thirty-seven of the executive law, and
    26  returns a report thereon, all references to a conviction for a violation
    27  of section 221.10 of the penal law, other than a conviction after  trial
    28  of,  or plea of guilty to, subdivision two of such section 221.10, shall
    29  be excluded from such report; and (ii) the chief  administrator  of  the
    30  courts  shall develop and promulgate rules as may be necessary to ensure
    31  that no written or electronic report of a criminal history record search
    32  conducted by the office of  court  administration  contains  information
    33  relating  to a conviction for a violation of section 221.10 of the penal
    34  law, other than a conviction after trial  of,  or  plea  of  guilty  to,
    35  subdivision  two of such section 221.10, unless such search is conducted
    36  solely for a bona fide research purpose, provided that such information,
    37  if so disseminated, shall be disseminated in accordance with  procedures
    38  established by the chief administrator of the courts to assure the secu-
    39  rity  and  privacy  of  identification and information data, which shall
    40  include the execution of an agreement which protects the confidentiality
    41  of the information and reasonably protects against data linkage to indi-
    42  viduals.
    43    (b) Nothing contained in this subdivision shall be deemed to permit or
    44  require the release, disclosure or other dissemination by  the  division
    45  of  criminal  justice  services or the office of court administration of
    46  criminal history record information that has been sealed  in  accordance
    47  with law.
    48    7.  A  person  convicted of a violation of section 221.05 of the penal
    49  law shall,  on  the  effective  date  of  this  subdivision,  have  such
    50  conviction  immediately  sealed  pursuant  to  subdivision  one  of this
    51  section if such conviction occurred less than three years prior to  such
    52  effective date.
    53    §  4.  This  act  shall take effect on the sixtieth day after it shall
    54  have become a law.
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