Bill Text: NY A05005 | 2011-2012 | General Assembly | Introduced

New York Assembly Bill 5005 (Prior Session Legislation)

Introduced

Bill Title: Authorizes a person to petition for expungement of records of arrest, investigation, detention and computer databases in certain instances where such person may have been falsely arrested, whose case was dismissed, or where innocent.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2012-01-04 - referred to codes [A05005 Detail]

Download: New_York-2011-A05005-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5005
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 10, 2011
                                      ___________
       Introduced by M. of A. WRIGHT -- read once and referred to the Committee
         on Codes
       AN  ACT  to amend the criminal procedure law, in relation to expungement
         of criminal records and penalties for violation of such provisions
         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 160.65 to read as follows:
    3  S 160.65 PETITION FOR EXPUNGEMENT OF RECORDS OF  ARREST,  INVESTIGATION,
    4             DETENTION  AND COMPUTER DATABASES FOR THE INNOCENT, DISMISSED
    5             CASES, AND THE FALSELY ARRESTED.
    6    1. ANY PERSON WHO HAS BEEN ARRESTED WITH OR WITHOUT WARRANT MAY  PETI-
    7  TION  THE  COURT  IN  WHICH THE PROCEEDING OCCURRED OR, IF THERE WERE NO
    8  COURT PROCEEDING,  ANY  COURT  IN  THE  JURISDICTION  WHERE  THE  ARREST
    9  OCCURRED, FOR AN ORDER EXPUNGING ANY AND ALL RECORDS OF ARREST, INVESTI-
   10  GATION,  COMPUTER  DATABASES,  AND RECORDS OF DETENTION PURSUANT TO THAT
   11  VOIDABLE ARREST NOT LATER THAN THIRTY DAYS AFTER THE DATE ON  WHICH  THE
   12  ARREST  BECOMES A VOIDABLE ARREST. LAW ENFORCEMENT AGENCIES MUST PROVIDE
   13  IMMEDIATE NOTIFICATION TO A PERSON WHEN A RECORD OF DETENTION OR  ARREST
   14  IS  BEING  GENERATED  ON SUCH PERSON.  FOR PURPOSES OF THIS SUBDIVISION,
   15  THE TERM "VOIDABLE ARREST" MEANS ANY ARREST RESULTING IN THE FOLLOWING:
   16    (A) THE PERSON WAS RELEASED WITHOUT THE FILING OF FORMAL CHARGES;
   17    (B) A DETERMINATION THAT THE ARREST WAS WITHOUT PROBABLE CAUSE; OR
   18    (C) DISMISSAL OF PROCEEDINGS AGAINST THE PERSON.
   19    2.  ANY PERSON WHO KNOWINGLY FAILS TO EXPUNGE OR  OBLITERATE,  OR  WHO
   20  RELEASES  INFORMATION ORDERED EXPUNGED, IS GUILTY OF A CLASS B MISDEMEA-
   21  NOR.  A PERSON, WHO, KNOWING THE RECORDS ARE EXPUNGED, USES THE INFORMA-
   22  TION FOR FINANCIAL GAIN, OR WILLFUL DESTRUCTION OF A PERSON'S  CHARACTER
   23  IS GUILTY OF A CLASS D FELONY.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03575-01-1
       A. 5005                             2
    1    3.  A  PERSON  WHO  HAS  RECEIVED  EXPUNGEMENT OF AN ARREST UNDER THIS
    2  SECTION MAY RESPOND TO ANY EMPLOYMENT INQUIRY AS THOUGH THE  ARREST  DID
    3  NOT OCCUR.
    4    S 2. This act shall take effect on the one hundred eightieth day after
    5  it shall have become a law.