Bill Text: NY A09540 | 2019-2020 | General Assembly | Introduced

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Bill Title: Enables prosecutors to access orders of protection issued in association with sealed prior domestic violence cases if the offender commits a new domestic violence offense.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-24 - referred to codes [A09540 Detail]

Download: New_York-2019-A09540-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9540

                   IN ASSEMBLY

                                    January 24, 2020
                                       ___________

        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Codes

        AN ACT to amend the criminal procedure law, in relation to sealed  prior
          domestic violence cases

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph (d) of subdivision 1 of  section  160.50  of  the
     2  criminal  procedure  law, as amended by chapter 449 of the laws of 2015,
     3  is amended to read as follows:
     4    (d) such records shall be made available to the person accused  or  to
     5  such  person's  designated  agent,  and shall be made available to (i) a
     6  prosecutor in any proceeding in which the accused has moved for an order
     7  pursuant to section 170.56 or 210.46 of this  chapter,  or  (ii)  a  law
     8  enforcement  agency or a prosecutor upon ex parte motion in any superior
     9  court, or in any district court, city court or the criminal court of the
    10  city of New York provided that such court sealed  the  record,  if  such
    11  agency  or prosecutor demonstrates to the satisfaction of the court that
    12  justice requires that such records be made available to it, or (iii) any
    13  state or local officer or agency with responsibility for the issuance of
    14  licenses to possess guns, when the accused has made application for such
    15  a license, or (iv) the New York  state  department  of  corrections  and
    16  community  supervision  when  the  accused is on parole supervision as a
    17  result of conditional release or a parole release  granted  by  the  New
    18  York  state  board of parole, and the arrest which is the subject of the
    19  inquiry is one which occurred while the accused was  under  such  super-
    20  vision,  or  (v)  any  prospective employer of a police officer or peace
    21  officer as those terms are  defined  in  subdivisions  thirty-three  and
    22  thirty-four  of section 1.20 of this chapter, in relation to an applica-
    23  tion for employment as a police  officer  or  peace  officer;  provided,
    24  however,  that  every  person  who  is  an applicant for the position of
    25  police officer or peace officer shall be furnished with a  copy  of  all
    26  records  obtained  under  this  paragraph and afforded an opportunity to
    27  make an explanation thereto, or (vi) the probation department  responsi-
    28  ble  for supervision of the accused when the arrest which is the subject

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14281-01-9
        A. 9540                             2

     1  of the inquiry is one which occurred while the accused  was  under  such
     2  supervision; and
     3    §  2. Paragraph (d) of subdivision 1 of section 160.55 of the criminal
     4  procedure law, as amended by chapter 449 of the laws of 2015, is amended
     5  to read as follows:
     6    (d) the records referred to in paragraph (c) of this subdivision shall
     7  be made available to the person accused or to such  person's  designated
     8  agent, and shall be made available to (i) a prosecutor in any proceeding
     9  in  which  the accused has moved for an order pursuant to section 170.56
    10  or 210.46 of this chapter, or (ii) a law enforcement agency or a  prose-
    11  cutor  upon  ex  parte  motion in any superior court, or in any district
    12  court, city court or the criminal court of the city of New York provided
    13  that such court sealed the record, if such agency or  prosecutor  demon-
    14  strates to the satisfaction of the court that justice requires that such
    15  records  be made available to it, or (iii) any state or local officer or
    16  agency with responsibility for the issuance of licenses to possess guns,
    17  when the accused has made application for such a license,  or  (iv)  the
    18  New  York state department of corrections and community supervision when
    19  the accused is under parole  supervision  as  a  result  of  conditional
    20  release  or parole release granted by the New York state board of parole
    21  and the arrest which is the subject of the inquiry is one which occurred
    22  while the accused was under  such  supervision,  or  (v)  the  probation
    23  department  responsible  for  supervision of the accused when the arrest
    24  which is the subject of the inquiry is  one  which  occurred  while  the
    25  accused  was  under such supervision, or (vi) a police agency, probation
    26  department, sheriff's office, district attorney's office, department  of
    27  correction  of  any municipality and parole department, for law enforce-
    28  ment purposes, upon arrest in instances in which the  individual  stands
    29  convicted  of  harassment  in  the  second degree, as defined in section
    30  240.26 of the penal law, committed against a member of the  same  family
    31  or  household as the defendant, as defined in subdivision one of section
    32  530.11 of this chapter, and determined pursuant to  subdivision  eight-a
    33  of section 170.10 of this title; and
    34    § 3. This act shall take effect immediately.