Bill Text: NY A10371 | 2023-2024 | General Assembly | Introduced

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Bill Title: Provides that when the division of criminal justice services conducts a search of its criminal history records and returns a report thereon, all references to undisposed cases shall be excluded.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-21 - referred to codes [A10371 Detail]

Download: New_York-2023-A10371-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10371

                   IN ASSEMBLY

                                      May 21, 2024
                                       ___________

        Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Jackson) --
          read once and referred to the Committee on Codes

        AN ACT to amend the executive law and the judiciary law, in relation  to
          providing that criminal history records excludes unresolved cases

          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  845-f
     2  to read as follows:
     3    §  845-f. Criminal history record searches; undisposed cases. 1. When,
     4  pursuant to statute or the regulations of  the  division,  the  division
     5  conducts  a  search of its criminal history records and returns a report
     6  thereon, all references to undisposed cases contained in  such  criminal
     7  history record shall be excluded from such report.
     8    2. For purposes of this section, "undisposed case" shall mean a crimi-
     9  nal action or proceeding, or an arrest incident, identified in the divi-
    10  sion's  criminal  history records for which no conviction, imposition of
    11  sentence, order of removal or other final disposition,  other  than  the
    12  issuance of an apparently unexecuted warrant, has been recorded and with
    13  respect  to  which  no  entry  has  been made in the division's criminal
    14  history records for a period of at least five years preceding the  issu-
    15  ance of such report.
    16    3.  The  provisions of subdivision one of this section shall not apply
    17  to criminal history record information (a) provided by the  division  to
    18  qualified  agencies pursuant to subdivision six of section eight hundred
    19  thirty-seven of this article, or to federal  or  state  law  enforcement
    20  agencies,  for criminal justice purposes; (b) prepared solely for a bona
    21  fide research purpose; or (c) prepared for the internal recordkeeping or
    22  case management purposes of the division.
    23    4. Nothing contained in this section shall  be  deemed  to  permit  or
    24  require  the  release, disclosure or other dissemination by the division
    25  of criminal history record information that has been sealed  in  accord-
    26  ance with law.
    27    §  2.  Subdivision 2 of section 212 of the judiciary law is amended by
    28  adding a new paragraph (ff) to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05560-03-4
        A. 10371                            2

     1    (ff) Take such actions and adopt such measures as may be necessary  to
     2  ensure that no written or electronic report of a criminal history record
     3  search  conducted  by  the  office of court administration, other than a
     4  search conducted solely for the internal recordkeeping or  case  manage-
     5  ment  purposes  of  the  judiciary  or for a bona fide research purpose,
     6  contains information relating to an undisposed  case.  For  purposes  of
     7  this  paragraph,  "undisposed  case"  shall  mean  a  criminal action or
     8  proceeding, or an arrest incident, appearing  in  the  criminal  history
     9  records  of  the office of court administration for which no conviction,
    10  imposition of sentence, order of removal  or  other  final  disposition,
    11  other  than  the  issuance of an apparently unexecuted warrant, has been
    12  recorded and with respect to which  no  entry  has  been  made  in  such
    13  records  for  a  period of at least five years preceding the issuance of
    14  such report. Nothing contained in this  paragraph  shall  be  deemed  to
    15  permit  or require the release, disclosure or other dissemination by the
    16  office of court administration of criminal  history  record  information
    17  that has been sealed in accordance with law.
    18    § 3. This act shall take effect on the one hundred eightieth day after
    19  it  shall  have  become  a  law  and shall apply to searches of criminal
    20  history records conducted on or after such date; provided, however, that
    21  prior to such effective date, the division of criminal justice services,
    22  in consultation with the state administrator of the unified court system
    23  as well as any other public or  private  agency,  shall  undertake  such
    24  measures  as  may  be  necessary  and appropriate to update its criminal
    25  history records with respect to criminal cases and arrest incidents  for
    26  which no final disposition has been reported.