Bill Text: NY S00258 | 2023-2024 | General Assembly | Introduced

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Bill Title: Prohibits the division of criminal justice services from disclosing pending orders of adjournment in contemplation of dismissal on civil records of arrests and prosecutions.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2024-03-19 - referred to codes [S00258 Detail]

Download: New_York-2023-S00258-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           258

                               2023-2024 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 4, 2023
                                       ___________

        Introduced  by  Sen. SERRANO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes

        AN ACT to amend the executive law, in relation to prohibiting the  divi-
          sion  of  criminal  justice services from disclosing pending orders of
          adjournment in contemplation of dismissal on civil records of  arrests
          and prosecutions

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

     1    Section 1. Subdivision 1 of section 845-d of  the  executive  law,  as
     2  added  by section 1 of subpart N of part II of chapter 55 of the laws of
     3  2019, is amended to read as follows:
     4    1.  When, pursuant to statute or the regulations of this division, the
     5  division conducts a search of its criminal  history  records  for  civil
     6  purposes, and returns a report therein, it shall only report any [crimi-
     7  nal  convictions]  conviction  of  a crime, and any criminal arrests and
     8  accompanying criminal actions which are pending. A criminal  arrest  and
     9  accompanying  criminal action which have been followed by an adjournment
    10  in contemplation  of  dismissal  pursuant  to  section  170.55,  170.56,
    11  210.46,  210.47  or  215.10  of  the criminal procedure law shall not be
    12  considered pending for civil purposes unless the  order  to  adjourn  in
    13  contemplation  of  dismissal  is revoked and the case is restored to the
    14  calendar for further prosecution.
    15    § 2. This act shall take effect immediately.



         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01109-01-3