Bill Text: NY S01395 | 2013-2014 | General Assembly | Introduced

New York Senate Bill 1395 (Prior Session Legislation)

Introduced

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

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO FINANCE [S01395 Detail]

Download: New_York-2013-S01395-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1395
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  Sens.  MONTGOMERY,  HASSELL-THOMPSON  --  read twice and
         ordered printed, and when printed to be committed to the Committee  on
         Finance
       AN  ACT to amend the executive law and the judiciary law, in relation to
         undisposed 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-c
    2  to read as follows:
    3    S 845-C. 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.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04010-01-3
       S. 1395                             2
    1    4.  NOTHING  CONTAINED  IN  THIS  SECTION SHALL BE DEEMED TO PERMIT OR
    2  REQUIRE THE RELEASE, DISCLOSURE OR OTHER DISSEMINATION BY  THE  DIVISION
    3  OF  CRIMINAL  HISTORY RECORD INFORMATION THAT HAS BEEN SEALED IN ACCORD-
    4  ANCE WITH LAW.
    5    S  2.  Subdivision 2 of section 212 of the judiciary law is amended by
    6  adding a new paragraph (s) to read as follows:
    7    (S) TAKE SUCH ACTIONS AND ADOPT SUCH MEASURES AS MAY BE  NECESSARY  TO
    8  ENSURE THAT NO WRITTEN OR ELECTRONIC REPORT OF A CRIMINAL HISTORY RECORD
    9  SEARCH  CONDUCTED  BY  THE  OFFICE OF COURT ADMINISTRATION, OTHER THAN A
   10  SEARCH CONDUCTED SOLELY FOR THE INTERNAL RECORDKEEPING OR  CASE  MANAGE-
   11  MENT  PURPOSES  OF  THE  JUDICIARY  OR FOR A BONA FIDE RESEARCH PURPOSE,
   12  CONTAINS INFORMATION RELATING TO AN UNDISPOSED  CASE.  FOR  PURPOSES  OF
   13  THIS  PARAGRAPH,  "UNDISPOSED  CASE"  SHALL  MEAN  A  CRIMINAL ACTION OR
   14  PROCEEDING, OR AN ARREST INCIDENT, APPEARING  IN  THE  CRIMINAL  HISTORY
   15  RECORDS  OF  THE OFFICE OF COURT ADMINISTRATION FOR WHICH NO CONVICTION,
   16  IMPOSITION OF SENTENCE, ORDER OF REMOVAL  OR  OTHER  FINAL  DISPOSITION,
   17  OTHER  THAN  THE  ISSUANCE OF AN APPARENTLY UNEXECUTED WARRANT, HAS BEEN
   18  RECORDED AND WITH RESPECT TO WHICH  NO  ENTRY  HAS  BEEN  MADE  IN  SUCH
   19  RECORDS  FOR  A  PERIOD OF AT LEAST FIVE YEARS PRECEDING THE ISSUANCE OF
   20  SUCH REPORT. NOTHING CONTAINED IN THIS  PARAGRAPH  SHALL  BE  DEEMED  TO
   21  PERMIT  OR REQUIRE THE RELEASE, DISCLOSURE OR OTHER DISSEMINATION BY THE
   22  OFFICE OF COURT ADMINISTRATION OF CRIMINAL  HISTORY  RECORD  INFORMATION
   23  THAT HAS BEEN SEALED IN ACCORDANCE WITH LAW.
   24    S 3. This act shall take effect on the one hundred eightieth day after
   25  it  shall  have  become  a  law  and shall apply to searches of criminal
   26  history records conducted on or after such date; provided, however, that
   27  prior to such effective date, the division of criminal justice services,
   28  in consultation with the state administrator of the unified court system
   29  as well as any other public or  private  agency,  shall  undertake  such
   30  measures  as  may  be  necessary  and appropriate to update its criminal
   31  history records with respect to criminal cases and arrest incidents  for
   32  which no final disposition has been reported.