Bill Text: NY S01992 | 2011-2012 | General Assembly | Introduced

---

Bill Title: Repeals section 160.58 of the criminal procedure law which requires the sealing of the conviction records of persons who have completed a judicial diversion program or a drug treatment alternative to prison.

Spectrum: Partisan Bill (Republican 12-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO CODES [S01992 Detail]

Download: New_York-2011-S01992-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1992
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   January 14, 2011
                                      ___________
       Introduced  by  Sens.  GOLDEN, BONACIC, DeFRANCISCO, FUSCHILLO, JOHNSON,
         LAVALLE, RANZENHOFER, SALAND -- 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 inquiries about
         certain sealed convictions; and to repeal section 160.58 of the crimi-
         nal  procedure  law  relating  to  conditional  sealing   of   certain
         controlled substances, marihuana or specified offense convictions
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 160.58 of the criminal procedure law is REPEALED.
    2    S 2. Subdivision 16 of section 296 of the executive law, as separately
    3  amended by section 3 of part N and section 14 of part AAA of chapter  56
    4  of the laws of 2009, is amended to read as follows:
    5    16.  It  shall  be an unlawful discriminatory practice, unless specif-
    6  ically required or permitted by statute, for any person, agency, bureau,
    7  corporation or association, including the state and any political subdi-
    8  vision thereof, to make any inquiry about, whether in any form of appli-
    9  cation or  otherwise,  or  to  act  upon  adversely  to  the  individual
   10  involved,  any arrest or criminal accusation of such individual not then
   11  pending against that individual which was followed by a  termination  of
   12  that  criminal  action  or  proceeding  in  favor of such individual, as
   13  defined in subdivision two of section 160.50 of the  criminal  procedure
   14  law,  or  by a youthful offender adjudication, as defined in subdivision
   15  one of section 720.35 of the criminal procedure law, or by a  conviction
   16  for a violation sealed pursuant to section 160.55 of the criminal proce-
   17  dure  law [or by a conviction which is sealed pursuant to section 160.58
   18  of the criminal  procedure  law],  in  connection  with  the  licensing,
   19  employment  or  providing  of  credit  or  insurance to such individual;
   20  provided, further, that no person shall be required to divulge  informa-
   21  tion  pertaining to any arrest or criminal accusation of such individual
   22  not then pending against that individual which was followed by a  termi-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05115-01-1
       S. 1992                             2
    1  nation  of  that criminal action or proceeding in favor of such individ-
    2  ual, as defined in subdivision two of section  160.50  of  the  criminal
    3  procedure  law,  or  by  a youthful offender adjudication, as defined in
    4  subdivision one of section 720.35 of the criminal procedure law, or by a
    5  conviction  for  a  violation  sealed  pursuant to section 160.55 of the
    6  criminal procedure law[, or by a conviction which is sealed pursuant  to
    7  section  160.58  of  the criminal procedure law]. The provisions of this
    8  subdivision shall not apply to the licensing activities of  governmental
    9  bodies  in relation to the regulation of guns, firearms and other deadly
   10  weapons or in relation to an application  for  employment  as  a  police
   11  officer  or  peace  officer  as  those terms are defined in subdivisions
   12  thirty-three and thirty-four of section 1.20 of the  criminal  procedure
   13  law;  provided further that the provisions of this subdivision shall not
   14  apply to an application for employment or membership in any law enforce-
   15  ment agency with respect to any arrest or criminal accusation which  was
   16  followed  by a youthful offender adjudication, as defined in subdivision
   17  one of section 720.35 of the criminal procedure law, or by a  conviction
   18  for a violation sealed pursuant to section 160.55 of the criminal proce-
   19  dure law[, or by a conviction which is sealed pursuant to section 160.58
   20  of the criminal procedure law].
   21    S 3. This act shall take effect immediately.