Bill Text: NY S07918 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to establishing an automatic expunction system for certain records including unconstitutional stops that occurred between January two thousand four and June two thousand twelve by the New York city police department that either resulted in the completion of a UF-250 form or a Form 61 complaint in which the SQF section was completed and led to arrests for either resisting arrest, disorderly conduct, criminal possession of a weapon, and offenses involving marihuana.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-03-14 - RECOMMIT, ENACTING CLAUSE STRICKEN [S07918 Detail]

Download: New_York-2017-S07918-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7918
                    IN SENATE
                                      March 9, 2018
                                       ___________
        Introduced  by Sen. HAMILTON -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes
        AN ACT to amend the criminal procedure law, in relation to  establishing
          an automatic expunction system for certain records
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Legislative intent.  On  August  12,  2013,  United  States
     2  District  Judge  Shira A. Scheindlin issued an order in Floyd v. City of
     3  New York that found the city of New York had  violated  the  Fourth  and
     4  Fourteenth  Amendments  by  acting with "deliberate indifference" toward
     5  the New York City Police Department's (NYPD) practice of  making  suspi-
     6  cionless  "stops"  and  "frisks"  and  by adopting "a policy of indirect
     7  racial profiling by targeting racially defined groups" for  "stops"  and
     8  "frisks". Additionally, a remedial order was issued imposing remedies or
     9  "reforms"  to the NYPD's "stop and frisk" practices. (959 F.Supp.2d 540,
    10  562, 668 (S.D.N.Y. 2013)). In a settlement to a lawsuit brought  by  the
    11  New  York Civil Liberties Union the city was required to delete personal
    12  information including names  and  addresses  of  individuals  that  were
    13  stopped,  questioned  and/or frisked. Between January 2004 and June 2012
    14  the NYPD made 4.4 million stops in which 83% of them were made on  Afri-
    15  can  Americans  and  Hispanics.  The  legislature finds that any records
    16  associated with such unconstitutional stops, frisks and arrests shall be
    17  automatically expunged and notification shall be made to  such  individ-
    18  uals of such expunction.
    19    §  2.  The  criminal  procedure law is amended by adding a new section
    20  160.65 to read as follows:
    21  § 160.65 New York city stop and frisk automatic expunction.
    22    1. For purposes of this section, the following terms  shall  have  the
    23  following meanings:
    24    (a)  "Stop and frisk" shall have the same meaning as section 140.50 of
    25  the criminal procedure law.
    26    (b) "Voidable stop" shall mean any stop that:
    27    (i) qualifies as a stop and frisk;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14418-03-8
        S. 7918                             2
     1    (ii) occurred between January two thousand four and June two  thousand
     2  twelve by the New York city police department; and
     3    (iii) resulted in either the completion of:
     4    (A) a UF-250 form, a stop, question and frisk report worksheet; or
     5    (B)  a  Form  61  complaint in which the SQF section was completed and
     6  resulted in a qualified arrest.
     7    (b) "Qualified arrest" shall mean an arrest for any of  the  following
     8  offenses:
     9    (i) resisting arrest pursuant to section 205.30 of the penal law;
    10    (ii) disorderly conduct pursuant to section 240.20 of the penal law;
    11    (iii)  criminal  possession  of  a weapon pursuant to sections 265.01,
    12  265.02, 265.03 and 265.04 of the penal law; and
    13    (iv) offenses involving marihuana  pursuant  to  article  two  hundred
    14  twenty-one of the penal law.
    15    2.  The division of criminal justice services, in conjunction with the
    16  New York city police department shall establish an automatic  expunction
    17  system to expunge official and unofficial records of all voidable stops.
    18  Such  expunction shall include but not be limited to any convictions and
    19  all records pertaining to such stop including UF-250  form  information,
    20  any  and  all  records of arrest, investigation including computer data-
    21  bases, and records of detention pursuant to such  voidable  stop  and/or
    22  qualified arrest, fingerprints, photographs, DNA samples, physical meas-
    23  urements, or any other record of identification.
    24    3. Such automatic expunction system shall include:
    25    (a)  an automatic certification process that shall notify any individ-
    26  ual at their last known address of such expunction; and
    27    (b) an automatic notification mechanism for all licensing agencies  to
    28  notify  such that such expunctions have occurred and no individual shall
    29  be adversely affected by such voidable stop and/or qualified arrest.
    30    4. (a) Any individual who knowingly fails to expunge or obliterate, or
    31  who releases information ordered expunged, is guilty of a class A misde-
    32  meanor. An individual, who, knowing the records are expunged,  uses  the
    33  information  for  financial  gain,  or willful destruction of a person's
    34  character is guilty of a class D felony.
    35    (b) A penalty of thirty thousand dollars shall be  assessed  upon  the
    36  New  York  city  police  department every month such department fails to
    37  comply with subdivision five of this  section.  Such  penalty  shall  be
    38  deposited  in the indigent legal services fund established under section
    39  ninety-eight-b of the state finance law.
    40    (c) Should the division of criminal justice services or the  New  York
    41  city  police  department negligently disseminate any official or unoffi-
    42  cial record described under subdivision two of this section,  any  indi-
    43  vidual  adversely  affected by such dissemination may, in a court having
    44  jurisdiction, bring a civil action in  which  a  civil  penalty  may  be
    45  assessed upon such division or department.
    46    5.  All  expunctions,  certifications and notifications required under
    47  this section shall be completed within one year of the effective date of
    48  this section.
    49    § 3. This act shall take effect on the sixtieth  day  after  it  shall
    50  have  become  a  law; provided, however, that effective immediately, the
    51  addition, amendment and/or repeal of any rule  or  regulation  necessary
    52  for  the implementation of this act on its effective date are authorized
    53  and directed to be made and completed on or before such effective date.