Bill Text: NY S08335 | 2023-2024 | General Assembly | Introduced

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Bill Title: Repeals the clean slate act in its entirety to prior existing law.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2024-01-18 - REFERRED TO CODES [S08335 Detail]

Download: New_York-2023-S08335-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8335

                    IN SENATE

                                    January 18, 2024
                                       ___________

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

        AN ACT to amend the executive law and the correction law, in relation to
          the automatic sealing of certain convictions; and  to  repeal  section
          160.57  of  the  criminal  procedure law and section 50-g of the civil
          rights law and certain provisions of the executive law and the judici-
          ary law relating thereto

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

     1    Section 1. Section 160.57 of the criminal procedure law is REPEALED.
     2    §  2.  Subdivisions  4 and 5 of section 845-d of the executive law are
     3  REPEALED.
     4    § 3. Paragraphs (dd) and (ee) of subdivision 2 of section 212  of  the
     5  judiciary law are REPEALED.
     6    § 4. Subdivision 16 of section 296 of the executive law, as amended by
     7  chapter 631 of the laws of 2023, is amended to read as follows:
     8    16.  It  shall  be an unlawful discriminatory practice, unless specif-
     9  ically required or permitted by statute, for any person, agency, bureau,
    10  corporation or association, including the state and any political subdi-
    11  vision thereof, to make any inquiry about, whether in any form of appli-
    12  cation or  otherwise,  or  to  act  upon  adversely  to  the  individual
    13  involved,  any arrest or criminal accusation of such individual not then
    14  pending against that individual which was followed by a  termination  of
    15  that  criminal  action  or  proceeding  in  favor of such individual, as
    16  defined in subdivision two of section 160.50 of the  criminal  procedure
    17  law,  or  by an order adjourning the criminal action in contemplation of
    18  dismissal, pursuant to section 170.55, 170.56, 210.46, 210.47, or 215.10
    19  of the criminal procedure law, or by a youthful  offender  adjudication,
    20  as  defined  in subdivision one of section 720.35 of the criminal proce-
    21  dure law, or by a conviction for a violation sealed pursuant to  section
    22  160.55  of the criminal procedure law or by a conviction which is sealed
    23  pursuant to section 160.59 or 160.58 of the criminal procedure law,  [or
    24  by a conviction which is sealed pursuant to section 160.57 of the crimi-
    25  nal  procedure  law,  except  where  such  conviction record is accessed

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13971-01-4
        S. 8335                             2

     1  pursuant to subparagraph (vii), (viii), or (xvi)  of  paragraph  (d)  of
     2  subdivision  one  of  section  160.57 of the criminal procedure law,] in
     3  connection with the licensing, housing, employment, including  volunteer
     4  positions,  or  providing  of  credit  or  insurance to such individual;
     5  provided, further, that no person shall be required to divulge  informa-
     6  tion  pertaining to any arrest or criminal accusation of such individual
     7  not then pending against that individual which was followed by a  termi-
     8  nation  of  that criminal action or proceeding in favor of such individ-
     9  ual, as defined in subdivision two of section  160.50  of  the  criminal
    10  procedure  law, or by an order adjourning the criminal action in contem-
    11  plation of dismissal, pursuant to  section  170.55  or  170.56,  210.46,
    12  210.47  or 215.10 of the criminal procedure law, or by a youthful offen-
    13  der adjudication, as defined in subdivision one of section 720.35 of the
    14  criminal procedure law, or by a conviction for a violation sealed pursu-
    15  ant to section 160.55 of the criminal procedure law, or by a  conviction
    16  which  is  sealed  pursuant  to section 160.58 or 160.59 of the criminal
    17  procedure law, or by a conviction which is sealed  pursuant  to  section
    18  160.57  of  the  criminal  procedure  law[, except where such conviction
    19  record is accessed pursuant to subparagraph (vii), (viii), or  (xvi)  of
    20  paragraph  (d)  of  subdivision  one  of  section 160.57 of the criminal
    21  procedure law]. An individual required or requested to provide  informa-
    22  tion  in  violation  of  this  subdivision may respond as if the arrest,
    23  criminal accusation, or disposition of such arrest or  criminal  accusa-
    24  tion  did  not occur. The provisions of this subdivision shall not apply
    25  to the licensing activities of governmental bodies in  relation  to  the
    26  regulation  of guns, firearms and other deadly weapons or in relation to
    27  an application for employment as a police officer or  peace  officer  as
    28  those  terms are defined in subdivisions thirty-three and thirty-four of
    29  section 1.20 of the criminal procedure law; provided  further  that  the
    30  provisions  of  this  subdivision  shall not apply to an application for
    31  employment or membership in any law enforcement agency with  respect  to
    32  any  arrest  or  criminal  accusation  which  was followed by a youthful
    33  offender adjudication, as defined in subdivision one of  section  720.35
    34  of the criminal procedure law, or by a conviction for a violation sealed
    35  pursuant  to  section  160.55  of  the  criminal  procedure law, or by a
    36  conviction which is sealed pursuant to section 160.58 or 160.59  of  the
    37  criminal  procedure law[, or by a conviction which is sealed pursuant to
    38  section 160.57 of the criminal procedure  law].  For  purposes  of  this
    39  subdivision,  an  action  which  has  been adjourned in contemplation of
    40  dismissal, pursuant to section  170.55  or  170.56,  210.46,  210.47  or
    41  215.10  of the criminal procedure law, shall not be considered a pending
    42  action, unless the order to adjourn in  contemplation  of  dismissal  is
    43  revoked  and  the  case  is  restored to the calendar for further prose-
    44  cution.
    45    § 5. Section 9 of the correction law, as amended by chapter 631 of the
    46  laws of 2023, is amended to read as follows:
    47    § 9. Access to information of incarcerated individuals via the  inter-
    48  net.  Notwithstanding any provision of law to the contrary, any informa-
    49  tion relating to the  conviction  of  a  person,  except  for  a  person
    50  convicted of an offense that would make such person ineligible for merit
    51  time under section eight hundred three of this chapter or an offense for
    52  which  registration as a sex offender is required as set forth in subdi-
    53  vision two or three of section one hundred sixty-eight-a of  this  chap-
    54  ter,  that  is  posted on a website maintained by or for the department,
    55  under article six of the public officers law,  may  be  posted  on  such
    56  website  for a period not to exceed [three] five years after the expira-
        S. 8335                             3

     1  tion of such person's sentence of imprisonment and [at  the  conclusion]
     2  of  any period of parole or post-release supervision; provided, however,
     3  that in the case of a person who has been committed to the department on
     4  more  than  one occasion, the department may post conviction information
     5  relating to any prior commitment on such website for  a  period  not  to
     6  exceed  five  years  after  the  expiration of such person's sentence of
     7  imprisonment and any period of parole or post-release supervision  aris-
     8  ing from the most recent commitment to the department.
     9    § 6. Section 50-g of the civil rights law is REPEALED.
    10    §  7.  This  act  shall  take  effect on the same date and in the same
    11  manner as chapter 631 of the laws of 2023, takes effect.