A01029 Summary:
| BILL NO | A01029C |
| SAME AS | SAME AS S07551-A |
| SPONSOR | Cruz (MS) |
| COSPNSR | Pretlow, Gonzalez-Rojas, Meeks, Burgos, Mamdani, Walker, Jackson, Seawright, Simon, Dickens, Hyndman, Epstein, Anderson, Kelles, Burdick, Gallagher, Carroll, Septimo, Rosenthal L, Zinerman, Reyes, Hevesi, Darling, Aubry, Mitaynes, Weprin, Lavine, Joyner, Bichotte Hermelyn, Jean-Pierre, Kim, Hunter, Clark, Rivera, Bronson, Gibbs, De Los Santos, Davila, Taylor, Cook, Vanel, Fahy, Tapia, Cunningham, Glick, Lucas, Chandler-Waterman, Dinowitz, Otis, Ardila, Bores, O'Donnell, Raga, Shrestha, Shimsky, Simone, Alvarez, Levenberg, Forrest, Zaccaro, McDonald, Lee, Solages, Stirpe, Lupardo, Dilan, Peoples-Stokes |
| MLTSPNSR | Ramos |
| Add 160.57, CP L; amd 845-d, 296 & 837-n, Exec L; amd 212, Judy L; amd 9, Cor L; add 50-g, Civ Rts L | |
| Provides for automatic sealing of certain convictions after a certain passage of time from either imposition of sentence, release from parole or probation, and if the defendant does not have a current charge pending; excludes certain offenses; permits access by certain persons. | |
A01029 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
TITLE OF BILL: An act to amend the criminal procedure law, the executive law, the correction law, the judiciary law and the civil rights law, in relation to automatic sealing of certain convictions PURPOSE: This bill will address some of the collateral consequences that follow a criminal conviction by requiring the automatic sealing of records pertaining to specified offenses. SUMMARY OF PROVISIONS: Section 1 establishes legislative intent. Section 2 establishes procedures and parameters for sealing criminal convictions. Section 3 establishes requirements for sealed records. Section 4 establishes authority to promulgate forms, procedures, and processes for the sealing of records. Section 5 incorporates records sealed under this legislation into exist- ing prohibitions against discrimination. Section 6 address sealing of corrections records. Section 7 establishes a private right of action. Section 8 expands the definition of caregiver in the executive law related to performing fingerprint-based background checks Section 9 establishes severability. Section 10 is the effective date. JUSTIFICATION: Individuals who commit a crime and later pay their debt to society should not be perpetually burdened by a criminal record. Having a crimi- nal record impedes one's ability to obtain housing, secure work, and participate fully in modern society. We cannot expect successful reha- bilitation without providing these individuals with a way forward that is not encumbered by their past mistakes. This act will allow for auto- matic sealing of certain criminal records to clear that path. PRIOR LEGISLATIVE HISTORY: S1553D of 2021-22: Passed Senate S8165 of 2019-20: Referred to Codes FISCAL IMPLICATIONS: None. EFFECTIVE DATE: This act shall take effect one year after it shall have become a law.