STATE OF NEW YORK
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9729
IN SENATE
May 23, 2024
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Introduced by Sen. HOYLMAN-SIGAL -- (at request of the State Comp-
troller) -- 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 the examina-
tion of certain sealed records
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (d) of subdivision 1 of section 160.50 of the
2 criminal procedure law, as amended by chapter 449 of the laws of 2015,
3 is amended to read as follows:
4 (d) such records shall be made available to the person accused or to
5 such person's designated agent, and shall be made available to (i) a
6 prosecutor in any proceeding in which the accused has moved for an order
7 pursuant to section 170.56 or 210.46 of this [chapter] part, or (ii) a
8 law enforcement agency upon ex parte motion in any superior court, or in
9 any district court, city court or the criminal court of the city of New
10 York provided that such court sealed the record, if such agency demon-
11 strates to the satisfaction of the court that justice requires that such
12 records be made available to it, or (iii) any state or local officer or
13 agency with responsibility for the issuance of licenses to possess guns,
14 when the accused has made application for such a license, or (iv) the
15 New York state department of corrections and community supervision when
16 the accused is on parole supervision as a result of conditional release
17 or a parole release granted by the New York state board of parole, and
18 the arrest which is the subject of the inquiry is one which occurred
19 while the accused was under such supervision, or (v) any prospective
20 employer of a police officer or peace officer as those terms are defined
21 in subdivisions thirty-three and thirty-four of section 1.20 of this
22 chapter, in relation to an application for employment as a police offi-
23 cer or peace officer; provided, however, that every person who is an
24 applicant for the position of police officer or peace officer shall be
25 furnished with a copy of all records obtained under this paragraph and
26 afforded an opportunity to make an explanation thereto, or (vi) the
27 probation department responsible for supervision of the accused when the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14505-01-4
S. 9729 2
1 arrest which is the subject of the inquiry is one which occurred while
2 the accused was under such supervision, or (vii) the office of the New
3 York state comptroller for purposes of an examination pursuant to arti-
4 cle three of the general municipal law; and
5 § 2. This act shall take effect immediately.
