Provides that when the division of criminal justice services conducts a search of its criminal history records and returns a report thereon, all references to undisposed cases shall be excluded.
STATE OF NEW YORK
________________________________________________________________________
4048
2019-2020 Regular Sessions
IN ASSEMBLY
January 31, 2019
___________
Introduced by M. of A. AUBRY -- read once and referred to the Committee
on Codes
AN ACT to amend the executive law and the judiciary law, in relation to
providing that criminal history records excludes unresolved cases
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The executive law is amended by adding a new section 845-c
2 to read as follows:
3 § 845-c. Criminal history record searches; undisposed cases. 1. When,
4 pursuant to statute or the regulations of the division, the division
5 conducts a search of its criminal history records and returns a report
6 thereon, all references to undisposed cases contained in such criminal
7 history record shall be excluded from such report.
8 2. For purposes of this section, "undisposed case" shall mean a crimi-
9 nal action or proceeding, or an arrest incident, identified in the divi-
10 sion's criminal history records for which no conviction, imposition of
11 sentence, order of removal or other final disposition, other than the
12 issuance of an apparently unexecuted warrant, has been recorded and with
13 respect to which no entry has been made in the division's criminal
14 history records for a period of at least five years preceding the issu-
15 ance of such report.
16 3. The provisions of subdivision one of this section shall not apply
17 to criminal history record information (a) provided by the division to
18 qualified agencies pursuant to subdivision six of section eight hundred
19 thirty-seven of this article, or to federal or state law enforcement
20 agencies, for criminal justice purposes; (b) prepared solely for a bona
21 fide research purpose; or (c) prepared for the internal recordkeeping or
22 case management purposes of the division.
23 4. Nothing contained in this section shall be deemed to permit or
24 require the release, disclosure or other dissemination by the division
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03340-01-9
A. 4048 2
1 of criminal history record information that has been sealed in accord-
2 ance with law.
3 § 2. Subdivision 2 of section 212 of the judiciary law is amended by
4 adding a new paragraph (x) to read as follows:
5 (x) Take such actions and adopt such measures as may be necessary to
6 ensure that no written or electronic report of a criminal history record
7 search conducted by the office of court administration, other than a
8 search conducted solely for the internal recordkeeping or case manage-
9 ment purposes of the judiciary or for a bona fide research purpose,
10 contains information relating to an undisposed case. For purposes of
11 this paragraph, "undisposed case" shall mean a criminal action or
12 proceeding, or an arrest incident, appearing in the criminal history
13 records of the office of court administration for which no conviction,
14 imposition of sentence, order of removal or other final disposition,
15 other than the issuance of an apparently unexecuted warrant, has been
16 recorded and with respect to which no entry has been made in such
17 records for a period of at least five years preceding the issuance of
18 such report. Nothing contained in this paragraph shall be deemed to
19 permit or require the release, disclosure or other dissemination by the
20 office of court administration of criminal history record information
21 that has been sealed in accordance with law.
22 § 3. This act shall take effect on the one hundred eightieth day after
23 it shall have become a law and shall apply to searches of criminal
24 history records conducted on or after such date; provided, however, that
25 prior to such effective date, the division of criminal justice services,
26 in consultation with the state administrator of the unified court system
27 as well as any other public or private agency, shall undertake such
28 measures as may be necessary and appropriate to update its criminal
29 history records with respect to criminal cases and arrest incidents for
30 which no final disposition has been reported.
