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A06399 Summary:

BILL NOA06399C
 
SAME ASSAME AS S01553-D
 
SPONSORCruz
 
COSPNSRPretlow, Gonzalez-Rojas, Meeks, Burgos, Fernandez, Mamdani, Walker, Quart, Jackson, Seawright, Simon, Dickens, Hyndman, Epstein, Forrest, Anderson, Kelles, Gottfried, Burdick, Gallagher, Carroll, Septimo, Rosenthal L, Zinerman, Reyes, Niou, Hevesi, Darling, Aubry, Mitaynes, Weprin, Lavine, O'Donnell, Joyner, Solages, Bichotte Hermelyn, Jean-Pierre, Kim, Hunter, Clark, Rivera JD, Bronson, Gibbs, Thiele, De Los Santos, Davila, Rivera J, Taylor, Cook, Vanel, Fahy, Tapia, Cunningham, Glick, Lucas, Chandler-Waterman, Dinowitz, Otis
 
MLTSPNSRRamos
 
Add §160.57, CP L; amd §§845-d, 837 & 296, Exec L; amd §9, Cor 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.
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A06399 Actions:

BILL NOA06399C
 
03/17/2021referred to codes
06/07/2021amend (t) and recommit to codes
06/07/2021print number 6399a
01/05/2022referred to codes
01/07/2022amend and recommit to codes
01/07/2022print number 6399b
05/28/2022amend and recommit to codes
05/28/2022print number 6399c
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A06399 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6399C
 
SPONSOR: Cruz
  TITLE OF BILL: An act to amend the criminal procedure law, the executive law and the correction law, in relation to automatic sealing of certain convictions   PURPOSE OR GENERAL IDEA OF BILL: This bill gives effect and meaning to the often repeated aphorism that people who have completed their sentences have "paid their debt to soci- ety." This bill will address some of the collateral consequences that follow a criminal conviction by requiring the automatic sealing and expungement of specified convictions. This will help to ensure that the continued punishment of those who have "paid their debt to society" will end subject to the conditions, limitations and exceptions set forth in the bill, which are summarized below.   SUMMARY OF PROVISIONS: Section 1 amends the Criminal Procedure Law by adding a new § 160.57. § 160.57. Automatic sealing of convictions. Applies to records of misdemeanor and felony convictions subject to certain conditions. Among these conditions are waiting periods for traf- fic infractions, misdemeanors and felonies. Other conditions require that the defendant not have a pending criminal charge in this state, not currently be on probation or parole for the eligible conviction and that the defendant is not currently required to register as a sex offender. The section provides for notification of sealing to the Office of Court Administration, the court of conviction and the heads of all appropriate police and sheriff departments. The section further allows for ten exceptions. The section also sets forth the manner in which various records in the possession of any state agency and third-party agencies will be sealed. The section prohibits the release of sealed records by various entities pursuant to exceptions, such as a state or local office or agency with responsibility for the issuance of licenses to possess guns. Defendants cannot be required or permitted to waive eligibility for sealing as part of a plea bargain and such waivers are declared void and unenforceable. A defendant claiming to be aggrieved by a violation of the section shall have a cause of action for damages, including punitive damages, and such other remedies as may be appropriate. The Division of Human Rights shall also have powers of enforcement. § 2 amends Executive Law § 845-d(3) to state that nothing in this section will authorize the. Division of Criminal Justice Services to provide criminal history information that is not otherwise authorized by law or that is sealed pursuant to new CPL § 160.57 and other sections of law. § 3 amends Executive Law § 837 by adding a new subdivision 23 to require the promulgation of a standardized form for use by individuals to notify the Division of Criminal Justice Services of the need to take requisite action for related records. § 4 amends Executive Law § 296 (16) to make it an unlawful discriminato- ry practice for any person or entity "to make any inquiry about, whether in any form of application or otherwise, or to act upon adversely to the individual involved, any arrest or criminal accusation of such individ- ual not then pending against that individual which was followed by a termination of that criminal action or proceeding in favor of such indi- vidual" in the case of a conviction which is sealed pursuant to CPL § 160.57 in connection with licensing, housing employment, volunteer posi- tions or providing of credit or insurance to such individual, with certain exceptions, for example in connection with the licensing of firearms or in relation to employment as a police officer. § 5 amends Correction Law § 9 to require that an individual's informa- tion concerning their conviction that is posted on a website maintained by the department shall remain on such website no longer than three years past the maximum sentence of imprisonment has expired and at the conclusion of parole or post-release supervision. § 6 contains a severability clause § 7 provides an effective date of 120th days after it shall have become law   JUSTIFICATION: Once an individual's "debt to society" is paid, justice demands that the individual not be punished further in connection with employment, hous- ing, obtaining credit, and many additional areas essential for success- ful participation in one's community. This Act will provide such indi- viduals with a Clean Slate to move on with their lives and not be punished in perpetuity. It aims to end perpetual punishment by requiring the expungement of certain records subject to a variety of conditions and exceptions, making it illegal and a violation of Human Rights to unlawfully disseminate any information that has been expunged.   PRIOR LEGISLATIVE HISTORY: S8165 of 2020   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Not yet determined.   EFFECTIVE DATE: 120 days after it shall have become law.
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A06399 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6399--C
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 17, 2021
                                       ___________
 
        Introduced  by  M.  of  A. CRUZ, PRETLOW, GONZALEZ-ROJAS, MEEKS, BURGOS,
          FERNANDEZ, MAMDANI, WALKER, QUART, JACKSON, SEAWRIGHT, SIMON, DICKENS,
          HYNDMAN,  EPSTEIN,  FORREST,  ANDERSON,  KELLES,  GOTTFRIED,  BURDICK,
          GALLAGHER,  CARROLL,  SEPTIMO,  L. ROSENTHAL,  ZINERMAN,  REYES, NIOU,
          HEVESI, DARLING, AUBRY, MITAYNES, WEPRIN, LAVINE,  O'DONNELL,  JOYNER,
          SOLAGES,   BICHOTTE HERMELYN,   JEAN-PIERRE,   KIM,   HUNTER,   CLARK,
          J. D. RIVERA,   BRONSON,   GIBBS,   THIELE,   DE LOS SANTOS,   DAVILA,
          J. RIVERA,  TAYLOR, COOK, VANEL, FAHY, TAPIA, CUNNINGHAM, GLICK, LUCAS
          -- Multi-Sponsored by -- M.  of A. RAMOS -- read once and referred  to
          the  Committee on Codes -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee --  recommitted
          to  the  Committee on Codes in accordance with Assembly Rule 3, sec. 2
          -- committee discharged, bill amended, ordered  reprinted  as  amended
          and  recommitted to said committee -- again reported from said commit-
          tee with amendments, ordered reprinted as amended and  recommitted  to
          said committee
 
        AN  ACT  to  amend the criminal procedure law, the executive law and the
          correction  law,  in  relation  to  automatic   sealing   of   certain
          convictions
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The criminal procedure law  is  amended  by  adding  a  new
     2  section 160.57 to read as follows:
     3  § 160.57 Automatic sealing of convictions.
     4    1.  Convictions  for certain traffic infractions and violations or any
     5  crime defined in the laws of this state shall be  sealed  in  accordance
     6  with paragraph (c) of this subdivision as follows:
     7    (a)  Convictions for subdivision one of section eleven hundred ninety-
     8  two of the vehicle and traffic law shall be sealed after three years.
     9    (b) Criminal convictions for misdemeanors and felonies shall be sealed
    10  upon satisfaction of the following conditions:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09433-10-2

        A. 6399--C                          2
 
     1    (i) at least three years have passed from the imposition  of  sentence
     2  on  the defendant's most recent misdemeanor conviction in this state and
     3  at least seven years have passed since the imposition of sentence on the
     4  defendant's most recent felony conviction in this state;
     5    (ii)  the defendant does not have a subsequent criminal charge pending
     6  in this state;
     7    (iii) the defendant is not currently  under  the  supervision  of  any
     8  probation or parole department for the eligible conviction; and
     9    (iv)  the conviction is not defined as a sex offense under section one
    10  hundred sixty-eight-a of the correction law.
    11    (c) Where a conviction  is  eligible  for  sealing  pursuant  to  this
    12  section  before,  on,  or  after the effective date of this section, the
    13  division of criminal  justice  services  shall  immediately  notify  the
    14  office  of  court administration, the court of conviction, and the heads
    15  of all appropriate police and sheriff departments that the conviction is
    16  sealed.
    17    (d) Records of convictions sealed pursuant to this  section  including
    18  photographs,  photographic plates or proofs, palmprints, fingerprints or
    19  retina scans shall not be accessed by or made available to any person or
    20  public or private agency, or used by any entity covered  by  subdivision
    21  three of this section except for:
    22    (i) the defendant and such defendant's counsel;
    23    (ii)  any  court,  defense counsel or prosecutor for the purposes of a
    24  pending criminal proceeding or proceedings brought in a  criminal  court
    25  pursuant to article six-C of the correction law;
    26    (iii)  qualified  agencies,  as defined in subdivision nine of section
    27  eight hundred thirty-five of the executive law, federal  and  state  law
    28  enforcement  agencies,  and  interstate and international authorities as
    29  defined in subdivision three of section two of  the  public  authorities
    30  law, when acting within the scope of their law enforcement duties;
    31    (iv)  the  court,  prosecutor,  and  defense  counsel if the defendant
    32  becomes a witness in a criminal proceeding, or the claimant and respond-
    33  ent if the defendant becomes a witness in a civil proceeding;
    34    (v) when an individual is a defendant  in  a  criminal  proceeding  or
    35  proceedings brought in a criminal court pursuant to article six-C of the
    36  corrections  law  and  the sealed records of conviction of a third party
    37  are integral to their defense. In such instances, use of sealed  records
    38  of  conviction  shall  be requested upon ex parte motion in any superior
    39  court, or in any district court, city court or the criminal court of the
    40  city of New York provided that such court is where the action  is  pend-
    41  ing.  The  applicant  must  demonstrate to the satisfaction of the court
    42  that the records will be used for the purpose of this subparagraph;
    43    (vi) entities that are required by state or federal law to request and
    44  receive a  fingerprint-based  check  of  criminal  history  information,
    45  provided,  however,  that a person whose criminal history information is
    46  retrieved pursuant to this paragraph shall be furnished with a  copy  of
    47  such  information, together with a copy of article twenty-three-A of the
    48  correction law, and informed of his or her right to seek  correction  of
    49  any incorrect information contained in such criminal history information
    50  pursuant  to  regulations  and procedures established by the division of
    51  criminal justice services;
    52    (vii) pursuant to applicable regulations promulgated  by  the  commis-
    53  sioner  of the division of criminal justice services, specified entities
    54  that are authorized by state or federal law to  request  and  receive  a
    55  fingerprint-based  check  of criminal history information in relation to
    56  the provision of care or services to children, as defined in subdivision

        A. 6399--C                          3
 
     1  one of section three hundred seventy-one of the social services law, and
     2  vulnerable persons, as defined in subdivision fifteen  of  section  four
     3  hundred eighty-eight of the social services law, provided, however, that
     4  a  person  whose  criminal  history information is retrieved pursuant to
     5  this paragraph shall be provided with a copy of  such  criminal  history
     6  information,  together  with  a  copy  of  article twenty-three-A of the
     7  correction law, and informed of his or her right to seek  correction  of
     8  any incorrect information contained in such criminal history information
     9  pursuant  to  regulations  and procedures established by the division of
    10  criminal justice services;
    11    (viii) any prospective employer of a police officer or  peace  officer
    12  as  those terms are defined in subdivisions thirty-three and thirty-four
    13  of section 1.20 of this chapter,  in  relation  to  an  application  for
    14  employment as a police officer, provided, however, that every person who
    15  is  an  applicant shall be furnished with a copy of all records obtained
    16  under this paragraph and afforded an opportunity to make an  explanation
    17  thereto;
    18    (ix) any federal, state or local officer or agency with responsibility
    19  for  the  issuance of licenses to possess a firearm, rifle or shotgun or
    20  with responsibility for conducting background checks before transfer  or
    21  sale  of  a  firearm  or explosive, when the officer or agency is acting
    22  pursuant to such responsibility.  This  includes  the  criminal  justice
    23  information  services  division  of the federal bureau of investigation,
    24  for the purposes of responding to queries to the national instant  back-
    25  ground  check  system  regarding  attempts to purchase or otherwise take
    26  possession of firearms, rifles or shotguns, as defined in  18  U.S.C.  §
    27  921 (A)(3);
    28    (x)  for  the  purposes  of  civilian investigation or evaluation of a
    29  civilian complaint or civil action concerning law enforcement or  prose-
    30  cution  actions,  upon  ex parte motion in any superior court, or in any
    31  district court, city court or the criminal court of the city of New York
    32  provided that such court sealed the record; the  applicant  must  demon-
    33  strate  to  the  satisfaction of the court that the records will be used
    34  for the purposes of this subparagraph;
    35    (xi) for information provided to an individual or entity  pursuant  to
    36  paragraph  (e) of subdivision four of section eight hundred thirty-seven
    37  of the executive law or for bona fide  research  purposes  provided  all
    38  identifying information is removed;
    39    (xii) when an individual seeks to avail themselves of a public program
    40  or  benefit,  including  but  not limited to an immigration benefit, for
    41  which the sealed records of conviction of a third party are integral  to
    42  their  application  for  such program or benefit. In such instances, the
    43  individual or their attorney shall request the  use  of  sealed  records
    44  pursuant  to a form as prescribed in subdivision twenty-three of section
    45  eight hundred thirty-seven of the executive law;
    46    (xiii) for the purpose of collection of restitution  ordered  pursuant
    47  to  section  60.27  of  the  penal law. In such instances, use of sealed
    48  records shall be requested upon ex parte motion in any  superior  court,
    49  or  in  any  district court, city court or criminal court of the city of
    50  New York provided that such court is where the action  is  pending.  The
    51  applicant  must  demonstrate  to  the satisfaction of the court that the
    52  records will be used for the purpose of this subparagraph; and
    53    (xiv) transportation network companies that are required or authorized
    54  by state law to request criminal history information pursuant to section
    55  sixteen hundred ninety-nine of the vehicle and traffic law.

        A. 6399--C                          4
 
     1    (e) Where the sealing required by this paragraph has not taken  place,
     2  or  where  supporting  court  records  cannot  be  located  or have been
     3  destroyed, and a defendant or their  attorney  submits  notification  of
     4  such fact to the division of criminal justice services, as prescribed in
     5  subdivision  twenty-three  of  section eight hundred thirty-seven of the
     6  executive law, within thirty days of such notice to  the  division,  the
     7  conviction shall be sealed as set forth in this subdivision.
     8    2.  In  calculating the time periods under this section, any period of
     9  time during which the defendant was incarcerated  on  a  determinate  or
    10  indeterminate  sentence  for  a  period  of  at  least one year shall be
    11  excluded and such time period shall be extended by a period equal to the
    12  time served under such incarceration.  This period shall  be  calculated
    13  from  the  original sentencing date, notwithstanding any modification or
    14  vacatur of the original judgment or sentence.
    15    3. Where a conviction is eligible for sealing pursuant to this section
    16  before, on, or after the effective date of this section, the commission-
    17  er of the division of criminal justice services shall immediately notify
    18  the office of court administration, the  court  of  conviction  and  the
    19  heads  of  all  appropriate police departments, prosecutors' offices and
    20  law enforcement agencies that the conviction is sealed. Upon receipt  of
    21  such  notification,  records  of or relating to such conviction shall be
    22  immediately sealed pursuant to this section.   Where conviction  records
    23  are  sealed  pursuant  to  section 160.50 or 160.59 of this article, the
    24  requirements of such sections shall apply.
    25    (a) Any such entity that possesses information, records, documents  or
    26  papers related to the eligible conviction shall seal them as follows:
    27    (i)  Every  photograph  of  such  defendant and photographic plates or
    28  proof, and all palmprints, fingerprints and retina scans taken  or  made
    29  of  such individual pursuant to the provisions of this article in regard
    30  to the eligible  conviction,  and  all  duplicates,  reproductions,  and
    31  copies  thereof,  except  a digital fingerprint that is on file with the
    32  division of criminal justice services for a conviction that has not been
    33  sealed pursuant to this section shall be marked as sealed by  the  divi-
    34  sion  of  criminal  justice  services  and  by  any  police  department,
    35  prosecutor's office or law enforcement agency  having  any  such  photo-
    36  graph,  photographic  plate  or proof, palmprint, fingerprints or retina
    37  scan in its possession or under its control by conspicuously  indicating
    38  on  the  face of the record or at the beginning of the digitized file of
    39  the record that the record has been designated as sealed.  Where finger-
    40  prints subject to the provisions of this section have been  received  by
    41  the  division  of  criminal  justice services and have been filed by the
    42  division as digital images, such images may  remain  unsealed,  provided
    43  that  a  fingerprint card of the individual is on file with the division
    44  which was not sealed pursuant to this section.
    45    (ii) Every official record and paper and duplicates and copies  there-
    46  of,  including,  but not limited to, judgments and orders of a court but
    47  not including published court  decisions  or  opinions  or  records  and
    48  briefs  on  appeal,  relating to the conviction, on file with the agency
    49  shall be marked as sealed by conspicuously indicating on the face of the
    50  record or at the beginning of the digitized file of the record that  the
    51  record has been designated as sealed.
    52    (b) Third-party agencies shall seal information and all records, docu-
    53  ments and papers relating to the eligible conviction as follows:
    54    (i)  Every  police  department, prosecutor's office or law enforcement
    55  agency, including the division of criminal justice services, which tran-
    56  smitted or otherwise forwarded to any agency of the United States or  of

        A. 6399--C                          5
 
     1  any other state or jurisdiction outside of this state copies of any such
     2  photographs,  photographic plates or proofs, palmprints, fingerprints or
     3  retina scans, shall forthwith formally inform  such  agency  in  writing
     4  that  the  matter  has  been sealed and request in writing that all such
     5  copies be marked as sealed by conspicuously indicating on  the  face  of
     6  the  record or at the beginning of the digitized file of the record that
     7  the record has been designated as sealed.
     8    (ii) Every official record and paper and duplicates and copies  there-
     9  of,  including,  but not limited to, judgments and orders of a court but
    10  not including published court  decisions  or  opinions  or  records  and
    11  briefs  on  appeal,  relating to the conviction, on file with the agency
    12  shall be marked as sealed by conspicuously indicating on the face of the
    13  record or at the beginning of the digitized file of the record that  the
    14  record has been designated as sealed.
    15    4.  (a) Nothing in this section requires the sealing or destruction of
    16  DNA information maintained in the New York state DNA  database  of  such
    17  individual  pursuant to the provisions of the executive law in regard to
    18  the eligible conviction.
    19    (b) Nothing in this section requires the  sealing  or  destruction  of
    20  records  maintained  by the department of motor vehicles, and nothing in
    21  this section shall be construed to contravene the  vehicle  and  traffic
    22  law,  the  federal  driver's  privacy  protection act (18 U.S.C 2721 et.
    23  seq.), the REAL ID Act of 2005  (Public  Law  109-13;  49  U.S.C.  30301
    24  note),  section 7209 of the Intelligence Reform and Terrorism Prevention
    25  Act of 1986 (49 U.S.C. 31311), or regulations  promulgated  pursuant  to
    26  any such chapter or act.
    27    (c)  The  division  of  criminal  justice  services  is  authorized to
    28  disclose a conviction that is sealed pursuant to this section  to  enti-
    29  ties  that  are  required  by  federal  law, or by rules and regulations
    30  promulgated by a self-regulatory organization created under federal law,
    31  to consider sealed convictions. Such entities must certify to the  divi-
    32  sion  that they are required by federal law, or by rules and regulations
    33  promulgated by a self-regulatory  organization  that  has  been  created
    34  under  federal  law, to make an inquiry about or consider records sealed
    35  pursuant to this section  for  purposes  of  employment,  licensing,  or
    36  clearance.  To  the  extent  permitted  by  federal law, a record sealed
    37  pursuant to this section may not be considered a conviction  that  would
    38  prohibit the employment, licensing or clearance of the defendant.
    39    (d) Nothing in this section shall prohibit entities required by feder-
    40  al  law,  or  by  rules and regulations promulgated by a self-regulatory
    41  organization that has been created under federal  law,  from  making  an
    42  inquiry  about  or  considering  an  applicant's  criminal  history  for
    43  purposes of employment, licensing,  or  clearance  from  inquiring  into
    44  convictions sealed pursuant to this section.
    45    (e)  In  any civil action, an official record of a conviction that has
    46  been sealed pursuant to this section may not be introduced  as  evidence
    47  of  negligence  against  a  person  or  entity that provided employment,
    48  contract labor or services, volunteer work, licensing, tenancy,  a  home
    49  purchase,  a mortgage, an education, a loan, or insurance if such record
    50  was sealed and was not provided to the person or entity by or on  behalf
    51  of  a governmental entity in accordance with this section in response to
    52  such person's or entity's authorized and timely request  for  conviction
    53  history information.
    54    (f)  A  person or entity described in this subdivision, acting reason-
    55  ably and in good faith, may not have a duty to investigate the fact of a
    56  prior conviction that has been sealed pursuant to this section.

        A. 6399--C                          6
 
     1    (g) The  division  of  criminal  justice  services  is  authorized  to
     2  disclose  a  conviction  that  is sealed pursuant to this section to the
     3  state department of education  office  of  professional  discipline  for
     4  purposes of investigating professional misconduct as defined by subpara-
     5  graph  (i)  of  paragraph  (a) of subdivision five of section sixty-five
     6  hundred nine of the education law. The office of professional discipline
     7  must certifiy to the division that it  is  investigating  an  individual
     8  licensed to practice a profession pursuant to article one hundred thirty
     9  of  the education law for professional misconduct as defined by subpara-
    10  graph (i) of paragraph (a) of  subdivison  five  of  section  sixty-five
    11  hundred nine of the education law. Nothing in this section shall prohib-
    12  it the office of professional discipline from inquiring about or consid-
    13  ering convictions sealed pursuant to this section in such proceedings.
    14    5.  No  defendant  shall be required or permitted to waive eligibility
    15  for sealing pursuant to this section  as  part  of  a  plea  of  guilty,
    16  sentence or any agreement related to a conviction for a violation of the
    17  laws of this state.  Any such waiver is void and unenforceable.
    18    6.  Sealing as set forth in subdivision three of this section is with-
    19  out prejudice to a defendant or their attorney  seeking  further  relief
    20  pursuant  to  section  440.10 of this chapter.   Nothing in this section
    21  shall diminish or abrogate any rights or remedies otherwise available to
    22  the defendant.
    23    7. All records for a conviction subject to sealing under this  section
    24  where the conviction was entered on or before the effective date of this
    25  section shall receive the appropriate relief promptly and, in any event,
    26  no later than two years after such effective date.
    27    8.  A  conviction which is sealed pursuant to this section is included
    28  within the definition of a conviction for the purposes of  any  criminal
    29  proceeding  in  which  the  fact  of  a prior conviction would enhance a
    30  penalty or is an element of the offense charged.
    31    9. Any defendant claiming to be  aggrieved  by  a  violation  of  this
    32  section  shall have a cause of action in any court of appropriate juris-
    33  diction for damages, including punitive damages, and such other remedies
    34  as may be appropriate. The provisions of  this  article  shall  also  be
    35  enforceable  by  the division of human rights pursuant to the powers and
    36  procedures set forth in article fifteen of the executive law.
    37    § 2.  Section 845-d of the executive law  is  amended  by  adding  new
    38  subdivision 4 to read as follows:
    39    4.  Nothing  in  this  section shall authorize the division to provide
    40  criminal history information that is sealed pursuant to  section  160.57
    41  of  the criminal procedure law to any entity other than those explicitly
    42  authorized by that section to receive or access such information.
    43    § 3.  Section 837 of the executive law is amended by adding three  new
    44  subdivisions 23, 24 and 25 to read as follows:
    45    23.  Promulgate  a  standardized form for use by individuals to notify
    46  the division of criminal justice  services  of  convictions  subject  to
    47  sealing  under  section  160.57  of  the criminal procedure law, but for
    48  which the division has  not  taken  the  requisite  action  for  related
    49  records.
    50    24. Promulgate a certification process whereby individuals seeking use
    51  of  sealed  records  pursuant  to subparagraph (xii) of paragraph (d) of
    52  subdivision one of section 160.57 of  the  criminal  procedure  law  may
    53  request and access records.
    54    25.  Adopt,  amend and rescind such regulations as may be necessary to
    55  effectuate the provisions of subparagraph  (vii)  of  paragraph  (d)  of
    56  subdivision  one  of  section  160.57  of  the criminal procedure law to

        A. 6399--C                          7
 
     1  determine entities authorized to receive sealed records for purposes  of
     2  occupations  that  involve regular and substantial unsupervised or unre-
     3  stricted physical contact with children as defined in subdivision one of
     4  section  three  hundred  seventy-one  of  the  social  services law, and
     5  vulnerable persons, as defined in subdivision fifteen  of  section  four
     6  hundred eighty-eight of the social services law.
     7    § 4. Subdivision 16 of section 296 of the executive law, as amended by
     8  section  2 of subpart O of part II of chapter 55 of the laws of 2019, is
     9  amended to read as follows:
    10    16. It shall be an unlawful discriminatory  practice,  unless  specif-
    11  ically required or permitted by statute, for any person, agency, bureau,
    12  corporation or association, including the state and any political subdi-
    13  vision thereof, to make any inquiry about, whether in any form of appli-
    14  cation  or  otherwise,  or  to  act  upon  adversely  to  the individual
    15  involved, any arrest or criminal accusation of such individual not  then
    16  pending  against  that individual which was followed by a termination of
    17  that criminal action or proceeding  in  favor  of  such  individual,  as
    18  defined  in  subdivision two of section 160.50 of the criminal procedure
    19  law, or by an order adjourning the criminal action in  contemplation  of
    20  dismissal, pursuant to section 170.55, 170.56, 210.46, 210.47, or 215.10
    21  of  the  criminal procedure law, or by a youthful offender adjudication,
    22  as defined in subdivision one of section 720.35 of the  criminal  proce-
    23  dure  law, or by a conviction for a violation sealed pursuant to section
    24  160.55 of the criminal procedure law or by a conviction which is  sealed
    25  pursuant  to  section 160.59 or 160.58 of the criminal procedure law, or
    26  by a conviction which is sealed pursuant to section 160.57 of the crimi-
    27  nal procedure law, except  where  such  conviction  record  is  accessed
    28  pursuant  to  subparagraph (vi) or (vii) of paragraph (d) of subdivision
    29  one of section 160.57 of the criminal procedure law, in connection  with
    30  the  licensing,  housing,  employment, including volunteer positions, or
    31  providing of credit or insurance to such individual; provided,  further,
    32  that  no  person  shall be required to divulge information pertaining to
    33  any arrest or criminal accusation of such individual  not  then  pending
    34  against  that  individual  which  was  followed by a termination of that
    35  criminal action or proceeding in favor of such individual, as defined in
    36  subdivision two of section 160.50 of the criminal procedure law,  or  by
    37  an  order  adjourning the criminal action in contemplation of dismissal,
    38  pursuant to section 170.55 or 170.56, 210.46, 210.47 or  215.10  of  the
    39  criminal  procedure  law,  or  by  a  youthful offender adjudication, as
    40  defined in subdivision one of section 720.35 of the  criminal  procedure
    41  law,  or  by  a  conviction  for  a violation sealed pursuant to section
    42  160.55 of the criminal procedure law, or by a conviction which is sealed
    43  pursuant to section 160.58 or 160.59 of the criminal procedure  law,  or
    44  by a conviction which is sealed pursuant to section 160.57 of the crimi-
    45  nal  procedure  law,    except  where such conviction record is accessed
    46  pursuant to subparagraph (vi) or (vii) of paragraph (d)  of  subdivision
    47  one  of  section  160.57  of  the  criminal procedure law. An individual
    48  required or requested to provide information in violation of this subdi-
    49  vision may respond as if the arrest, criminal accusation, or disposition
    50  of such arrest or criminal accusation did not occur. The  provisions  of
    51  this  subdivision shall not apply to the licensing activities of govern-
    52  mental bodies in relation to the regulation of guns, firearms and  other
    53  deadly  weapons  or  in  relation  to an application for employment as a
    54  police officer or peace officer as those terms are defined  in  subdivi-
    55  sions  thirty-three  and  thirty-four  of  section  1.20 of the criminal
    56  procedure law; provided further that the provisions of this  subdivision

        A. 6399--C                          8
 
     1  shall  not  apply  to an application for employment or membership in any
     2  law enforcement agency with respect to any arrest or criminal accusation
     3  which was followed by a youthful offender adjudication,  as  defined  in
     4  subdivision one of section 720.35 of the criminal procedure law, or by a
     5  conviction  for  a  violation  sealed  pursuant to section 160.55 of the
     6  criminal procedure law, or by a conviction which is sealed  pursuant  to
     7  section  160.58  or  160.59  of  the  criminal  procedure  law,  or by a
     8  conviction which is sealed pursuant to section 160.57  of  the  criminal
     9  procedure  law.  For  purposes  of this subdivision, an action which has
    10  been adjourned in contemplation of dismissal, pursuant to section 170.55
    11  or 170.56, 210.46, 210.47 or 215.10 of the criminal procedure law, shall
    12  not be considered a pending action,  unless  the  order  to  adjourn  in
    13  contemplation  of  dismissal  is revoked and the case is restored to the
    14  calendar for further prosecution.
    15    § 5. Section 9 of the correction law, as added by section 2 of part OO
    16  of chapter 56 of the laws of 2010, the section  heading  as  amended  by
    17  chapter 322 of the laws of 2021, is amended to read as follows:
    18    §  9. Access to information of incarcerated individuals via the inter-
    19  net. Notwithstanding any provision of law to the contrary, any  informa-
    20  tion  relating  to  the  conviction  of  a  person[, except for a person
    21  convicted of an offense that would make such person ineligible for merit
    22  time under section eight hundred three of this chapter or an offense for
    23  which registration as a sex offender is required as set forth in  subdi-
    24  vision  two  or three of section one hundred sixty-eight-a of this chap-
    25  ter,] that is posted on a website maintained by or for  the  department,
    26  under  article  six  of  the  public officers law, may be posted on such
    27  website for a period not to exceed [five] three years after the  expira-
    28  tion  of such person's sentence of imprisonment and at the conclusion of
    29  any period of parole or post-release  supervision[;  provided,  however,
    30  that in the case of a person who has been committed to the department on
    31  more  than  one occasion, the department may post conviction information
    32  relating to any prior commitment on such website for  a  period  not  to
    33  exceed  five  years  after  the  expiration of such person's sentence of
    34  imprisonment and any period of parole or post-release supervision  aris-
    35  ing from the most recent commitment to the department].
    36    §  6.  Severability.  If  any provision of this act or the application
    37  thereof to any person, corporation or  circumstances  is  held  invalid,
    38  such invalidity shall not affect other provisions or applications of the
    39  act  which can be given effect without the invalid provision or applica-
    40  tion, and to this end the provisions of this  act  are  declared  to  be
    41  severable.
    42    § 7. This act shall take effect on the one hundred twentieth day after
    43  it shall have become a law.
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