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A06399 Summary:

BILL NOA06399A
 
SAME ASSAME AS S01553-B
 
SPONSORCruz
 
COSPNSRPretlow, Gonzalez-Rojas, Meeks, Burgos, Fernandez, Mamdani, Walker, Quart, Barron, Jackson, Seawright, Simon, Dickens, Hyndman, Epstein, Forrest, Anderson, De La Rosa, Kelles, Gottfried, Burdick, Gallagher, Carroll, Septimo, Rosenthal L, Richardson, Zinerman, Reyes, Niou, Hevesi, Darling, Aubry, Mitaynes, Weprin, Lavine, O'Donnell, Joyner, Perry
 
MLTSPNSR
 
Add §160.57, CP L; amd §§845-d, 837 & 296, Exec L; amd §9, Cor L
 
Relates to automatic expungement of certain convictions.
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A06399 Actions:

BILL NOA06399A
 
03/17/2021referred to codes
06/07/2021amend (t) and recommit to codes
06/07/2021print number 6399a
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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: A6399A
 
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--A
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 17, 2021
                                       ___________
 
        Introduced  by  M.  of  A. CRUZ, PRETLOW, GONZALEZ-ROJAS, MEEKS, BURGOS,
          FERNANDEZ, MAMDANI, WALKER, QUART, BARRON, JACKSON, SEAWRIGHT,  SIMON,
          DICKENS,  HYNDMAN,  EPSTEIN,  FORREST, ANDERSON, SILLITTI, DE LA ROSA,
          KELLES, GOTTFRIED, BURDICK, GALLAGHER, CARROLL, SEPTIMO, L. ROSENTHAL,
          RICHARDSON, ZINERMAN, REYES, NIOU, HEVESI, DARLING, AUBRY, MITAYNES --
          read once  and  referred  to  the  Committee  on  Codes  --  committee
          discharged, bill amended, 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:
    11    (i) at least three years have passed from the imposition  of  sentence
    12  on  the defendant's most recent misdemeanor conviction in this state and
    13  at least seven years have passed since the imposition of sentence on the
    14  defendant's most recent felony conviction in this state;
    15    (ii) the defendant does not have a criminal  charge  pending  in  this
    16  state;
    17    (iii)  the  defendant  is  not  currently under the supervision of any
    18  probation or parole department for the eligible conviction; and
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09433-04-1

        A. 6399--A                          2
 
     1    (iv) the conviction is not defined as a sex offense under section  one
     2  hundred sixty-eight-a of the correction law.
     3    (c)  Where a conviction is eligible for sealing pursuant to this para-
     4  graph before, on, or after the effective date of this section, the divi-
     5  sion of criminal justice services shall immediately notify the office of
     6  court administration, the court of conviction,  and  the  heads  of  all
     7  appropriate  police  and  sheriff  departments  that  the  conviction is
     8  sealed.
     9    (d) Records of convictions sealed pursuant to this paragraph shall not
    10  be accessed, made available to any person or public or  private  agency,
    11  or used by any state agency covered by subdivision three of this section
    12  except for:
    13    (i) the defendant and such defendant's attorney;
    14    (ii)  any  court  or prosecutor for the purposes of a pending criminal
    15  action;
    16    (iii) qualified agencies, as defined in subdivision  nine  of  section
    17  eight  hundred  thirty-five  of the executive law, and federal and state
    18  law enforcement agencies, when acting within  the  scope  of  their  law
    19  enforcement duties;
    20    (iv)  the  court,  prosecutor,  and  defense  counsel if the defendant
    21  becomes a witness in a criminal proceeding, or the claimant and respond-
    22  ent if the defendant becomes a witness in a civil proceeding;
    23    (v) when an individual is a defendant in a  criminal  action  and  the
    24  sealed  records  of  conviction  of  a third-party are integral to their
    25  defense. In such instances, use of sealed  records  shall  be  requested
    26  upon  ex  parte  motion in any superior court, or in any district court,
    27  city court or the criminal court of the city of New York  provided  that
    28  such  court  is  where  the action is pending. The applicant must demon-
    29  strate to the satisfaction of the court that the records  will  be  used
    30  for the purpose of this subparagraph;
    31    (vi)  entities  that are required by state or federal law to request a
    32  fingerprint-based  check  of  criminal  history  information,  provided,
    33  however,  that  every  person whose information is retrieved pursuant to
    34  this paragraph shall be furnished with a copy of  such  information  and
    35  afforded  an  opportunity  to  explain or contest the information to the
    36  entity;
    37    (vii) any prospective employer of a police officer or peace officer as
    38  those terms are defined in subdivisions thirty-three and thirty-four  of
    39  section  1.20 of this chapter, in relation to an application for employ-
    40  ment as a police officer, provided, however, that every person who is an
    41  applicant shall be furnished with a copy of all records  obtained  under
    42  this paragraph and afforded an opportunity to make an explanation there-
    43  to;
    44    (viii) any federal, state or local officer or agency with responsibil-
    45  ity  for the issuance of licenses to possess a firearm, rifle or shotgun
    46  or with responsibility for conducting background checks before  transfer
    47  or  sale of a firearm or explosive, when the officer or agency is acting
    48  pursuant to such responsibility.  This  includes  the  criminal  justice
    49  information  services  division  of the federal bureau of investigation,
    50  for the purposes of responding to queries to the national instant  back-
    51  ground  check  system  regarding  attempts to purchase or otherwise take
    52  possession of firearms, rifles or shotguns, as defined in  18  U.S.C.  §
    53  921 (A)(3);
    54    (ix)  for  the  purposes  of civilian investigation or evaluation of a
    55  civilian complaint or civil action concerning law enforcement or  prose-
    56  cution  actions,  upon  ex parte motion in any superior court, or in any

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

        A. 6399--A                          4
 
     1  smitted  or otherwise forwarded to any agency of the United States or of
     2  any other state or jurisdiction outside of this state copies of any such
     3  photographs, photographic plates or proofs, palmprints, fingerprints  or
     4  retina  scans,  shall  forthwith  formally inform such agency in writing
     5  that the matter has been sealed and request in  writing  that  all  such
     6  copies be destroyed.
     7    (ii)  Every official record and paper and duplicates and copies there-
     8  of, including, but not limited to, judgments and orders of a  court  but
     9  not  including  published  court  decisions  or  opinions or records and
    10  briefs on appeal, relating to the conviction, on file  with  the  agency
    11  shall be marked as sealed by conspicuously indicating on the face of the
    12  record  or at the beginning of the digitized file of the record that the
    13  record has been designated as sealed.
    14    4. (a) Nothing in this section requires the destruction of DNA  infor-
    15  mation  maintained in the New York state DNA database of such individual
    16  pursuant to the provisions of the executive law in regard to the  eligi-
    17  ble conviction.
    18    (b)  Nothing  in  this  section requires the sealing or destruction of
    19  records maintained by the department of motor vehicles, and  nothing  in
    20  this  section  shall  be construed to contravene the vehicle and traffic
    21  law, the federal driver's privacy protection  act  (18  U.S.C  2721  et.
    22  seq.),  or  the  Commercial  Motor Vehicle Safety Act of 1986 (49 U.S.C.
    23  31311).
    24    (c) The  division  of  criminal  justice  services  is  authorized  to
    25  disclose  a  conviction that is sealed pursuant to this section to enti-
    26  ties that are required by federal  law,  or  by  rules  and  regulations
    27  promulgated by a self-regulatory organization created under federal law,
    28  to  consider sealed convictions. Such entities must certify to the divi-
    29  sion that they are required by federal law, or by rules and  regulations
    30  promulgated  by  a  self-regulatory  organization  that has been created
    31  under federal law, to make an inquiry about or consider  records  sealed
    32  pursuant  to  this  section  for  purposes  of employment, licensing, or
    33  clearance. To the extent permitted  by  federal  law,  a  record  sealed
    34  pursuant  to  this section may not be considered a conviction that would
    35  prohibit the employment, licensing or clearance of the defendant.
    36    (d) Nothing in this section shall prohibit entities required by feder-
    37  al law, or by rules and regulations  promulgated  by  a  self-regulatory
    38  organization  that  has  been  created under federal law, from making an
    39  inquiry  about  or  considering  an  applicant's  criminal  history  for
    40  purposes  of  employment,  licensing,  or  clearance from inquiring into
    41  convictions sealed pursuant to this section.
    42    (e) In any civil action, an official record of a conviction  that  has
    43  been  sealed  pursuant to this section may not be introduced as evidence
    44  of negligence against a  person  or  entity  that  provided  employment,
    45  contract  labor  or services, volunteer work, licensing, tenancy, a home
    46  purchase, a mortgage, an education, a loan, or insurance if such  record
    47  was  sealed and was not provided to the person or entity by or on behalf
    48  of a governmental entity in accordance with this section in response  to
    49  such  person's  or entity's authorized and timely request for conviction
    50  history information.
    51    (f) A person or entity described in this subdivision,  acting  reason-
    52  ably and in good faith, may not have a duty to investigate the fact of a
    53  prior conviction that has been sealed pursuant to this section.
    54    5.  No  defendant  shall be required or permitted to waive eligibility
    55  for sealing pursuant to this section  as  part  of  a  plea  of  guilty,

        A. 6399--A                          5
 
     1  sentence or any agreement related to a conviction for a violation of the
     2  laws of this state.  Any such waiver is void and unenforceable.
     3    6.  Sealing as set forth in subdivision three of this section is with-
     4  out prejudice to a defendant or their attorney  seeking  further  relief
     5  pursuant  to  section  440.10 of this chapter.   Nothing in this section
     6  shall diminish or abrogate any rights or remedies otherwise available to
     7  the defendant.
     8    7. All records for a conviction subject to sealing under this  section
     9  where the conviction was entered on or before the effective date of this
    10  section shall receive the appropriate relief promptly and, in any event,
    11  no later than two years after such effective date.
    12    8.  A  conviction which is sealed pursuant to this section is included
    13  within the definition of a conviction for the purposes of  any  criminal
    14  proceeding  in  which  the  fact  of  a prior conviction would enhance a
    15  penalty or is an element of the offense charged.
    16    9. Any defendant claiming to be  aggrieved  by  a  violation  of  this
    17  section  shall have a cause of action in any court of appropriate juris-
    18  diction for damages, including punitive damages, and such other remedies
    19  as may be appropriate. The provisions of  this  article  shall  also  be
    20  enforceable  by  the division of human rights pursuant to the powers and
    21  procedures set forth in article fifteen of the executive law.
    22    § 2. Subdivision 3 of section 845-d of the executive law, as added  by
    23  section  1 of subpart N of part II of chapter 55 of the laws of 2019, is
    24  amended to read as follows:
    25    3. Nothing in this section shall authorize  the  division  to  provide
    26  criminal  history information that is not otherwise authorized by law or
    27  that is sealed pursuant to section 160.50,  160.55,  160.57,  160.58  or
    28  160.59 of the criminal procedure law.
    29    §  3.  Section  837  of  the  executive law is amended by adding a new
    30  subdivision 23 to read as follows:
    31    23. Promulgate a standardized form for use by  individuals  to  notify
    32  the  division  of  criminal  justice  services of convictions subject to
    33  sealing under section 160.57 of the  criminal  procedure  law,  but  for
    34  which  the  division  has  not  taken  the  requisite action for related
    35  records.
    36    § 4. Subdivision 16 of section 296 of the executive law, as amended by
    37  section 2 of subpart O of part II of chapter 55 of the laws of 2019,  is
    38  amended to read as follows:
    39    16.  It  shall  be an unlawful discriminatory practice, unless specif-
    40  ically required or permitted by statute, for any person, agency, bureau,
    41  corporation or association, including the state and any political subdi-
    42  vision thereof, to make any inquiry about, whether in any form of appli-
    43  cation or  otherwise,  or  to  act  upon  adversely  to  the  individual
    44  involved,  any arrest or criminal accusation of such individual not then
    45  pending against that individual which was followed by a  termination  of
    46  that  criminal  action  or  proceeding  in  favor of such individual, as
    47  defined in subdivision two of section 160.50 of the  criminal  procedure
    48  law,  or  by an order adjourning the criminal action in contemplation of
    49  dismissal, pursuant to section 170.55, 170.56, 210.46, 210.47, or 215.10
    50  of the criminal procedure law, or by a youthful  offender  adjudication,
    51  as  defined  in subdivision one of section 720.35 of the criminal proce-
    52  dure law, or by a conviction for a violation sealed pursuant to  section
    53  160.55  of the criminal procedure law or by a conviction which is sealed
    54  pursuant to section 160.59 or 160.58 of the criminal procedure  law,  or
    55  by a conviction which is sealed pursuant to section 160.57 of the crimi-
    56  nal  procedure  law,  in connection with the licensing, housing, employ-

        A. 6399--A                          6

     1  ment, including volunteer positions, or providing of credit or insurance
     2  to such individual; provided, further, that no person shall be  required
     3  to  divulge  information pertaining to any arrest or criminal accusation
     4  of  such  individual  not then pending against that individual which was
     5  followed by a termination of that criminal action or proceeding in favor
     6  of such individual, as defined in subdivision two of section  160.50  of
     7  the  criminal  procedure  law,  or  by  an order adjourning the criminal
     8  action in contemplation of dismissal,  pursuant  to  section  170.55  or
     9  170.56,  210.46, 210.47 or 215.10 of the criminal procedure law, or by a
    10  youthful offender adjudication, as defined in subdivision one of section
    11  720.35 of the criminal procedure law, or by a conviction for a violation
    12  sealed pursuant to section 160.55 of the criminal procedure law, or by a
    13  conviction which is sealed pursuant to section 160.58 or 160.59  of  the
    14  criminal  procedure  law, or by a conviction which is sealed pursuant to
    15  section 160.57 of the criminal procedure law. An individual required  or
    16  requested  to  provide  information in violation of this subdivision may
    17  respond as if the arrest, criminal accusation, or  disposition  of  such
    18  arrest  or  criminal  accusation  did  not occur. The provisions of this
    19  subdivision shall not apply to the licensing activities of  governmental
    20  bodies  in relation to the regulation of guns, firearms and other deadly
    21  weapons or in relation to an application  for  employment  as  a  police
    22  officer  or  peace  officer  as  those terms are defined in subdivisions
    23  thirty-three and thirty-four of section 1.20 of the  criminal  procedure
    24  law;  provided further that the provisions of this subdivision shall not
    25  apply to an application for employment or membership in any law enforce-
    26  ment agency with respect to any arrest or criminal accusation which  was
    27  followed  by a youthful offender adjudication, as defined in subdivision
    28  one of section 720.35 of the criminal procedure law, or by a  conviction
    29  for a violation sealed pursuant to section 160.55 of the criminal proce-
    30  dure  law, or by a conviction which is sealed pursuant to section 160.58
    31  or 160.59 of the criminal procedure law, or by  a  conviction  which  is
    32  sealed  pursuant  to  section  160.57 of the criminal procedure law. For
    33  purposes of this subdivision, an action  which  has  been  adjourned  in
    34  contemplation  of  dismissal,  pursuant  to  section  170.55  or 170.56,
    35  210.46, 210.47 or 215.10 of the criminal procedure  law,  shall  not  be
    36  considered  a  pending  action,  unless  the order to adjourn in contem-
    37  plation of dismissal is revoked and the case is restored to the calendar
    38  for further prosecution.
    39    § 5. Section 9 of the correction law, as added by section 2 of part OO
    40  of chapter 56 of the laws of 2010, is amended to read as follows:
    41    § 9. Access to inmate information via  the  internet.  Notwithstanding
    42  any  provision  of  law to the contrary, any information relating to the
    43  conviction of a person[, except for a person  convicted  of  an  offense
    44  that  would  make  such  person  ineligible for merit time under section
    45  eight hundred three of this chapter or an offense for which registration
    46  as a sex offender is required as set forth in subdivision two  or  three
    47  of section one hundred sixty-eight-a of this chapter,] that is posted on
    48  a  website maintained by or for the department, under article six of the
    49  public officers law, may be posted on such website for a period  not  to
    50  exceed [five] three years after the expiration of such person's sentence
    51  of  imprisonment  and at the conclusion of any period of parole or post-
    52  release supervision[; provided, however, that in the case  of  a  person
    53  who  has been committed to the department on more than one occasion, the
    54  department may post conviction information relating to any prior commit-
    55  ment on such website for a period not to exceed  five  years  after  the
    56  expiration  of  such person's sentence of imprisonment and any period of

        A. 6399--A                          7

     1  parole or post-release supervision arising from the most recent  commit-
     2  ment to the department].
     3    §  6.  Severability.  If  any provision of this act or the application
     4  thereof to any person, corporation or  circumstances  is  held  invalid,
     5  such invalidity shall not affect other provisions or applications of the
     6  act  which can be given effect without the invalid provision or applica-
     7  tion, and to this end the provisions of this  act  are  declared  to  be
     8  severable.
     9    § 7. This act shall take effect on the one hundred twentieth day after
    10  it shall have become a law.
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