BILL NO A02896A
SAME AS SAME AS S03255-A
Add S845-c, Exec L
Relates to criminal history record searches and open warrants and when such
warrants shall be excluded from reports.
BILL NO A02896A
01/22/2013 referred to codes
05/29/2013 amend (t) and recommit to codes
05/29/2013 print number 2896a
06/10/2013 reported referred to rules
06/19/2013 rules report cal.504
06/19/2013 ordered to third reading rules cal.504
BILL NUMBER:A2896A REPLACE 5/30/13
TITLE OF BILL: An act to amend the executive law, in relation to
criminal history record searches and open warrants
PURPOSE: This bill will create a procedure to remove inaccurate
information from an individual's permanent criminal record as
maintained by the Division Criminal Justice Services (DCJS) as it
relates to warrants issued as part of a criminal proceeding.
SUMMARY OF PROVISIONS: Section 1 of the bill adds a new section 845-c
of the executive law creating a process whereby DCJS will exclude a
warrant that has not been recalled from a person's criminal history
records where there has been a new court proceeding reported on the
case but no warrant has been recalled. This section will not apply to
criminal justice history records available to state agencies with
access to the DCJS data base under section 837(6) of the Executive Law
or to law enforcement agencies, but will affect criminal history
background checks for civil purposes.
Section 2 provides an effective date.
EXISTING LAW: Under Subsection six of Executive Law S 837, the
Division of Criminal Justice Services (DCJS) is required to establish
a repository to maintain a record of all arrests and prosecutions in
New York State, creating an individual's rap sheet. The registry's
data includes a record of all warrants issued as part of a criminal
proceeding. Once these warrants are vacated by the court, this
information should then be sent to DCJS and recorded in the
individual's rap sheet.
JUSTIFICATION: Due to failures in communication among the various
criminal justice agencies, the process outlined in the Executive Law
is not always followed, resulting in many individuals having rap
sheets that list warrants as active that have actually been recalled.
These mistakes can cause an individual to be denied employment,
housing or public benefits for which they are eligible.
Currently, in order to correct warrant-related mistakes of this sort,
an individual must return to the court where his or her case was heard
and ask the clerk of the court to forward information regarding the
vacated warrant to DCJS so that this information may be correctly
reflected on the individual's criminal record. An individual must
follow this process even when it is clear from the criminal record
that further proceedings occurred and that the warrant in question
must have been previously cleared.
This process becomes more complex, or even impossible, where the
phantom warrant involves an old case. Under the Records Retention and
Disposition Schedule issued by the Office of Court Administration
(OCA), courts are ordered to destroy records of all returned warrants
within five years of the date of return or recall. Court case files,
which may also contain records concerning warrants, are also scheduled
to be destroyed after a period of time. This period can be as short a
six years where the case was terminated in favor of the defendant or
resulted in a violation disposition. Even records of cases that ended
in a felony conviction are only retained for 25 years before they are
destroyed. As a result, once the courts no longer have any record of
these warrants, these persons have no opportunity to have this
inaccurate information removed from their record.
The proposed amendment provides a simple mechanism to have incorrect,
outdated warrant information removed from criminal history records
released for civil background checks. It will not affect the data seen
by qualified state agencies, including the courts, or by law
LEGISLATIVE HISTORY:; A10858-A referred to codes in 2007 and 2008.
A.3665-A was referred to codes in 2009 and 2010. A.6473 was referred
to codes in 2011 and 2012.
FISCAL IMPLICATIONS: To be determined.
EFFECTIVE DATE: This shall take effect January 1, 2015.
S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N A S S E M B L Y
January 22, 2013
Introduced by M. of A. AUBRY -- 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 executive law, in relation to criminal history
record searches and open warrants
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 S 845-C. CRIMINAL HISTORY RECORD SEARCHES; OPEN WARRANTS. 1. WHEN A
4 CRIMINAL RECORD MAINTAINED BY THE DIVISION, PURSUANT TO SUBDIVISION SIX
5 OF SECTION EIGHT HUNDRED THIRTY-SEVEN OF THIS ARTICLE, CONTAINS A
6 WARRANT THAT HAS NOT BEEN RECALLED AND THE DIVISION HAS SUBSEQUENTLY
7 RECEIVED A REPORT OF A NEW COURT PROCEEDING ON THE CASE THAT CONTAINS
8 THE WARRANT BUT NO REPORT THAT THE WARRANT HAS BEEN RECALLED, ALL REFER-
9 ENCES TO SUCH A WARRANT CONTAINED IN THE CRIMINAL HISTORY RECORD SHALL
10 BE EXCLUDED FROM SUCH REPORT.
11 2. THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY
12 TO CRIMINAL HISTORY RECORD INFORMATION (A) PROVIDED BY THE DIVISION TO
13 QUALIFIED AGENCIES PURSUANT TO SUBDIVISION SIX OF SECTION EIGHT HUNDRED
14 THIRTY-SEVEN OF THIS ARTICLE OR TO FEDERAL OR STATE LAW ENFORCEMENT
15 AGENCIES FOR CRIMINAL JUSTICE PURPOSES; (B) PREPARED SOLELY FOR A BONA
16 FIDE RESEARCH PURPOSE; OR (C) PREPARED FOR THE INTERNAL RECORDKEEPING OR
17 CASE MANAGEMENT PURPOSES OF THE DIVISION.
18 S 2. This act shall take effect January 1, 2015.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.