A02896 Summary:

BILL NO    A02896B

SAME AS    SAME AS S03255-B

SPONSOR    Aubry

COSPNSR    Weprin

MLTSPNSR   Perry

Add S845-c, Exec L

Relates to criminal history record searches and open warrants and when such
warrants shall be excluded from reports.
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A02896 Actions:

BILL NO    A02896B

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 reported 
06/19/2013 rules report cal.504
06/19/2013 ordered to third reading rules cal.504
01/08/2014 referred to codes
01/22/2014 amend and recommit to codes
01/22/2014 print number 2896b
03/19/2014 reported 
03/20/2014 advanced to third reading cal.497
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A02896 Memo:

BILL NUMBER:A2896B

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
enforcement.

LEGISLATIVE HISTORY:; A10858A 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, 2016.
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A02896 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        2896--B

                              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  --  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

       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, 2016.


        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06009-05-4
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