NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10092
SPONSOR: Peoples-Stokes TITLE OF BILL: An act to amend the penal law and the criminal proce-
dure law, in relation to sealing records for certain proceedings
PURPOSE:
To permit the sealing of certain marijuana-possession convictions under
section 221.10 of the Penal Law.
SUMMARY OF PROVISIONS:
Section 1 of the bill amends section 221.05 of the Penal Law, New York's
basic possession of marijuana statute. It provides that a previous
conviction under subdivision one of section 221.10 of the penal law
shall not result in an increase in the maximum fine for a subsequent
conviction under PL § 221.05, the basic marijuana statute. Subdivision
one of PL § 221.10 prohibits knowingly and unlawfully possessing in a
public place marijuana that is burning or open to public view.
Section 2 of the bill adds 221.10 of the Penal Law to the list of
offenses included in paragraph (k) of subdivision 3 for which sealing of
records is required upon conviction. Further, it prohibits a waiver of
sealing as part of a plea agreement.
Section 3 of the bill makes retroactive certain aspects of this bill by
providing a mechanism for persons convicted under 221.10, and in certain
circumstances 221.05, prior to the effective date of the bill, to have
those records sealed.
JUSTIFICATION:
Under New York law, possession of 25 grams of marijuana or less is a
violation, treated under PL 221.05 as essentially a traffic offense.
However, often individuals possessing a small amount of marijuana are
charged with a misdemeanor offense under section 221.10 of the penal
law. This is largely due the requirement in current law that the mari-
juana not be burning in a public place or in public view. It has been
widely reported that police officers sometimes request or demand that
suspects empty their pockets or purse-- and then charge them under the
misdemeanor law based on "public view" exposure of the substance"*
Many of the cases brought under § 221.10 (1), charging small-quantity
possession of marijuana in a public place and open to public view, could
be handled effectively with an appearance ticket and a potential fine,
and without the stigma and consequences that may follow a misdemeanor-
level conviction. However, instead of achieving decriminalization of
marijuana, as was intended in the 1977 statute , individuals throughout
New York are still facing misdemeanor prosecution for the simple
possession of a small amount of marijuana.
In 2014, nearly 28,000 arrests were made in New York City and nearly
4,000 outside of NYC for possession of marijuana, an average of 2,339
per month.** A permanent criminal record is the most enduring and long
lasting cost of these arrests. Records of arrests and convictions are
now are readily accessible to the public. Employers, landlords, credit
agencies, licensing boards, and student loan providers routinely search
databases for background checks on applicants. Nurses, security guards,
home health aides and others licensed by the state may be at risk of
losing their licenses and jobs based on one misdemeanor conviction. For
the immigrant population, such a conviction may, depending on the
circumstances, result in deportation from the United States. Landlords
and public housing authorities may seek to evict a person as a result of
such a conviction
. While an individual misdemeanor conviction for
possession of marijuana often does not result in jail time, such a
conviction may have the effect of exposing an individual to significant
legal difficulties and a lifetime of collateral consequences.
Furthermore, these effects are disproportionately felt in New York's
African American and Latino communities. According to the New York State
Division of Criminal Justice Services, 50.47 percent of those arrested
for possession of marijuana in 2015 were African American, and 38.18
percent of the persons arrested were Latino.*** While studies show that
white persons use marijuana at comparable rates, only 8 percent of those
arrested for possession of marijuana are white. **** Thus, the crippling
consequences of such an arrest or conviction mainly impact only the
minority segment of our population.
This bill is necessary not only to limit the stigma and collateral
consequences associated with a conviction for basic marijuana
possession, behavior the Legislature has already sought to decriminal-
ize, but also to address the rampant disparity that exists regarding the
implementation and effect of these laws.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
Minimal.
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it has become law.
*See People v Johnson, 2016 N.Y. Misc. LEX1S 629, 2016 NY Slip Op 26057
(N.Y. City Crim. Ct. Mar. 2, 2016)
**New York State Division of Criminal Justice Services. Ages 16 and
older. All arrests where marijuana possession was the only or highest
charge. 1-Itt://marijuana-arrests.com/ May 2014.
*** Victoria Bekiempis (June 12, 2015), Whites Account for 8% of NY
Marijuana Arrests. Newsweek. Online Edition.
**** Id.
