S03809 Summary:

BILL NOS03809
 
SAME ASSAME AS A02142
 
SPONSORBAILEY
 
COSPNSRALCANTARA, AVELLA, DILAN, HAMILTON, HOYLMAN, KENNEDY, KRUEGER, LATIMER, MONTGOMERY, PERALTA, RIVERA, SANDERS, SQUADRON
 
MLTSPNSR
 
Amd 221.05, Pen L; amd 160.50, CP L
 
Relates to sealing records for certain proceedings that terminate in favor of the accused where the charges relate to the possession of marihuana.
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S03809 Actions:

BILL NOS03809
 
01/27/2017REFERRED TO CODES
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S03809 Committee Votes:

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S03809 Floor Votes:

There are no votes for this bill in this legislative session.
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S03809 Memo:

Memo not available
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S03809 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3809
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                    January 27, 2017
                                       ___________
 
        Introduced  by Sens. BAILEY, HAMILTON -- read twice and ordered printed,
          and when printed to be committed to the Committee on Codes
 
        AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
          relation to sealing records for certain proceedings
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 221.05 of the penal law, as added by chapter 360 of
     2  the laws of 1977, is amended to read as follows:
     3  § 221.05 Unlawful possession of marihuana.
     4    A person is guilty of unlawful possession of marihuana when  he  know-
     5  ingly and unlawfully possesses marihuana.
     6    Unlawful  possession  of marihuana is a violation punishable only by a
     7  fine of not more than one hundred dollars. However, where the  defendant
     8  has  previously  been  convicted of [an offense] a crime defined in this
     9  article, except a crime  defined  in  section  221.10  of  this  article
    10  provided,  however,  that  the record of such conviction does not demon-
    11  strate a conviction under subdivision two of  such  section  221.10,  or
    12  article 220 of this chapter, committed within the three years immediate-
    13  ly  preceding  such violation, it shall be punishable (a) only by a fine
    14  of not more than two hundred dollars, if the  defendant  was  previously
    15  convicted of one such offense committed during such period, and (b) by a
    16  fine  of  not more than two hundred fifty dollars or a term of imprison-
    17  ment not in excess of fifteen days or both, if the defendant was  previ-
    18  ously convicted of two such offenses committed during such period.
    19    §  2. Paragraph (k) of subdivision 3 of section 160.50 of the criminal
    20  procedure law, as added by chapter 835 of the laws of 1977 and as relet-
    21  tered by chapter 192 of the laws of 1980, is amended to read as follows:
    22    (k) (i) The accusatory instrument alleged a violation of  article  two
    23  hundred  twenty  or section 240.36 of the penal law, prior to the taking
    24  effect of article  two  hundred  twenty-one  of  the  penal  law,  or  a
    25  violation  of  article two hundred twenty-one of the penal law; (ii) the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05532-01-7

        S. 3809                             2
 
     1  sole  controlled  substance  involved  is  marijuana;  and   (iii)   the
     2  conviction  was  only  for a violation or violations[; and (iv) at least
     3  three years have passed since the offense occurred] of section 221.10 of
     4  the penal law provided, however, that the record of such conviction does
     5  not  demonstrate  a  conviction  under  subdivision  two of such section
     6  221.10, or for a petty offense or  offenses.    No  defendant  shall  be
     7  required  or permitted to waive eligibility for sealing pursuant to this
     8  paragraph as part of a plea of guilty, sentence or any agreement related
     9  to a conviction for a violation of section 221.05 or section  221.10  of
    10  the  penal law and any such waiver shall be deemed void and wholly unen-
    11  forceable.
    12    § 3. Section 160.50 of the criminal procedure law is amended by adding
    13  three new subdivisions 5, 6 and 7 to read as follows:
    14    5. A person convicted of a violation of section 221.10  of  the  penal
    15  law,  other  than  a  conviction  after  trial of, or plea of guilty to,
    16  subdivision two of such section 221.10, prior to the effective  date  of
    17  this subdivision may upon motion apply to the court in which such termi-
    18  nation  occurred,  upon not less than twenty days notice to the district
    19  attorney, for an order granting to such person the relief set  forth  in
    20  subdivision  one of this section, and such order shall be granted unless
    21  the district attorney demonstrates that the interests of justice require
    22  otherwise.
    23    6. (a) Notwithstanding any other provision of law except  as  provided
    24  in paragraph (d) of subdivision one of this section and paragraph (e) of
    25  subdivision  four of section eight hundred thirty-seven of the executive
    26  law: (i) when the division  of  criminal  justice  services  conducts  a
    27  search  of its criminal history records, maintained pursuant to subdivi-
    28  sion six of section eight hundred thirty-seven of the executive law, and
    29  returns a report thereon, all references to a conviction for a violation
    30  of section 221.10 of the penal law, other than a conviction after  trial
    31  of,  or plea of guilty to, subdivision two of such section 221.10, shall
    32  be excluded from such report; and (ii) the chief  administrator  of  the
    33  courts  shall develop and promulgate rules as may be necessary to ensure
    34  that no written or electronic report of a criminal history record search
    35  conducted by the office of  court  administration  contains  information
    36  relating  to a conviction for a violation of section 221.10 of the penal
    37  law, other than a conviction after trial  of,  or  plea  of  guilty  to,
    38  subdivision  two of such section 221.10, unless such search is conducted
    39  solely for a bona fide research purpose, provided that such information,
    40  if so disseminated, shall be disseminated in accordance with  procedures
    41  established by the chief administrator of the courts to assure the secu-
    42  rity  and  privacy  of  identification and information data, which shall
    43  include the execution of an agreement which protects the confidentiality
    44  of the information and reasonably protects against data linkage to indi-
    45  viduals.
    46    (b) Nothing contained in this subdivision shall be deemed to permit or
    47  require the release, disclosure or other dissemination by  the  division
    48  of  criminal  justice  services or the office of court administration of
    49  criminal history record information that has been sealed  in  accordance
    50  with law.
    51    7.  A  person  convicted of a violation of section 221.05 of the penal
    52  law shall,  on  the  effective  date  of  this  subdivision,  have  such
    53  conviction  immediately  sealed  pursuant  to  subdivision  one  of this
    54  section if such conviction occurred less than three years prior to  such
    55  effective date.

        S. 3809                             3
 
     1    §  4.  This  act  shall take effect on the sixtieth day after it shall
     2  have become a law.
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