Repeals section 160.58 of the criminal procedure law which requires the sealing of the conviction records of persons who have completed a judicial diversion program or a drug treatment alternative to prison.
STATE OF NEW YORK
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6067
2011-2012 Regular Sessions
IN ASSEMBLY
March 4, 2011
___________
Introduced by M. of A. MALLIOTAKIS -- read once and referred to the
Committee on Codes
AN ACT to amend the executive law, in relation to inquiries about
certain sealed convictions; and to repeal section 160.58 of the crimi-
nal procedure law relating to conditional sealing of certain
controlled substances, marihuana or specified offense convictions
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 160.58 of the criminal procedure law is REPEALED.
2 § 2. Subdivision 16 of section 296 of the executive law, as separately
3 amended by section 3 of part N and section 14 of part AAA of chapter 56
4 of the laws of 2009, is amended to read as follows:
5 16. It shall be an unlawful discriminatory practice, unless specif-
6 ically required or permitted by statute, for any person, agency, bureau,
7 corporation or association, including the state and any political subdi-
8 vision thereof, to make any inquiry about, whether in any form of appli-
9 cation or otherwise, or to act upon adversely to the individual
10 involved, any arrest or criminal accusation of such individual not then
11 pending against that individual which was followed by a termination of
12 that criminal action or proceeding in favor of such individual, as
13 defined in subdivision two of section 160.50 of the criminal procedure
14 law, or by a youthful offender adjudication, as defined in subdivision
15 one of section 720.35 of the criminal procedure law, or by a conviction
16 for a violation sealed pursuant to section 160.55 of the criminal proce-
17 dure law [or by a conviction which is sealed pursuant to section 160.58
18 of the criminal procedure law], in connection with the licensing,
19 employment or providing of credit or insurance to such individual;
20 provided, further, that no person shall be required to divulge informa-
21 tion pertaining to any arrest or criminal accusation of such individual
22 not then pending against that individual which was followed by a termi-
23 nation of that criminal action or proceeding in favor of such individ-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05115-01-1
A. 6067 2
1 ual, as defined in subdivision two of section 160.50 of the criminal
2 procedure law, or by a youthful offender adjudication, as defined in
3 subdivision one of section 720.35 of the criminal procedure law, or by a
4 conviction for a violation sealed pursuant to section 160.55 of the
5 criminal procedure law[, or by a conviction which is sealed pursuant to
6 section 160.58 of the criminal procedure law]. The provisions of this
7 subdivision shall not apply to the licensing activities of governmental
8 bodies in relation to the regulation of guns, firearms and other deadly
9 weapons or in relation to an application for employment as a police
10 officer or peace officer as those terms are defined in subdivisions
11 thirty-three and thirty-four of section 1.20 of the criminal procedure
12 law; provided further that the provisions of this subdivision shall not
13 apply to an application for employment or membership in any law enforce-
14 ment agency with respect to any arrest or criminal accusation which was
15 followed by a youthful offender adjudication, as defined in subdivision
16 one of section 720.35 of the criminal procedure law, or by a conviction
17 for a violation sealed pursuant to section 160.55 of the criminal proce-
18 dure law[, or by a conviction which is sealed pursuant to section 160.58
19 of the criminal procedure law].
20 § 3. This act shall take effect immediately.
