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S09906 Summary:

BILL NOS09906
 
SAME ASNo Same As
 
SPONSORMYRIE
 
COSPNSR
 
MLTSPNSR
 
Amd §160.50, CP L
 
Relates to access to certain confidential records upon the termination of a criminal action in favor of the accused.
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S09906 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9906
 
                    IN SENATE
 
                                     April 13, 2026
                                       ___________
 
        Introduced  by  Sen.  MYRIE  -- (at request of the State Comptroller) --
          read twice and ordered printed, and when printed to  be  committed  to
          the Committee on Codes
 
        AN  ACT  to  amend the criminal procedure law, in relation to the avail-
          ability of certain records
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Paragraph  (d)  of subdivision 1 of section 160.50 of the
     2  criminal procedure law, as amended by chapter 449 of the laws  of  2015,
     3  is amended to read as follows:
     4    (d)  such  records shall be made available to the person accused or to
     5  such person's designated agent, and shall be made  available  to  (i)  a
     6  prosecutor in any proceeding in which the accused has moved for an order
     7  pursuant  to  section  170.56  or  210.46 of this chapter, or (ii) a law
     8  enforcement agency upon ex parte motion in any superior court, or in any
     9  district court, city court or the criminal court of the city of New York
    10  provided that such court sealed the record, if such agency  demonstrates
    11  to the satisfaction of the court that justice requires that such records
    12  be  made  available to it, or (iii) any state or local officer or agency
    13  with responsibility for the issuance of licenses to possess  guns,  when
    14  the  accused  has  made  application for such a license, or (iv) the New
    15  York state department of corrections and community supervision when  the
    16  accused is on parole supervision as a result of conditional release or a
    17  parole  release  granted  by the New York state board of parole, and the
    18  arrest which is the subject of the inquiry is one which  occurred  while
    19  the  accused was under such supervision, or (v) any prospective employer
    20  of a police officer or peace officer  as  those  terms  are  defined  in
    21  subdivisions  thirty-three and thirty-four of section 1.20 of this chap-
    22  ter, in relation to an application for employment as a police officer or
    23  peace officer; provided, however, that every person who is an  applicant
    24  for  the  position of police officer or peace officer shall be furnished
    25  with a copy of all records obtained under this paragraph and afforded an
    26  opportunity to make  an  explanation  thereto,  or  (vi)  the  probation
    27  department  responsible  for  supervision of the accused when the arrest
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06935-01-5

        S. 9906                             2
 
     1  which is the subject of the inquiry is  one  which  occurred  while  the
     2  accused  was under such supervision, or (vii) the office of the New York
     3  state comptroller for purposes of an  examination  pursuant  to  article
     4  three of the general municipal law; and
     5    § 2. This act shall take effect immediately.
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