Relates to establishing an automatic expunction system for certain records including unconstitutional stops that occurred between January two thousand four and June two thousand twelve by the New York city police department that either resulted in the completion of a UF-250 form or a Form 61 complaint in which the SQF section was completed and led to arrests for either resisting arrest, disorderly conduct, criminal possession of a weapon, and offenses involving marihuana.
STATE OF NEW YORK
________________________________________________________________________
3198
2019-2020 Regular Sessions
IN SENATE
February 4, 2019
___________
Introduced by Sens. PARKER, SEPULVEDA -- 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 establishing
an automatic expunction system for certain records
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative intent. On August 12, 2013, United States
2 District Judge Shira A. Scheindlin issued an order in Floyd v. City of
3 New York that found the city of New York had violated the Fourth and
4 Fourteenth Amendments by acting with "deliberate indifference" toward
5 the New York City Police Department's (NYPD) practice of making suspi-
6 cionless "stops" and "frisks" and by adopting "a policy of indirect
7 racial profiling by targeting racially defined groups" for "stops" and
8 "frisks". Additionally, a remedial order was issued imposing remedies or
9 "reforms" to the NYPD's "stop and frisk" practices. (959 F.Supp.2d 540,
10 562, 668 (S.D.N.Y. 2013)). In a settlement to a lawsuit brought by the
11 New York Civil Liberties Union the city was required to delete personal
12 information including names and addresses of individuals that were
13 stopped, questioned and/or frisked. Between January 2004 and June 2012
14 the NYPD made 4.4 million stops in which 83% of them were made on Afri-
15 can Americans and Hispanics. The legislature finds that any records
16 associated with such unconstitutional stops, frisks and arrests shall be
17 automatically expunged and notification shall be made to such individ-
18 uals of such expunction.
19 § 2. The criminal procedure law is amended by adding a new section
20 160.65 to read as follows:
21 § 160.65 New York city stop and frisk automatic expunction.
22 1. For purposes of this section, the following terms shall have the
23 following meanings:
24 (a) "Stop and frisk" shall have the same meaning as section 140.50 of
25 the criminal procedure law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00617-01-9
S. 3198 2
1 (b) "Voidable stop" shall mean any stop that:
2 (i) qualifies as a stop and frisk;
3 (ii) occurred between January two thousand four and June two thousand
4 twelve by the New York city police department; and
5 (iii) resulted in either the completion of:
6 (A) a UF-250 form, a stop, question and frisk report worksheet; or
7 (B) a Form 61 complaint in which the SQF section was completed and
8 resulted in a qualified arrest.
9 (b) "Qualified arrest" shall mean an arrest for any of the following
10 offenses:
11 (i) resisting arrest pursuant to section 205.30 of the penal law;
12 (ii) disorderly conduct pursuant to section 240.20 of the penal law;
13 (iii) criminal possession of a weapon pursuant to sections 265.01,
14 265.02, 265.03 and 265.04 of the penal law; and
15 (iv) offenses involving marihuana pursuant to article two hundred
16 twenty-one of the penal law.
17 2. The division of criminal justice services, in conjunction with the
18 New York city police department shall establish an automatic expunction
19 system to expunge official and unofficial records of all voidable stops.
20 Such expunction shall include but not be limited to any convictions and
21 all records pertaining to such stop including UF-250 form information,
22 any and all records of arrest, investigation including computer data-
23 bases, and records of detention pursuant to such voidable stop and/or
24 qualified arrest, fingerprints, photographs, DNA samples, physical meas-
25 urements, or any other record of identification.
26 3. Such automatic expunction system shall include:
27 (a) an automatic certification process that shall notify any individ-
28 ual at their last known address of such expunction; and
29 (b) an automatic notification mechanism for all licensing agencies to
30 notify such that such expunctions have occurred and no individual shall
31 be adversely affected by such voidable stop and/or qualified arrest.
32 4. (a) Any individual who knowingly fails to expunge or obliterate, or
33 who releases information ordered expunged, is guilty of a class A misde-
34 meanor. An individual, who, knowing the records are expunged, uses the
35 information for financial gain, or willful destruction of a person's
36 character is guilty of a class D felony.
37 (b) A penalty of thirty thousand dollars shall be assessed upon the
38 New York city police department every month such department fails to
39 comply with subdivision five of this section. Such penalty shall be
40 deposited in the indigent legal services fund established under section
41 ninety-eight-b of the state finance law.
42 (c) Should the division of criminal justice services or the New York
43 city police department negligently disseminate any official or unoffi-
44 cial record described under subdivision two of this section, any indi-
45 vidual adversely affected by such dissemination may, in a court having
46 jurisdiction, bring a civil action in which a civil penalty may be
47 assessed upon such division or department.
48 5. All expunctions, certifications and notifications required under
49 this section shall be completed within one year of the effective date of
50 this section.
51 § 3. This act shall take effect on the sixtieth day after it shall
52 have become a law; provided, however, that effective immediately, the
53 addition, amendment and/or repeal of any rule or regulation necessary
54 for the implementation of this act on its effective date are authorized
55 and directed to be made and completed on or before such effective date.