Prohibits the division of criminal justice services from disclosing pending orders of adjournment in contemplation of dismissal on civil records of arrests and prosecutions.
STATE OF NEW YORK
________________________________________________________________________
7422
2021-2022 Regular Sessions
IN SENATE
October 6, 2021
___________
Introduced by Sen. SERRANO -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the executive law, in relation to prohibiting the divi-
sion of criminal justice services from disclosing pending orders of
adjournment in contemplation of dismissal on civil records of arrests
and prosecutions
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 845-d of the executive law, as
2 added by section 1 of subpart N of part II of chapter 55 of the laws of
3 2019, is amended to read as follows:
4 1. When, pursuant to statute or the regulations of this division, the
5 division conducts a search of its criminal history records for civil
6 purposes, and returns a report therein, it shall only report any [crimi-
7 nal convictions] conviction of a crime, and any criminal arrests and
8 accompanying criminal actions which are pending. A criminal arrest and
9 accompanying criminal action which have been followed by an adjournment
10 in contemplation of dismissal pursuant to section 170.55, 170.56,
11 210.46, 210.47 or 215.10 of the criminal procedure law shall not be
12 considered pending for civil purposes unless the order to adjourn in
13 contemplation of dismissal is revoked and the case is restored to the
14 calendar for further prosecution.
15 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11735-01-1
