|SAME AS||SAME AS S03809|
|COSPNSR||Crespo, Zebrowski, Barron, Blake, Jaffee, De La Rosa, Rosenthal L, Hyndman, Jean-Pierre, Mosley, Sepulveda, Taylor, Walker, Lupardo, Simon, Wright, Espinal|
|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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STATE OF NEW YORK ________________________________________________________________________ 2142 2017-2018 Regular Sessions IN ASSEMBLY January 17, 2017 ___________ Introduced by M. of A. PEOPLES-STOKES -- read once and referred 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 26 sole controlled substance involved is marijuana; and (iii) the 27 conviction was only for a violation or violations[ ; and (iv) at least28 three years have passed since the offense occurred] of section 221.10 of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05532-01-7A. 2142 2 1 the penal law provided, however, that the record of such conviction does 2 not demonstrate a conviction under subdivision two of such section 3 221.10, or for a petty offense or offenses. No defendant shall be 4 required or permitted to waive eligibility for sealing pursuant to this 5 paragraph as part of a plea of guilty, sentence or any agreement related 6 to a conviction for a violation of section 221.05 or section 221.10 of 7 the penal law and any such waiver shall be deemed void and wholly unen- 8 forceable. 9 § 3. Section 160.50 of the criminal procedure law is amended by adding 10 three new subdivisions 5, 6 and 7 to read as follows: 11 5. A person convicted of a violation of section 221.10 of the penal 12 law, other than a conviction after trial of, or plea of guilty to, 13 subdivision two of such section 221.10, prior to the effective date of 14 this subdivision may upon motion apply to the court in which such termi- 15 nation occurred, upon not less than twenty days notice to the district 16 attorney, for an order granting to such person the relief set forth in 17 subdivision one of this section, and such order shall be granted unless 18 the district attorney demonstrates that the interests of justice require 19 otherwise. 20 6. (a) Notwithstanding any other provision of law except as provided 21 in paragraph (d) of subdivision one of this section and paragraph (e) of 22 subdivision four of section eight hundred thirty-seven of the executive 23 law: (i) when the division of criminal justice services conducts a 24 search of its criminal history records, maintained pursuant to subdivi- 25 sion six of section eight hundred thirty-seven of the executive law, and 26 returns a report thereon, all references to a conviction for a violation 27 of section 221.10 of the penal law, other than a conviction after trial 28 of, or plea of guilty to, subdivision two of such section 221.10, shall 29 be excluded from such report; and (ii) the chief administrator of the 30 courts shall develop and promulgate rules as may be necessary to ensure 31 that no written or electronic report of a criminal history record search 32 conducted by the office of court administration contains information 33 relating to a conviction for a violation of section 221.10 of the penal 34 law, other than a conviction after trial of, or plea of guilty to, 35 subdivision two of such section 221.10, unless such search is conducted 36 solely for a bona fide research purpose, provided that such information, 37 if so disseminated, shall be disseminated in accordance with procedures 38 established by the chief administrator of the courts to assure the secu- 39 rity and privacy of identification and information data, which shall 40 include the execution of an agreement which protects the confidentiality 41 of the information and reasonably protects against data linkage to indi- 42 viduals. 43 (b) Nothing contained in this subdivision shall be deemed to permit or 44 require the release, disclosure or other dissemination by the division 45 of criminal justice services or the office of court administration of 46 criminal history record information that has been sealed in accordance 47 with law. 48 7. A person convicted of a violation of section 221.05 of the penal 49 law shall, on the effective date of this subdivision, have such 50 conviction immediately sealed pursuant to subdivision one of this 51 section if such conviction occurred less than three years prior to such 52 effective date. 53 § 4. This act shall take effect on the sixtieth day after it shall 54 have become a law.