New York A 7131: Relates to calculating the final average salary for members of the New York state and local police and fire retirement system

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A07131 Summary:

BILL NOA07131 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORBichotte Hermelyn

&nbsp

COSPNSRShimsky, Glick, Levenberg, Tapia, Kassay

&nbsp

MLTSPNSR

&nbsp

Add §160.53, CP L

&nbsp

Requires expunction of records resulting from identity theft or mistaken identity.

Go to top A07131 Actions:

BILL NOA07131 

&nbsp

03/20/2025referred to codes

01/07/2026referred to codes

Go to topA07131 Committee&nbspVotes:

Go to topA07131 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA07131 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 7131

 2025-2026 Regular Sessions

 IN ASSEMBLY

 March 20, 2025
 ___________

 Introduced by M. of A. BICHOTTE HERMELYN, SHIMSKY, GLICK, LEVENBERG --
 read once and referred to the Committee on Codes

 AN ACT to amend the criminal procedure law, in relation to expunction of
 records resulting from identity theft or mistaken identity

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The criminal procedure law is amended by adding a new
 2 section 160.53 to read as follows:
 3 § 160.53 Order upon termination of criminal action in favor of the
 4 accused as a result of identity theft or mistaken identity.
 5 1. For purposes of this section, the term "mistaken identity" means
 6 the erroneous arrest of a person for a crime as a result of misidentifi-
 7 cation by a witness or law enforcement, confusion on the part of a
 8 witness or law enforcement as to the identity of the person who commit-
 9 ted the crime, misinformation provided to law enforcement as to the
 10 identity of the person who committed the crime, or some other mistake on
 11 the part of a witness or law enforcement as to the identity of the
 12 person who committed the crime.
 13 2. For purposes of this section, the term "law enforcement agency"
 14 means the department of attorney general, the superintendent of the
 15 state police or the superintendent's designee, police officers, the
 16 division of criminal justice services, a federal, state or local law
 17 enforcement agency or police organization, and any agency, department,
 18 or bureau of the United States government which has as one of its func-
 19 tions the gathering of intelligence data.
 20 3. For purposes of this section, the term "expunction of all official
 21 records" means and includes, but is not limited to, any fingerprint,
 22 photograph, DNA samples, physical measurements, or other record of iden-
 23 tification, heretofore or hereafter taken by or under the direction of a
 24 law enforcement agency or any other officer authorized by the laws of
 25 this state, of a person under arrest.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD10968-01-5

 A. 7131 2

 1 4. If any person is named in a charge or arrested for any infraction
 2 or crime as a result of another person using the identifying information
 3 of the named person or mistaken identity, and the charge against the
 4 named person is dismissed, the prosecutor or other judicial officer or
 5 law enforcement agency who ordered the dismissal shall provide notice to
 6 the court of the dismissal. The court shall then:
 7 (a) order the expunction of all official records containing any
 8 entries relating to the person's apprehension, charge, or trial;
 9 (b) notify the person arrested that the charge was dismissed or that
 10 no charges have been filed and that all official records have been
 11 expunged; and
 12 (c) order that the said entries shall be expunged from the records of
 13 the court and direct all law enforcement agencies, the department of
 14 corrections and community supervision, the department of motor vehicles,
 15 or any other state or local government agencies identified by the peti-
 16 tioner, or the person eligible for automatic expungement under this
 17 subdivision, as bearing record of the same to expunge their records of
 18 the entries. The clerk shall notify state and local agencies, including,
 19 but not limited to, the division of criminal justice services, the
 20 national crime information identity center and/or any other state or
 21 federal agency which compiles, retains or col