New York S 4002: Relates to establishing an automatic expunction system for certain records

Bill Text

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S04002 Summary:

BILL NOS04002 

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SAME ASSAME AS A04962

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SPONSORPARKER

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COSPNSR

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MLTSPNSR

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Add §160.65, CP L

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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.

Go to top S04002 Actions:

BILL NOS04002 

&nbsp

01/31/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS04002 Committee&nbspVotes:

Go to topS04002 Floor&nbspVotes:

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

Go to topS04002 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4002

 2025-2026 Regular Sessions

 IN SENATE

 January 31, 2025
 ___________

 Introduced by Sen. PARKER -- 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 this title.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07134-01-5

 S. 4002 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 (c) "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 the former article two
 16 hundred 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 sh