New York A 3042: Modifies the effect of termination of criminal actions and proceedings against a minor

Bill Text

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A03042 Summary:

BILL NOA03042 

&nbsp

SAME ASSAME AS S02297

&nbsp

SPONSORDilan

&nbsp

COSPNSRGonzalez-Rojas, Davila, Reyes, Dais

&nbsp

MLTSPNSR

&nbsp

Amd §160.60, CP L

&nbsp

Provides for the expungement of certain records following the termination of criminal actions and proceedings against certain minors.

Go to top A03042 Actions:

BILL NOA03042 

&nbsp

01/23/2025referred to codes

01/07/2026referred to codes

Go to topA03042 Committee&nbspVotes:

Go to topA03042 Floor&nbspVotes:

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

Go to topA03042 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3042

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 23, 2025
 ___________

 Introduced by M. of A. DILAN -- read once and referred to the Committee
 on Codes

 AN ACT to amend the criminal procedure law, in relation to the effect of
 termination of criminal actions and proceedings against a minor

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

 1 Section 1. Section 160.60 of the criminal procedure law, as amended by
 2 chapter 877 of the laws of 1976, is amended to read as follows:
 3 § 160.60 Effect of termination of criminal actions in favor of the
 4 accused.
 5 1. Upon the termination of a criminal action or proceeding against a
 6 person in favor of such person, as defined in subdivision [two] three of
 7 section 160.50 of this [chapter] article, the arrest and prosecution
 8 shall be deemed a nullity and the accused shall be restored, in contem-
 9 plation of law, to the status [he] such person occupied before the
 10 arrest and prosecution. The arrest or prosecution shall not operate as a
 11 disqualification of any person so accused to pursue or engage in any
 12 lawful activity, occupation, profession, or calling. Except where
 13 specifically required or permitted by statute or upon specific authori-
 14 zation of a superior court, no such person shall be required to divulge
 15 information pertaining to the arrest or prosecution.
 16 2. Upon the termination of a criminal action or proceeding against a
 17 minor pursuant to section 160.50 of this article, all photographs, fing-
 18 erprints, palmprints, and arrest records related to such action or
 19 proceeding shall be expunged only if such minor has no prior arrest
 20 record. For purposes of this article, "minor" shall have the same mean-
 21 ing as juvenile offender as defined by subdivision forty-two of section
 22 1.20 of this chapter.
 23 § 2. This act shall take effect immediately.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03914-01-5

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