New York S 2552: Enacts the "sunshine in litigation act" regarding protective orders

Bill Text

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S02552 Summary:

BILL NOS02552 

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SAME ASNo Same As

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SPONSORMYRIE

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COSPNSR

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MLTSPNSR

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Add §160.56, CP L; amd §837, Exec L

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Requires automatic sealing of certain misdemeanor records; provides exceptions thereto; requires the division of criminal justice services to publish statistics on automatic sealing of certain records.

Go to top S02552 Actions:

BILL NOS02552 

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01/21/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS02552 Committee&nbspVotes:

Go to topS02552 Floor&nbspVotes:

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

Go to topS02552 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 2552

 2025-2026 Regular Sessions

 IN SENATE

 January 21, 2025
 ___________

 Introduced by Sen. MYRIE -- read twice and ordered printed, and when
 printed to be committed to the Committee on Codes

 AN ACT to amend the criminal procedure law and the executive law, in
 relation to automatic sealing of certain misdemeanor records

 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 160.56 to read as follows:
 3 § 160.56 Automatic sealing of certain misdemeanor records.
 4 1. As used in this section, "eligible offense" shall mean any misde-
 5 meanor crime defined in the laws of this state other than a sex offense
 6 defined in article one hundred thirty of the penal law, or an offense
 7 for which registration as a sex offender is required pursuant to article
 8 six-C of the correction law. For the purposes of this section, where an
 9 individual is convicted of more than one eligible offense committed as
 10 part of the same criminal transaction as defined in subdivision two of
 11 section 40.10 of this chapter, such offenses shall be considered one
 12 eligible offense.
 13 2. Where an individual has been convicted in New York state of no more
 14 than two eligible offenses and ten years have passed since the imposi-
 15 tion of the sentence on an individual's latest criminal conviction in
 16 New York state, all official records and papers relating to the arrests,
 17 prosecutions, and convictions of such offenses, including all duplicates
 18 and copies thereof on file with the division of criminal justice
 19 services or any court, shall be sealed and not made available to any
 20 person or public or private agency except as provided in subdivision
 21 four of this section; provided, however, the division shall retain any
 22 fingerprints, palmprints and photographs, or digital images of the
 23 same. The commissioner of the division of criminal justice services
 24 shall immediately notify the office of court administration, the clerk
 25 of such court where the individual was convicted, and the heads of all

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06789-01-5

 S. 2552 2

 1 appropriate police departments and other law enforcement agencies
 2 regarding the records that shall be sealed pursuant to this section. In
 3 calculating the ten year period under this subdivision, any period of
 4 time during which the person was incarcerated shall be excluded and such
 5 ten year period shall be extended by a period equal to the time served
 6 under such incarceration.
 7 3. Sealing of records pursuant to subdivision two of this section
 8 shall not apply to the records of any individual where such individual:
 9 (a) is required to register as a sex offender pursuant to article
 10 six-C of the correction law;
 11 (b) has previously obtained sealing of the maximum number of
 12 convictions allowable under section 160.58 of this article;
 13 (c) has previously obtained sealing of the maximum number of
 14 convictions allowable under subdivision two of this section;
 15 (d) has an undisposed arrest or charge pending in New York state;
 16 (e) was convicted of any crime in New York state after the date of the
 17 entry of judgment of the last conviction for which sealing is sought;
 18 (f) has been convicted of any crime in New York state that is not an
 19 eligible offense; or
 20 (g) has been convicted of more than two crimes in New York state.
 21 4