New York A 3099: Relates to an order upon termination of criminal action in favor of the accused

Bill Text

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A03099 Summary:

BILL NOA03099 

&nbsp

SAME ASNo Same As

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SPONSORDilan

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COSPNSRDavila, Reyes

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MLTSPNSR

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Amd §160.50, CP L

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Relates to an order upon termination of criminal action in favor of the accused.

Go to top A03099 Actions:

BILL NOA03099 

&nbsp

01/23/2025referred to codes

01/07/2026referred to codes

Go to topA03099 Committee&nbspVotes:

Go to topA03099 Floor&nbspVotes:

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

Go to topA03099 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3099

 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 termination
 of criminal action in favor of the accused

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

 1 Section 1. Section 160.50 of the criminal procedure law is amended by
 2 adding a new subdivision 6 to read as follows:
 3 6. (a) When a criminal record maintained by the division of criminal
 4 justice services pursuant to subdivision six of section eight hundred
 5 thirty-seven of the executive law contains information about an arrest
 6 dated after January first, two thousand twenty-seven, but the criminal
 7 record contains no docket number or other information about the arrest,
 8 the division, no later than six months after the date of arrest, shall
 9 send a notice to the prosecutor's office, the clerk of the court of the
 10 local criminal court wherein the arrest would be prosecuted, the office
 11 of court administration, the police department or law enforcement agency
 12 which transmitted the fingerprints of the person to the division of
 13 criminal justice services, the department of correctional services and
 14 the local correctional facility. Such notice shall inform such entities
 15 that the arrest will be considered terminated in favor of such person
 16 and sealed in a manner consistent with subdivision three of this
 17 section, sixty days from transmission of said notification, if the divi-
 18 sion of criminal justice services does not receive information that a
 19 criminal investigation or prosecution is proceeding. If after sixty days
 20 the division of criminal justice services receives no information that a
 21 criminal investigation or prosecution is proceeding, the arrest shall be
 22 considered terminated in favor of such person and be sealed in accord-
 23 ance with this paragraph, and the division of criminal justice services
 24 shall send notice of such sealing to such entities. Upon such notifica-
 25 tion, all official records and papers relating to the arrest, including

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06793-01-5

 A. 3099 2

 1 all duplicates and copies thereof on file with such entities shall be
 2 sealed and not made available to any person or public or private agen-
 3 cies. For arrests that occurred prior to January first, two thousand
 4 twenty-seven, such notice shall be transmitted by the division upon
 5 request of the person accused or such person's designated agent.
 6 (b) When a criminal record maintained by the division of criminal
 7 justice services pursuant to subdivision six of section eight hundred
 8 thirty-seven of the executive law indicates that an accusatory instru-
 9 ment has been filed on a case after January first, two thousand twenty-
 10 seven, the last action of the case has not been the issuance of a bench
 11 warrant, no action has been taken on the case for a year, and no dispo-
 12 sition has been recorded, the division, no later than two years after
 13 the date of last action on the case, shall send a notice to the
 14 prosecutor's office, the clerk of the court of the court where the accu-
 15 satory instrument was filed, the office of court administration, the
 16 police department or law enforcement agency which transmitted the fing-
 17 erprints of the person to the division of criminal justice services, the
 18 department of correctional services and the local correctional facility.
 19 Such notice shall inform such entities that the d