New York S 7452: Relates to the establishment and powers and duties of the council on children and families

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S07452 Summary:

BILL NOS07452 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORHOYLMAN-SIGAL

&nbsp

COSPNSR

&nbsp

MLTSPNSR

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Amd §§160.58, 170.55 & 170.56, CP L

&nbsp

Relates to orders of adjournment in contemplation of dismissal by mandating that judges seal certain records of defendants rather than giving judge's discretion for such an action; limits the total period of adjournment to 90 days.

Go to top S07452 Actions:

BILL NOS07452 

&nbsp

04/16/2025REFERRED TO CODES

Go to topS07452 Committee&nbspVotes:

Go to topS07452 Floor&nbspVotes:

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

Go to topS07452 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 7452

 2025-2026 Regular Sessions

 IN SENATE

 April 16, 2025
 ___________

 Introduced by Sen. HOYLMAN-SIGAL -- 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 orders of
 adjournment in contemplation of dismissal and sealing of defendant
 records

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

 1 Section 1. Subdivision 1 of section 160.58 of the criminal procedure
 2 law, as added by section 3 of part AAA of chapter 56 of the laws of
 3 2009, is amended to read as follows:
 4 1. A defendant convicted of any offense defined in article two hundred
 5 twenty [or two hundred twenty-one] of the penal law or a specified
 6 offense defined in subdivision five of section 410.91 of this chapter
 7 who has successfully completed a judicial diversion program under arti-
 8 cle two hundred sixteen of this chapter, or one of the programs hereto-
 9 fore known as drug treatment alternative to prison or another judicially
 10 sanctioned drug treatment program of similar duration, requirements and
 11 level of supervision, and has completed the sentence imposed for the
 12 offense or offenses, [is eligible to] shall have such offense or
 13 offenses sealed pursuant to this section.
 14 § 2. Subdivision 2 of section 160.58 of the criminal procedure law, as
 15 added by section 3 of part AAA of chapter 56 of the laws of 2009, is
 16 amended to read as follows:
 17 2. The court that sentenced the defendant to a judicially sanctioned
 18 drug treatment program [may on its own motion, or on the defendant's
 19 motion,] shall order that all official records and papers relating to
 20 the arrest, prosecution and conviction which resulted in the defendant's
 21 participation in the judicially sanctioned drug treatment program be
 22 conditionally sealed. In such case, the court may also conditionally
 23 seal the arrest, prosecution and conviction records for no more than
 24 [three] five of the defendant's prior [eligible] misdemeanors, [which

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08034-01-5

 S. 7452 2

 1 for purposes of this subdivision shall be limited to misdemeanor
 2 offenses defined in article two hundred twenty or two hundred twenty-one
 3 of the penal law. The court may only seal the records of the defend-
 4 ant's arrests, prosecutions and convictions when] provided that a misde-
 5 meanor for which registration as a sex offender is required shall not be
 6 sealed pursuant to this section. The court may seal such records when:
 7 (a) the sentencing court has requested and received from the division
 8 of criminal justice services or the Federal Bureau of Investigation a
 9 fingerprint based criminal history record of the defendant, including
 10 any sealed or suppressed information. The division of criminal justice
 11 services shall also include a criminal history report, if any, from the
 12 Federal Bureau of Investigation regarding any criminal history informa-
 13 tion that occurred in other jurisdictions. The division is hereby
 14 authorized to receive such information from the Federal Bureau of Inves-
 15 tigation for this purpose. The parties shall be permitted to examine
 16 these records;
 17 (b) the defendant or court has identified the misdemeanor conviction
 18 or convictions for which relief may be granted;
 19 (c) the court has received documentation that