New York S 340: Relates to school district unexpended surplus funds

Bill Text

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S00340 Summary:

BILL NOS00340 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORBAILEY

&nbsp

COSPNSRKRUEGER, PARKER, SANDERS

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MLTSPNSR

&nbsp

Add §160.65, CP L; amd §296, Exec L

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Permits the sealing of records of certain nonviolent misdemeanor or non-sexual misdemeanor criminal offenses; defines the term "eligible misdemeanor"; excludes certain misdemeanor offenses as eligible misdemeanors for the purposes of conditional sealing; lists certain eligibility requirements for sealing; provides an order granting sealing under this section shall restore the individual concerned, in the contemplation of the laws, to the status such individual occupied before the arrest or institution of criminal proceedings for the crime that was the subject of the sealing.

Go to top S00340 Actions:

BILL NOS00340 

&nbsp

01/08/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS00340 Committee&nbspVotes:

Go to topS00340 Floor&nbspVotes:

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

Go to topS00340 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 340

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by Sens. BAILEY, KRUEGER, PARKER, SANDERS -- 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 permitting the sealing of records of certain nonviolent
 misdemeanor or non-sexual misdemeanor offenses

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

 1 Section 1. This act shall be known and may be cited as the "second
 2 chance for ex-offenders act".
 3 § 2. The criminal procedure law is amended by adding a new section
 4 160.65 to read as follows:
 5 § 160.65 Conditional sealing of certain misdemeanor offenses.
 6 1. For the purposes of this section, the term "eligible misdemeanor"
 7 shall be a misdemeanor offense defined in the penal law, provided that
 8 an eligible misdemeanor shall not include any sex offense as defined
 9 under subdivision two of section one hundred sixty-eight-a of the
 10 correction law.
 11 2. A person having a conviction for no more than three misdemeanors,
 12 who does not stand convicted of any felony, or who is not required to
 13 maintain registration under article six-C of the correction law, may
 14 petition the court to conditionally seal up to three eligible misdemea-
 15 nors when:
 16 (a) at least five years have passed since the completion of a sentence
 17 on an eligible misdemeanor; and
 18 (b) such person has not been convicted of a crime during the last five
 19 years and is not the subject of an undisposed arrest.
 20 3. The petition authorized by this section shall be filed in the court
 21 of record that last imposed a sentence upon petitioner for an eligible
 22 misdemeanor. On the defendant's motion, the court may order that all

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00240-01-5

 S. 340 2

 1 official records and papers relating to the arrest, prosecution and
 2 conviction records for no more than three of the defendant's prior
 3 eligible misdemeanors be conditionally sealed. The court may only seal
 4 the records of the defendant's arrests, prosecutions and convictions
 5 when:
 6 (a) the sentencing court has requested and received from the division
 7 of criminal justice services or the federal bureau of investigation a
 8 fingerprint based criminal history record of the defendant, including
 9 any sealed or suppressed information. The division of criminal justice
 10 services shall also include a criminal history report, if any, from the
 11 federal bureau of investigation regarding any criminal history informa-
 12 tion that occurred in other jurisdictions. The division is hereby
 13 authorized to receive such information from the federal bureau of inves-
 14 tigation for this purpose. The parties shall be permitted to examine
 15 these records;
 16 (b) the defendant or court has identified the misdemeanor conviction
 17 or convictions for which relief may be granted;
 18 (c) the court has received documentation that the sentences imposed on
 19 t