New York S 4759: Relates to undisposed cases

Bill Text

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S04759 Summary:

BILL NOS04759 

&nbsp

SAME ASSAME AS A05521

&nbsp

SPONSORBAILEY

&nbsp

COSPNSRGOUNARDES, JACKSON, KRUEGER, MYRIE, RAMOS, SALAZAR

&nbsp

MLTSPNSR

&nbsp

Add §845-f, Exec L; amd §212, Judy L

&nbsp

Provides that when the division of criminal justice services conducts a search of its criminal history records and returns a report thereon, all references to undisposed cases shall be excluded.

Go to top S04759 Actions:

BILL NOS04759 

&nbsp

02/12/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS04759 Committee&nbspVotes:

Go to topS04759 Floor&nbspVotes:

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

Go to topS04759 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4759

 2025-2026 Regular Sessions

 IN SENATE

 February 12, 2025
 ___________

 Introduced by Sens. BAILEY, GOUNARDES, JACKSON, KRUEGER, MYRIE, RAMOS,
 SALAZAR -- read twice and ordered printed, and when printed to be
 committed to the Committee on Codes

 AN ACT to amend the executive law and the judiciary law, in relation to
 providing that criminal history records excludes unresolved cases

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

 1 Section 1. The executive law is amended by adding a new section 845-f
 2 to read as follows:
 3 § 845-f. Criminal history record searches; undisposed cases. 1. When,
 4 pursuant to statute or the regulations of the division, the division
 5 conducts a search of its criminal history records and returns a report
 6 thereon, all references to undisposed cases contained in such criminal
 7 history record shall be excluded from such report.
 8 2. For purposes of this section, "undisposed case" shall mean a crimi-
 9 nal action or proceeding, or an arrest incident, identified in the divi-
 10 sion's criminal history records for which no conviction, imposition of
 11 sentence, order of removal or other final disposition, other than the
 12 issuance of an apparently unexecuted warrant, has been recorded and with
 13 respect to which no entry has been made in the division's criminal
 14 history records for a period of at least five years preceding the issu-
 15 ance of such report.
 16 3. The provisions of subdivision one of this section shall not apply
 17 to criminal history record information (a) provided by the division to
 18 qualified agencies pursuant to subdivision six of section eight hundred
 19 thirty-seven of this article, or to federal or state law enforcement
 20 agencies, for criminal justice purposes; (b) prepared solely for a bona
 21 fide research purpose; or (c) prepared for the internal recordkeeping or
 22 case management purposes of the division.
 23 4. Nothing contained in this section shall be deemed to permit or
 24 require the release, disclosure or other dissemination by the division

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06554-01-5

 S. 4759 2

 1 of criminal history record information that has been sealed in accord-
 2 ance with law.
 3 § 2. Subdivision 2 of section 212 of the judiciary law is amended by
 4 adding a new paragraph (ff) to read as follows:
 5 (ff) Take such actions and adopt such measures as may be necessary to
 6 ensure that no written or electronic report of a criminal history record
 7 search conducted by the office of court administration, other than a
 8 search conducted solely for the internal recordkeeping or case manage-
 9 ment purposes of the judiciary or for a bona fide research purpose,
 10 contains information relating to an undisposed case. For purposes of
 11 this paragraph, "undisposed case" shall mean a criminal action or
 12 proceeding, or an arrest incident, appearing in the criminal history
 13 records of the office of court administration for which no conviction,
 14 imposition of sentence, order of removal or other final disposition,
 15 other than the issuance of an apparently unexecuted warrant, has been
 16 recorded and with respect to which no entry has been made in such
 17 records for a period of at least five years preceding the issuance of
 18 such report. Nothing contained in this paragraph shall be deemed to
 19 permit or require the release, disclosure or other di