New York S 9828: Relates to the former crime of loitering for the purpose of engaging in a prostitution offense and expunges criminal records for persons previously convicted of such crime

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S09828 Summary:

BILL NOS09828 

&nbsp

SAME ASSAME AS A00588

&nbsp

SPONSORSALAZAR

&nbsp

COSPNSRPARKER

&nbsp

MLTSPNSR

&nbsp

Amd §§160.50 & 170.80, CP L

&nbsp

Relates to the former crime of loitering for the purpose of engaging in a prostitution offense; expunges criminal records for persons previously convicted of such crime; directs the chief administrator of the courts to provide information regarding such expungement; adds language to identify that the crime of loitering for the purpose of engaging in a prostitution offense is no longer in law.

Go to top S09828 Actions:

BILL NOS09828 

&nbsp

04/07/2026REFERRED TO CODES

Go to topS09828 Committee&nbspVotes:

Go to topS09828 Floor&nbspVotes:

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

Go to topS09828 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9828

 IN SENATE

 April 7, 2026
 ___________

 Introduced by Sen. SALAZAR -- 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 the former
 crime of loitering for the purpose of engaging in a prostitution
 offense and expunging criminal records for persons previously
 convicted of such crime

 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) A conviction for an offense described in former section 240.37
 4 of the penal law as such section was in effect on February first, two
 5 thousand twenty-one shall, on and after the effective date of this
 6 subdivision, in accordance with the provisions of this paragraph, be
 7 vacated and dismissed, and all records of such conviction or convictions
 8 and related to such conviction or convictions shall be expunged, as
 9 described in subdivision forty-five of section 1.20 of this chapter, and
 10 the matter shall be considered terminated in favor of the accused and
 11 deemed a nullity, having been rendered by this paragraph legally inval-
 12 id. All such records for an offense described in this paragraph where
 13 the conviction was entered on or before the effective date of the chap-
 14 ter of the laws of two thousand twenty-five that added this subdivision
 15 shall be expunged promptly and, in any event, no later than one year
 16 after such effective date.
 17 (b) Commencing upon the effective date of this subdivision:
 18 (i) the chief administrator of the courts shall promptly notify the
 19 commissioner of the division of criminal justice services and the heads
 20 of all appropriate police departments, district attorney's offices and
 21 other law enforcement agencies of all convictions that have been vacated
 22 and dismissed pursuant to paragraph (a) of this subdivision and that all
 23 records related to such convictions shall be expunged and the matter
 24 shall be considered terminated in favor of the accused and deemed a
 25 nullity, having been rendered legally invalid. Upon receipt of notifi-
 26 cation of such vacatur, dismissal and expungement, all records relating

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02100-01-5

 S. 9828 2

 1 to such conviction or convictions, or the criminal action or proceeding,
 2 as the case may be, shall be marked as expunged by conspicuously indi-
 3 cating on the face of the record and on each page or at the beginning of
 4 the digitized file of the record that the record has been designated as
 5 expunged. Upon the written request of the individual whose case has been
 6 expunged or their designated agent, such records shall be destroyed.
 7 Such records and papers shall not be made available to any person,
 8 except the individual whose case has been expunged or such person's
 9 designated agent; and
 10 (ii) where automatic vacatur, dismissal, and expungement, including
 11 record destruction if requested, is required by this subdivision but any
 12 record of the court system in this state has not yet been updated to
 13 reflect same:
 14 (A) notwithstanding any other provision of law except as provided in
 15 paragraph (d) of subdi