New York S 895: Relates to prohibiting illegal drug use and authorizing random drug testing of individuals receiving public assistance

Bill Text

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S00895 Summary:

BILL NOS00895 

&nbsp

SAME ASSAME AS A06873

&nbsp

SPONSORSEPULVEDA

&nbsp

COSPNSRBRISPORT, RIVERA

&nbsp

MLTSPNSR

&nbsp

Add §160.61, CP L

&nbsp

Provides for the automatic expungement of records of arrest in certain situations.

Go to top S00895 Actions:

BILL NOS00895 

&nbsp

01/08/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS00895 Committee&nbspVotes:

Go to topS00895 Floor&nbspVotes:

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

Go to topS00895 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 895

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by Sen. SEPULVEDA -- 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 automatic
 expungement of arrest records

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

 1 Section 1. The criminal procedure law is amended by adding a new
 2 section 160.61 to read as follows:
 3 § 160.61 Automatic expungement of records of arrest.
 4 1. In any jurisdiction in which an arrest occurred where such arrest
 5 is voidable, a court which had jurisdiction, or would have had jurisdic-
 6 tion over the matter had such arrest not been voidable shall issue an
 7 order expunging any and all records, pursuant to such arrest not later
 8 than thirty days after the date on which such arrest becomes a voidable
 9 arrest. For purposes of this subdivision, the term "voidable arrest"
 10 means any arrest resulting in the following:
 11 (a) the individual was released without the filing of formal charges;
 12 (b) a determination was made that the arrest was without probable
 13 cause; or
 14 (c) the dismissal of proceedings against the individual.
 15 2. (a) When an order is issued for the expungement of records pursuant
 16 to this section, the heads of all appropriate police departments,
 17 prosecutor's offices and law enforcement agencies shall be notified by
 18 the court that all records of or relating to any such arrest be imme-
 19 diately expunged as follows:
 20 (i) every photograph of such person and photographic plate or proof,
 21 and all palmprints, fingerprints and retina scans made of such person
 22 pursuant to the provisions of this article, and all duplicates and
 23 copies thereof, except a digital fingerprint image where authorized
 24 pursuant to subparagraph (iv) of this paragraph, shall forthwith be

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02262-01-5

 S. 895 2

 1 destroyed by any police department, prosecutor's office or law enforce-
 2 ment agency having any such photograph, photographic plate, fingerprints
 3 or retina scans under its possession or control;
 4 (ii) any police department, prosecutor's office or law enforcement
 5 agency, including the division of criminal justice services, which tran-
 6 smitted or otherwise forwarded to any agency of the United States or any
 7 other state or jurisdiction outside the state of New York copies of any
 8 such photographs, photographic plates or proofs, palmprints, finger-
 9 prints or retina scans shall forthwith formally inform such agency in
 10 writing that the matter has been expunged and request in writing that
 11 all such copies be destroyed or returned to any such department, office
 12 or agency in the state of New York;
 13 (iii) all official records and papers, including judgments for and
 14 orders of a court but not including public court decisions or opinions
 15 or records or briefs relating to the arrest, including any duplicates
 16 and copies thereof on file with any court, police department,
 17 prosecutor's office or law enforcement agency shall be marked as
 18 expunged and sealed and not be made available to, or used for, any
 19 purpose not explicitly authorized by law by any person or public or
 20 private agency; and
 21 (iv) where fingerprints subject to the provisions of this section have
 22 been received by the division of criminal justice services and have been
 23 filed by the division as digital images, such images may be retained,
 24 provided that a fing