New York S 6492: Enacts the "Peconic Bay region community housing act"

Status: SUBSTITUTED BY A2633 (as of 2021-06-10)

State: New York · Session: 2021-2022 · Bill: S 6492

Sponsors: PALUMBO

Bill Text

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S06492 Summary:

BILL NOS06492 

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SAME ASSAME AS A10951

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SPONSORMYRIE

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COSPNSR

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MLTSPNSR

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Amd §160.57, CP L

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Makes technical corrections to the clean slate law to correct issues relating to multicategory conviction dockets and the conviction-specific supervision prohibitor.

Go to top S06492 Actions:

BILL NOS06492 

&nbsp

03/14/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS06492 Committee&nbspVotes:

Go to topS06492 Floor&nbspVotes:

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

Go to topS06492 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 6492

 2025-2026 Regular Sessions

 IN SENATE

 March 14, 2025
 ___________

 Introduced by Sen. MYRIE -- 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 making tech-
 nical corrections to the clean slate law to correct issues relating to
 multicategory conviction dockets and the conviction-specific super-
 vision prohibitor

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

 1 Section 1. Paragraph (b) of subdivision 1 of section 160.57 of the
 2 criminal procedure law, as added by chapter 631 of the laws of 2023, is
 3 amended to read as follows:
 4 (b) Criminal convictions shall be sealed upon satisfaction of the
 5 following conditions:
 6 (i) for a misdemeanor conviction, at least three years have passed
 7 from the defendant's release from incarceration or the imposition of
 8 sentence if there was no sentence of incarceration. If the defendant is
 9 subsequently convicted of a crime before a prior conviction is sealed
 10 pursuant to this section, the calculation of time for such prior
 11 conviction shall start upon the same date as the time calculation starts
 12 for the subsequent criminal conviction;
 13 (ii) for a felony conviction, at least eight years have passed from
 14 the date the defendant was last released from incarceration for the
 15 sentence of the conviction eligible for sealing or from the imposition
 16 of sentence if there was no sentence of incarceration. A defendant's
 17 detention for an alleged violation of parole or post-release supervision
 18 shall not interfere with the time calculation prescribed herein unless
 19 and until supervision is revoked resulting in the defendant's reincar-
 20 ceration. If the defendant is subsequently convicted of a crime before a
 21 prior conviction is sealed pursuant to this section, the calculation of
 22 time for such prior conviction shall start upon the same date as the
 23 time calculation starts for the subsequent criminal conviction;

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD10779-01-5

 S. 6492 2

 1 (iii) for any convictions of infractions or noncriminal violations
 2 from a docket or accusatory instrument from which other criminal
 3 convictions also originated, all such other criminal convictions stem-
 4 ming from such same docket or accusatory instrument have otherwise
 5 become eligible for sealing pursuant to this section;
 6 (iv) where all other criminal convictions stemming from the same dock-
 7 et or accusatory instrument are also otherwise eligible for sealing
 8 pursuant to this section;
 9 (v) the defendant does not have a subsequent criminal charge pending
 10 in this state;
 11 [(iv)] (vi) the defendant is not currently under the supervision of
 12 any probation or parole department [for the conviction eligible for
 13 sealing];
 14 [(v)] (vii) the conviction is not for an offense defined as a sex
 15 offense or sexually violent offense under section one hundred sixty-
 16 eight-a of the correction law;
 17 [(vi)] (viii) the conviction is not for a class A felony offense
 18 defined in the penal law, other than class A felony offenses defined in
 19 article two hundred twenty of the penal law;
 20 [(vii)] (ix) the defendant is a natural person;
 21 [(viii)] (x) the defendant does not have a subsequent felony charge
 22 pending in another jurisdiction that is not a felony charge related to
 23 reproductive or gender affirming care or the possession of cannabis
 24 which would not const

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