New York Assembly Bill A00961 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 961 2023-2024 Regular Sessions  IN ASSEMBLY January 11, 2023 ___________ Introduced by M. of A. L. ROSENTHAL, ROZIC, KELLES -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to sealed prior domestic violence cases The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (d) of subdivision 1 of section 160.50 of the 2 criminal procedure law, as amended by chapter 449 of the laws of 2015, 3 is amended to read as follows: 4 (d) such records shall be made available to the person accused or to 5 such person's designated agent, and shall be made available to (i) a 6 prosecutor in any proceeding in which the accused has moved for an order 7 pursuant to section 170.56 or 210.46 of this chapter, or (ii) a law 8 enforcement agency or a prosecutor upon ex parte motion in any superior 9 court, or in any district court, city court or the criminal court of the 10 city of New York provided that such court sealed the record, if such 11 agency or prosecutor demonstrates to the satisfaction of the court that 12 justice requires that such records be made available to it, or (iii) any 13 state or local officer or agency with responsibility for the issuance of 14 licenses to possess guns, when the accused has made application for such 15 a license, or (iv) the New York state department of corrections and 16 community supervision when the accused is on parole supervision as a 17 result of conditional release or a parole release granted by the New 18 York state board of parole, and the arrest which is the subject of the 19 inquiry is one which occurred while the accused was under such super- 20 vision, or (v) any prospective employer of a police officer or peace 21 officer as those terms are defined in subdivisions thirty-three and 22 thirty-four of section 1.20 of this chapter, in relation to an applica- 23 tion for employment as a police officer or peace officer; provided, 24 however, that every person who is an applicant for the position of 25 police officer or peace officer shall be furnished with a copy of all EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01237-01-3 
 A. 961 2 1 records obtained under this paragraph and afforded an opportunity to 2 make an explanation thereto, or (vi) the probation department responsi- 3 ble for supervision of the accused when the arrest which is the subject 4 of the inquiry is one which occurred while the accused was under such 5 supervision; and 6 § 2. Paragraph (d) of subdivision 1 of section 160.55 of the criminal 7 procedure law, as amended by chapter 449 of the laws of 2015, is amended 8 to read as follows: 9 (d) the records referred to in paragraph (c) of this subdivision shall 10 be made available to the person accused or to such person's designated 11 agent, and shall be made available to (i) a prosecutor in any proceeding 12 in which the accused has moved for an order pursuant to section 170.56 13 or 210.46 of this chapter, or (ii) a law enforcement agency or a prose- 14 cutor upon ex parte motion in any superior court, or in any district 15 court, city court or the criminal court of the city of New York provided 16 that such court sealed the record, if such agency or prosecutor demon- 17 strates to the satisfaction of the court that justice requires that such 18 records be made available to it, or (iii) any state or local officer or 19 agency with responsibility for the issuance of licenses to possess guns, 20 when the accused has made application for such a license, or (iv) the 21 New York state department of corrections and community supervision when 22 the accused is under parole supervision as a result of conditional 23 release or parole release granted by the New York state board of parole 24 and the arrest which is the subject of the inquiry is one which occurred 25 while the accused was under such supervision, or (v) the probation 26 department responsible for supervision of the accused when the arrest 27 which is the subject of the inquiry is one which occurred while the 28 accused was under such supervision, or (vi) a police agency, probation 29 department, sheriff's office, district attorney's office, department of 30 correction of any municipality and parole department, for law enforce- 31 ment purposes, upon arrest in instances in which the individual stands 32 convicted of harassment in the second degree, as defined in section 33 240.26 of the penal law, committed against a member of the same family 34 or household as the defendant, as defined in subdivision one of section 35 530.11 of this chapter, and determined pursuant to subdivision eight-a 36 of section 170.10 of this title; and 37 § 3. This act shall take effect immediately.