BILL NUMBER: S7452
SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:
An act to amend the criminal procedure law, in relation to orders of
adjournment in contemplation of dismissal and sealing of defendant
records
 
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to substantially reduce the probationary
period of an ACD, an to expand the sealing of records of criminal
defendants during the ACD probationary period.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 mandates the sealing of records for criminal defendants
charged with specific offenses who have successfully completed a judi-
cially sanctioned drug treatment program.
Section 2 expands the definition of records a court may seal for current
and prior criminal offenses.
Section 3 eliminates subjective criteria a court may rely upon in deter-
mining whether to seal a defendant's criminal record. This section
instructs the court to rely upon the defendant having completed a judi-
cially sanctioned treatment program and consider the employment benefit
to the defendant in having his or her records sealed.
Section 4 describes the circumstances under which a criminal defendant's
records are unsealed.
Section 5 reduces the probationary period for ACD's in non-family
offenses from up to 1 year to no more than 90 days.
Section 6 reduces the probationary period for ACD's in marihuana related
criminal offense from up to 1 year to no more than 90 days. This
section also expands which records can be sealed in a marihuana related
criminal offense.
Section 7 notes the effective date to be sixty days after the bill's
passage.
 
JUSTIFICATION:
ACD's are a common place criminal sanction given to defendants for low-
level criminal offenses, such as public consumption of alcohol or mari-
huana related offenses. There is no public policy rationale for an up to
1 year probationary period for these low-level offenses. A shorter
probationary period of no more than 90 days is consistent with the mini-
mal nature of these type of criminal offenses. Also, by expanding which
records a court can seal and by eliminating subjective factors a court
may consider during a hearing to seal records, the legislation will
result in more defendants having their ACD record sealed. Given that ACD
violations can result in eviction from public housing, suspension or
loss of employment, and even discharge from military service, sealing of
records should occur in most of these low level offense cases.
 
PRIOR LEGISLATIVE HISTORY:
S.5161 of 2023-2024 (Hoylman-Sigal): Died in Codes
A.3697 of 2023-2024 (Epstein): Died in Codes
S.0479 of 2021-2022 (Hoylman): Died in Codes
A.0090 of 2021-2022 (Quart): Died in Codes
S.2278 of 2019-2020 (Hoylman): Died in Codes
A.1364 of 2019-2020 (Quart): Died on 3rd Reading
S.7188-A of 2018 (Hoylman): Died in Codes
A.8789-A of 2017-2018 (Quart): Died in Codes/Died on 3rd Reading
 
FISCAL IMPLICATIONS:
None to the state
 
EFFECTIVE DATE:
60 days

Statutes affected:
S7452: 160.58 criminal procedure law, 160.58(1) criminal procedure law, 160.58(2) criminal procedure law, 160.58(3) criminal procedure law, 170.55 criminal procedure law, 170.55(2) criminal procedure law