Prohibits the division of criminal justice services from disclosing pending orders of adjournment in contemplation of dismissal on civil records of arrests and prosecutions.
Summary
Bill S01055 seeks to amend the executive law to prevent the division of criminal justice services from disclosing pending orders of adjournment in contemplation of dismissal (ACD) on civil records related to arrests and prosecutions. The bill specifies that such orders should not be considered pending for civil purposes unless the order is revoked and the case is restored to the calendar for further prosecution. This change aims to protect individuals whose cases have been adjourned in contemplation of dismissal from having these records negatively impact their civil records.
Impact
If enacted, this bill would alter the way civil records of arrests and prosecutions are handled in New York State, specifically regarding cases that have been adjourned in contemplation of dismissal. It would ensure that individuals with ACDs are not unfairly penalized by having these records disclosed, thereby potentially improving their opportunities for employment, housing, and other civil rights. This amendment would affect the executive law and could lead to changes in how criminal justice services manage and report criminal history records for civil purposes.
Sentiment
The sentiment surrounding Bill S01055 appears to be mixed. While it has garnered support from some senators who emphasize the importance of protecting individuals' civil rights, there is also opposition from those who believe that such measures could undermine the integrity of criminal justice reporting. The voting history reflects this division, with close votes in both committee and floor sessions indicating a contentious debate.
Contention
Notable points of contention include concerns from some legislators about the potential for abuse of the ACD process and the implications of restricting access to certain criminal records. Supporters argue that the bill is necessary for fairness and rehabilitation, while opponents worry that it may hinder transparency in the criminal justice system. The differing viewpoints highlight a broader debate about the balance between individual rights and public safety.
Same As
Prohibits the division of criminal justice services from disclosing pending orders of adjournment in contemplation of dismissal on civil records of arrests and prosecutions.
Prohibits the division of criminal justice services from disclosing pending orders of adjournment in contemplation of dismissal on civil records of arrests and prosecutions.
Prohibits the division of criminal justice services from disclosing pending orders of adjournment in contemplation of dismissal on civil records of arrests and prosecutions.
Prohibits the division of criminal justice services from disclosing pending orders of adjournment in contemplation of dismissal on civil records of arrests and prosecutions.
Relates to orders of adjournment in contemplation of dismissal by mandating that judges seal certain records of defendants rather than giving judge's discretion for such an action; limits the total period of adjournment to 90 days.