The legislation is in the Public Protection and General Article VII Bill (S1505-C/A2005-C), which can be found here:  https://nyassembly.gov/leg/. The legislation was signed by the Governor, and thus enacted into law, on April 12, 2019.

Part II: Reentry Legislation

Subparts A-I (pages 35-43) remove mandatory bars on certain occupational licensing.

  • The occupations effected are:
    • Subpart A (Banking Law § 369) – licensed check cashers
    • Subpart B (Education Law § 2590-b) – community district education council and city-wide council
    • Subpart C (Executive Law § 435) – bingo licensing
    • Subpart D (Executive Law § 130) – notaries public
    • Subpart E (Municipal Law § 189-a, § 476, § 481) – authorized suppliers of games of chance equipment, bingo licensees, and lessors of premises to bingo licensees
    • Subpart F (Insurance Law § 2108) –  insurer adjusters
    • Subpart G (Real Property Law § 440-a) – real estate brokers and salesmen
    • Subpart H (Social Services Law § 336-f) – DSS employment/work activity programs
    • Subpart I (VTL§ 394) – driving school employees
  • Effective immediately (April 12, 2019)

Subpart J (page 43) removes the mandatory six-month drivers license suspension for people convicted of a drug offense.

  • Amends VTL § 510(2)(b) by repealing subparagraphs (v), (vi), and (vii)
  • Amends Correction Law § 701(2) by omitting language rendered irrelevant by the repeal of VTL § 510(2)(b) (v), (vi), and (vii)
  • Effective immediately (April 12, 2019)

Subpart K (page 44), amended by Part GGG, S-1509-C (pages 96-97) limits law enforcement release of “mugshots.”

  • Amends Public Officers Law § 89(2)(b) to include a new subparagraph (viii) which defines disclosure of law enforcement arrest or booking photos of an individual to be an unwarranted invasion of privacy unless the release serves a specific law enforcement purpose and disclosure is otherwise not precluded by federal or state law.
  • Effective immediately (April 12, 2019)
  • It is unclear how this new legislation will play out. The New York State Police have announced they will no longer release mugshots, but other law enforcement agencies have opined that the legislation applies only to the New York State Police and allows local enforcement agencies to decide whether or not to release mugshots. See, for example, https://news.wbfo.org/post/legislation-lets-most-police-agencies-decide-whether-release-mugshots.

Subpart L (pages 45-46) limits disclosure on DCJS and OCA criminal history reports of stale prosecutions (cases with no court action, disposition, or unexecuted warrants after 5 years) unless the District Attorney says the case is actually pending.

  • Adds a new section Executive Law § 845-c that defines undisposed cases and prohibits their disclosure.
  • Adds a new subparagraph (x) to Judiciary Law § 212(2) to prohibit disclosure of undisposed cases on OCA criminal history records.
  • For PL article 125 class A felonies and PL article 130 felonies, DA must be given notice that case is on undisposed case list; if DA responds within 6 months and says case is pending, the case will not be excluded from criminal history reports. If DA does not respond, case will be excluded.
  • Exception for records provided to “qualified agencies” as defined in Executive Law §835(9) (“qualified agencies” include courts and law enforcement and do not include agencies involved in occupational licensing), as well as records for research and internal management purposes.
  • Effective 365 days after enactment (April 11, 2020) and applies to criminal history searches conducted on or after that date.

Subpart M (pages 46) requires DCJS to automatically seal cases that were dismissed pursuant to CPL § 160.50 or disposed of by way of a violation prior to 1991 (which was the effective date of the amendment to CPL § 160.50 and CPL § 160.55 requiring automatic sealing), thereby ensuring the sealing of these CPL § 160.50 dismissals and CPL § 160.55 violation dispositions that were not previously sealed.

  • Directs DCJS to engage in such sealings
  • Amends Judiciary § 212(2) to include a new subparagraph (y) to ensure that OCA criminal history records do not contain arrests that should be sealed pursuant to CPL § 160.50 or § 160.55.
  • Exceptions are loitering for purposes of prostitution and DWIA
  • Effective 180 days after enactment (September 12, 2019)

Subpart N (pages 46-47) provides that DCJS and OCA criminal history searches conducted for civil purposes shall include only the arrest charges that led to a conviction (and not other charges that were part of the arrest that did not lead to a conviction), as well as pending arrests.

  • Adds a new section to the Executive Law § 845-d
  • Adds a new subparagraph Z to Judiciary Law § 212(2)
  • Effective 365 days after enactment (April 11, 2020)

Subpart O (pages 47-48) amends the Human Rights Law (Executive Law) § 296(16) in several substantive ways:

  • Extends protections against the consideration of sealed arrests and convictions and Youthful Offender (YO) adjudications to include housing and volunteer work. Landlords and volunteer entities can no longer ask applicants about or otherwise consider sealed arrests, sealed convictions, or YO adjudications.
  • Adds adjournments in contemplation of dismissal (ACDs) to the list of case outcomes that cannot be considered or asked about (unless the ACD is restored to the calendar for further prosecution). Defendants no longer must wait the six to twelve months until the case has been dismissed and sealed to receive the protections of Human Rights Law 296(16).
  • Provides that people unlawfully asked to disclose protected information need not disclose it; adds this sentence to § 296(16): “An individual required or requested to provide information in violation of this subdivision may respond as if the arrest, criminal accusation, or disposition of such arrest or criminal accusation did not occur.”
  • Effective 90 days after enactment (July 12, 2019)

Part KK (pages 49-50) expands eligibility for participation in the Shock Incarceration Program to include people convicted of second-degree burglary under Penal Law § 140.25(2) (building is a dwelling) and second-degree robbery under Penal Law § 160.10(1) (aided by another person actually present). The changes apply to judicial Shock orders (where the sentencing judge expressly directs that the defendant be enrolled in Shock) and discretionary Shock placement (where decision is made by DOCCS).

  • Adds a new subparagraph (8) to PL § 60.05 to authorize sentencing judges, upon motion of the defendant, to order Shock participation for people convicted of an offense defined by PL § 140.45(2) or § 160.10(1), or an attempt thereof. Applies to defendants sentenced under PL § 70.02 (first time violent felony offenders), and under PL § 70.06 (second felony offenders). Specifically incorporates PL § 60.04(7)(b) to provide for an alternative-to-Shock program for people who cannot participate because of a medical or mental health condition.
  • Amends Correction § 865(1) to expand eligibility for Shock participation to include defendants convicted of PL § 140.25(2) and § 160.10(1) offenses or attempts thereof.
  • Pursuant to Correction Law § 865(1), a person becomes eligible for Shock when he or she is within 3 years of parole or conditional release. Since eligibility is determined on a rolling basis, and not just at reception to DOCCS, the initial sentence can be longer than 3 years.
  • Effective 30 days after enactment (May 12, 2019) and applies to those sentenced on or after that date, regardless of the date of the offense.

Part OO (pages 50-52), with amendments in Part MMM, reduces the maximum misdemeanor sentence to 364 days.