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Bill > S07452


NY S07452

NY S07452
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.


summary

Introduced
04/16/2025
In Committee
04/16/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 General Assembly

Bill Summary

AN ACT to amend the criminal procedure law, in relation to orders of adjournment in contemplation of dismissal and sealing of defendant records

AI Summary

This bill modifies several sections of New York's criminal procedure law, specifically focusing on orders of adjournment in contemplation of dismissal (ACD) and record sealing. The bill mandates that judges must seal certain records of defendants who have successfully completed judicially sanctioned drug treatment programs, removing previous judicial discretion. It limits the total period of adjournment to 90 days (reduced from previous longer periods), and requires courts to seal official records related to arrests, prosecutions, and convictions for defendants who complete such programs. The bill also changes language around how courts consider sealing records, requiring judges to review factors like the circumstances of the offense, the defendant's treatment program completion, criminal history, and potential impact on rehabilitation and public safety. For cases involving marijuana-related offenses, the bill streamlines the process for adjournment and dismissal, removing previous restrictions on multiple adjournments or dismissals. Importantly, the bill aims to provide more consistent and potentially more lenient treatment for defendants who complete rehabilitation programs, with the goal of supporting defendants' reintegration into society while maintaining judicial oversight.

Committee Categories

Housing and Urban Affairs

Sponsors (1)

Last Action

REFERRED TO CODES (on 04/16/2025)

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