Criminal Justice

This bill (S 1946) allows individuals convicted of specific syringe possession offenses to have their court records sealed. It directly affects people convicted under Penal Law sections 222.10, 222.15, 222.25, 222.45 (current law) or former section 220.45 (prior to the bill's effective date). The key provision adds these conviction types to the list of offenses eligible for expungement under New York's criminal procedure law. The bill creates a legal mechanism for sealing these specific past records, without changing current possession laws or penalties.

Preserves the ability to appeal a violation of a defendant's right to make a statement personally at sentencing notwithstanding a defendant signed an otherwise valid waiver of appeal.

Provides that an accusatory instrument or supporting deposition consisting of factual allegations by a deponent with limited English proficiency is not sufficient unless accompanied by a sworn statement from an interpreter affirming the accuracy of the English interpretation.

Enhances know your customer requirements and responsible gaming procedures; relates to the opening and closing of an authorized sports bettor's account; prohibits an authorized sports bettor from allowing another person to access such bettor's account; allows a bettor who does so to be designated a prohibited bettor; provides for the disposition of revenues from violation fines.

Includes masking products including but not limited to synthetic urine, human urine, a substance used or designed to be added to human urine or a substance used or designed to be added to a chemical test, within the definition of drug-related paraphernalia.

Requires that following the acquittal after trial or the sentencing of any defendant for a felony, the district attorney, or their designee, shall provide by mail, electronically, or by any other reasonable and secure means of written communication a written summary of the disposition of such felony to any victim who was not present at the time that the defendant was sentenced or acquitted after trial.

Requires the timely disclosure of video footage or audio recordings related to the death of incarcerated individuals involving correction officers or peace officers to the attorney general's office of special investigations (Part A); relates to establishing comprehensive camera coverage for covered facilities and covered vehicles; repeals certain provisions of the correction law relating to requiring institutions and local correctional facilities to adhere to certain standards regarding the camera coverage of incarcerated individuals and detainees, and access to such camera recordings (Part B); clarifies standards for next of kin notifications where an incarcerated individual dies in custody (Part C); relates to the time within which the state commission of correction shall issue a report to the governor, the temporary president of the senate and the speaker of the assembly of the findings of a study on deaths in state correctional facilities within the state of New York (Part D); provides access to microscopic slides upon request for certain autopsies (Part E); intentionally omitted (Part F); relates to data on substantiated, unfounded, and unsubstantiated allegations received by the office of special investigations required to be collected and reported by the commissioner of corrections and community supervision (Part G); relates to the state commission of correction; provides for the manner of confirmation of such members; relates to the effectiveness of such provisions (Part H); authorizes the correctional association to visit correctional facilities with twenty-four hours advance notice and grants the correctional association access to certain records and information of correctional facilities (Part I); provides that with respect to state action brought by anyone to recover damages for physical, psychological, or other injury or condition suffered while in state custody, the time in which such action must commence shall be extended to two years after such person is released from such custody (Part J).

This bill prohibits employers - including businesses, state agencies, and political subdivisions - from using an applicant's or employee's credit history for hiring, firing, or licensing decisions. It defines "employer" broadly to cover all entities with employees, including the state. The only exception allows credit checks for high-trust positions (e.g., government roles requiring public trust) if specifically approved by a state commission. This replaces prior legislation that had similar restrictions but different wording.

Amends procedures required for the custodial interrogation of children to provide additional protections and for taking juveniles and sixteen and seventeen year olds into custody.

Enacts into law components of legislation necessary to implement an omnibus bill related to correctional services in the state of New York; requires the timely disclosure of video footage related to the death of incarcerated individuals to the attorney general's office of special investigations (Part A); requires institutions and local correctional facilities to adhere to certain standards regarding the camera coverage of incarcerated individuals and detainees, and access to such camera recordings (Part B); provides notice of the death of an incarcerated individual occurring in the custody of the department of corrections and community supervision; requires the department to promptly notify the next of kin and any other person designated as the representative of any incarcerated individual whose death takes place during custody (Part C); directs the state commission of correction to conduct a comprehensive study on deaths in correctional facilities within New York state to provide data-driven insights and recommendations to improve prison conditions, healthcare, and policies to prevent future tragedies (Part D); establishes the Terry Cooper autopsy accountability act requiring autopsy reports to include all photographs of the body, microscopic slides, and post-mortem x-rays taken by, at the direction of, or reviewed by the person performing the autopsy (Part E); relates to conflicts within the office of special investigation; provides that if the office of the attorney general has a conflict representing state employees in civil litigation, the attorney general may designate a deputy attorney general or assistant attorney general to act in their place; requires the attorney general to establish procedures to screen off certain records (part F); requires the commissioner of corrections and community supervision to collect and report on data from the office of special investigations regarding complaints received by such office in the previous quarter (Part G); increases the number of members on the state commission of correction; provides for the manner of confirmation of such members (Part H); relates to correctional facility visits by the correctional association; authorizes the correctional association to visit correctional facilities at any time with 24 hours advance notice; grants the correctional association access to certain records and information of correctional facilities (Part I); relates to the tolling of statute of limitations for individuals in state custody; provides that with respect to state action brought by anyone to recover damages for physical, psychological, or other injury or condition suffered while in state custody, the time in which such action must commence shall be extended to three years after such person is released from such custody (Part J).