Laws of New York Chapter 645
SEARCH 00001 CHAPTER ADJ 645
Laws of New York Chapter 645
TEXT LAWS OF NEW YORK, 1996
CHAPTER 645 AN ACT to amend the family court act and the executive
law, in relation to juvenile fingerprinting Became a law September 13, 1996,
with the approval of the Governor.
Passed on message of necessity pursuant to Article III, section 14 of the Constitution
by a majority vote, three-fifths being present.
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 306.1 of the family court
act, as added by chapter 920 of the laws of 1982, is amended to read as follows:
1. Following the arrest of a child alleged to be a juvenile delinquent, or the
filing of a delinquency petition involving a child who has not been arrested,
the arresting officer or other appropriate police officer or agency shall take
or cause to be taken fingerprints of such child if:
a) the child is eleven years of age or older and the crime which
is the subject of the arrest or which is charged in the petition constitutes
a class A or B felony; or
(b) the child is thirteen years of age or older and the crime which is the subject
of the arrest or which is charged in the petition constitutes a class C, D OR
E felony.
§ 2. Subdivision 2 of section 306.2 of the family court act,
as added by chapter 920 of the laws of 1982, is amended to read as follows:
2. Upon receipt of such fingerprints, the division of criminal justice services
shall classify them and search its records for information concerning an adjudication
or pending matter involving the person arrested. The division shall promptly
transmit to such forwarding officer or agency a report containing any information
on file with respect to such person's previous adjudications and pending matters
or a report stating that the person arrested has no previous record according
to its files. NOTWITHSTANDING THE FOREGOING, WHERE
THE DIVISION HAS NOT RECEIVED DISPOSITION INFORMATION WITHIN TWO YEARS OF AN
ARREST, THE DIVISION SHALL, UNTIL SUCH INFORMATION OR UP-TO-DATE STATUS INFORMATION
IS RECEIVED, WITHHOLD THE RECORD OF THAT ARREST AND ANY RELATED ACTIVITY IN
DISSEMINATING CRIMINAL HISTORY INFORMATION.
§ 3. Subdivisions 2, 6 and 7 of section 354.1 of the family court act, as added by chapter 920 of the laws of 1982, are amended to read as follows:
EXPLANATION--Matter in UPPER CASE is new; matter in brackets { } is old
law to be omitted.
2. If a person whose fingerprints, palmprints or photographs were taken pursuant
to section 306.1 or was initially fingerprinted as a juvenile offender and the
action is subsequently removed to family court pursuant to article seven hundred
twenty-five of the criminal
procedure law has had all petitions disposed of by the family court in any manner
other than an adjudication of juvenile delinquency for a felony, but in the
case of acts committed when such person was eleven or twelve years of age which
would constitute a class A or B felony
only, {the family court shall enter an order directing that} all such fingerprints,
palmprints, photographs, and copies thereof, and all information relating to
such allegations obtained by the division of criminal justice services pursuant
to section 306.1 shall be destroyed forthwith. {Such order shall be served by
the} THE clerk of the court {upon} SHALL NOTIFY the commissioner of the division
of criminal justice services and {upon} the heads of all police departments
and law enforcement agencies having copies of such records, who shall {implement
the order} DESTROY SUCH RECORDS without unnecessary delay.
6. If a person fingerprinted pursuant to section 306.1 and subsequently adjudicated
a juvenile delinquent for a felony, but in the case of acts committed when such
a person was eleven or twelve years of age which would constitute a class A
or B felony only, is subsequently convicted of a crime, all fingerprints and
related information obtained by the division of criminal justice services pursuant
to such section and not destroyed pursuant to subdivisions two, five and seven
or subdivision {eleven} TWELVE of section 308.1
shall become part of such division's permanent adult criminal record for that
person, notwithstanding section 381.2 or 381.3.
7. When a person fingerprinted pursuant to section 306.1 and subsequently adjudicated
a juvenile delinquent for a felony, but in the case of acts committed when such
person was eleven or twelve years of age which would constitute a class A or
B felony only, reaches the age of twenty-one, or has been discharged from placement
under this act for at least three years, whichever occurs later, and has no
criminal convictions or pending criminal actions which ultimately terminate
in a criminal conviction, all fingerprints, palmprints, photographs, and related
information and copies thereof obtained pursuant to section 306.1 in the possession
of the division of criminal justice services, any police department, law enforcement
agency or any other agency shall be destroyed forthwith. The division of criminal
justice services shall notify the agency or agencies which forwarded fingerprints
to such division pursuant to section {806.1} 306.1 of their obligation to destroy
those records in their possession. In the case of a pending criminal action
which does not terminate in a criminal conviction, such records shall be destroyed
forthwith upon such determination.
§ 4. Subdivision 1 of section 375.1 of the family court act, as separately amended by chapters 105 and 423 of the laws of 1987, is amended to read as follows: 1. Upon termination of a delinquency proceeding against a respondent in favor of such respondent, unless the presentment agency upon written motion with not less than eight days notice to such respondent demonstrates to the satisfaction of the court that the interests of justice require otherwise or the court on its own motion with not less than eight days notice to such respondent determines that the interest of justice require otherwise and states the reason for such determination on the record, {the court shall enter an order which} THE CLERK OF THE COURT shall immediately {be served by the clerk of court upon} NOTIFY the law guardian or counsel for the child, the director of the appropriate presentment agency, and {upon} the heads of the appropriate probation department and police department or other law enforcement agency, {directing} that THE PROCEEDING HAS TERMINATED IN FAVOR OF THE RESPONDENT AND, UNLESS THE COURT HAS DIRECTED OTHERWISE, THAT THE RECORDS OF SUCH ACTION OR PROCEEDING, OTHER THAN THOSE DESTROYED PURSUANT TO SECTION 354.1 OF THIS ACT, SHALL BE SEALED. UPON RECEIPT OF SUCH NOTIFICATION all official records and papers, including judgments and orders of the court, but not including public court decisions or opinions or records and briefs on appeal, relating to the arrest, the prosecution and the probation service proceedings, including all duplicates or copies thereof, on file with the court, police agency, probation service and presentment agency SHALL be sealed and not made available to any person or public or private agency. Such records shall remain sealed during the pendency of any motion made pursuant to this subdivision.
§ 5. Subdivision 6 of section 837 of the executive law, as added by chapter
399 of the laws of 1972 and such section as renumbered by chapter 603 of the
laws of 1973, is amended to read as follows:
6. Establish, through electronic data processing and related procedures, a central
data facility with a communication network serving qualified agencies anywhere
in the state, so that they may, upon such terms and conditions as the commissioner,
and the appropriate officials of such qualified agencies shall agree, contribute
information and, EXCEPT AS PROVIDED IN SUBDIVISION TWO OF SECTION 306.2 OF THE
FAMILY COURT ACT, have access to information contained in the central data facility,
which shall include but not be limited to such information as criminal record,
personal appearance data, fingerprints, photographs, and handwriting samples;
§ 6. This act shall take effect immediately and sections two, three, four and
five of this act shall apply retroactively to a person whose fingerprints were
taken pursuant to section 306.1 of the family court act or who was initially
fingerprinted as a juvenile offender on or after January 1, 1986 and whose fingerprints
are on file with the division of criminal justice services, provided that in
the case of a juvenile offender action the case was subsequently removed to
family court; and provided, further, that section one of this act shall take
effect on the first day of November next succeeding the date on which it shall
have become a law.
The Legislature of the STATE OF NEW YORK SS: (JURAT PLACEHOLDER) Pursuant to
the authority vested in us by section 70-b of the Public Officers Law, we hereby
jointly certify that this slip copy of this session law was printed under our
direction and, in accordance with such section, is entitled to be read into
evidence.
JOSEPH L. BRUNO SHELDON
SILVER
TEMPORARY PRESIDENT OF THE SENATE SPEAKER
OF THE ASSEMBLY
