NYAPRS Note: Today is the final day of this year’s legislative session. The Clean Slate Act is up for a vote today, and reports indicate it is likely to pass. We must continue to advocate to finally get this bill across the finish line! Continue to call, email, and tweet your lawmakers to ask for their support by using this link. We will send out an update if it passes in the legislature. Once this happens, we will need to urge Governor Hochul to sign the bill into law. See below to learn more about Clean Slate and other items being discussed on the last day of session.
Records Sealing Bill Weighed in Final New York Legislative Session Day
By Nick Reisman | State of Politics | June 8, 2023
A major agreement for housing is off the table in Albany, but a bill to seal many criminal records remains very much alive.
New York lawmakers are working to conclude the legislative session that could culminate with a bill that seals many criminal records. It’s a long-sought measure for criminal justice reform advocates, but one that has been opposed by law enforcement organizations who mounted a final effort on Thursday to oppose the legislation.
Democratic lawmakers in the state Assembly, where the bill has never gained a full floor vote, approved the measure out of a key committee on Thursday afternoon.
Lawmakers expect to vote on the legislation at some point on Friday.
The proposal, known as the Clean Slate Act among its supporters, would seal criminal records eight years after a person’s sentence ends for felony convictions and three years for misdemeanors. Sealed records would not include crimes like murder as well as sex crime convictions.
Supporters have argued the measure is necessary to aid people who have struggled post-conviction and release to find a job or housing.
“”These are folks who have paid their debt society and are having obstacles put in their way everyday,” said Assemblymember Erik Dilan.
District attorneys, sheriffs and Republican lawmakers gathered in Albany, meanwhile, to continue to raise concerns over the legislation.
“Simply put, this goes way too far,” McGowan said. “I’m deeply troubled by the scope of crimes that are subject to sealing, including those in which a victim was injured or suffered.”
The question remains over whether Gov. Kathy Hochul would support the legislation should it gain final passage in the Legislature. Hochul this week stopped short of saying she supported the revised measure.
“I do want to get a version of Clean Slate that actually deals with the efforts of giving people a second chance,” Hochul said on Wednesday. “I think that’s going to deal with recidivism. But we also have to be smart about it.”
Records sealing bill weighed in final legislative session (spectrumlocalnews.com)
In the Final Day(s) of Session, Housing Deal Falls Apart, But Clean Slate Expected to Pass
The Dickinson & Avella Friday Morning Brief | June 9, 2023
As the 2023 session wraps up, a housing deal between the Legislature and Governor Hochul is all but dead in the Legislature. Speaker Heastie and Senate Majority Leader Stewart-Cousins issued a joint statement yesterday afternoon saying that although both chambers of the Legislature were able to come together for a housing deal, they “could not come to an agreement” with Hochul. However, Hochul’s Communication Director explained that “no housing package was ever even introduced…for the Governor’s review.” This comes after the three-way negotiations between the leaders of the Legislature and Hochul were unable to include housing reforms in the 2024 Budget and continued negotiations afterward. The housing deal that both leaders of the Legislature agreed on includes:
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“Good Cause” Evictions
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Creation of a local affordable housing plan
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Conversion of commercial buildings
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Housing Access Voucher Program
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Homeowner Protection Plan
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Extension of 421-A
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Affordable Housing Rehabilitation Program
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Establishment of the Office of Civil Representation
Besides the seemingly collapsed housing deal, Clean Slate is still expected to pass in the Legislature, with the bill being on the Assembly floor for a vote and debate. The bill was amended on Monday to change the time period required to have the convictions sealed and other technical revisions. Now, the records would be sealed eight years after incarceration, violent felony convictions would not be sealed and it would allow individuals with sealed convictions to sue someone who discloses those records if the individual with the sealed conviction is harmed as a result. The original prohibition on sealing sexual offenses and sealing misdemeanor convictions after three years is still the same as the previous version. Although GOP lawmakers opposed the bill citing public safety concerns, various advocates, labor unions, and business groups support the bill.
Session will continue today, possibly continuing until tomorrow morning (and possibly into the weekend).
Friday Morning Brief June 9, 2023 — Dickinson & Avella, PLLC (dickinsonavella.com)