senate Bill S3269

Amended

Relates to the definition of qualified agencies

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 15 / Feb / 2011
    • REFERRED TO FINANCE
  • 14 / Jun / 2011
    • AMEND AND RECOMMIT TO FINANCE
  • 14 / Jun / 2011
    • PRINT NUMBER 3269A
  • 04 / Jan / 2012
    • REFERRED TO FINANCE
  • 12 / Mar / 2012
    • NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • 12 / Mar / 2012
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES

Summary

Relates to the definition of qualified agencies.

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Bill Details

Versions:
S3269
S3269A
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Executive Law
Laws Affected:
Amd §835, Exec L
Versions Introduced in 2009-2010 Legislative Cycle:
S8229

Sponsor Memo

BILL NUMBER:S3269

TITLE OF BILL:

An act
to amend the executive law, in relation to the definition of qualified
agencies

PURPOSE:

To authorize public defenders, legal aid societies, and administrators
of assigned counsel plans to have access to the Division of Criminal
Justice Services' criminal history records for use in connection with
the representation·of public defense clients as defined in County Law
article 18-b.

SUMMARY OF PROVISIONS:

Section 1 amends subdivision 9 of Executive Law section 835 to add
public defenders, legal aid societies, and assigned counsel
administrators to the list of qualified agencies. Qualified agencies
may enter into agreements with the Division of Criminal Justice
Services for access to its criminal history database as authorized by
subdivision 6 of Executive Law section 837.

JUSTIFICATION:

Agencies that are defined as "qualified agencies" under Executive Law
§ 835(9) have access to the criminal history records maintained by the
Division of Criminal Justice Services. See Executive Law § 837(6); 9
NYCRR Part 6051. The proposed bill would add public defenders, legal
aid societies, and administrators of assigned counsel programs to the
list of qualified agencies. Public defense providers would then be
able to enter into use and dissemination agreements with the Division
of Criminal Justice Services that would govern their access to
criminal history information.

In order to provide effective representation, including bail
applications, case investigation, plea negotiation, and sentencing
advocacy, public defense attorneys need to have ready access to
criminal history reports of clients and witness. currently, public
defense providers rely on district attorneys, judges, and other
members of the criminal justice community for access to criminal
history reports; often, disclosure of these reports is not timely.
Providing public defense counsel direct
access to criminal history reports will help them provide effective
representation to their clients and will improve the efficiency of
the entire criminal justice system in New York State.

In 1991, counsel for the Division of Criminal Justice Services
acknowledged the importance of granting public defense counsel direct
access to criminal history information: "Since defense representation
is a criminal justice function and an integral part of the criminal
justice system, it is a natural extension to grant defense counsel
the same ability to access Division of Criminal Justice Services


criminal history records currently afforded to prosecutors." 1991
Legislative Proposal
IR Memorandum, M. Dawn Herkenham, Counsel,
Division of Criminal Justice Services to Evan A. Davis, Counsel to
the Governor. The Division of Criminal Justice Services' Systems
Improvements for Enhanced Community Safety (SIFECS) public Defense
State I Report (1990) also advocated for public defense counsel
having direct access to criminal history information. "Ready access
to criminal histories will benefit the defense and positively impact
the efficiency of the criminal justice system." Public Defense State
I Report, III-3.

LEGISLATIVE HISTORY:
Senate 2009-10: S.8229 - Passed Senate
Assembly 2009-10: A.11602 (Lentol) - Referred to Governmental Operations

FISCAL IMPLICATIONS:

Minimal.

LOCAL FISCAL IMPLICATIONS:

EFFECTIVE DATE:

Immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3269

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 15, 2011
                               ___________

Introduced  by  Sen. HASSELL-THOMPSON -- read twice and ordered printed,
  and when printed to be committed to the Committee on Finance

AN ACT to amend the executive law, in  relation  to  the  definition  of
  qualified agencies

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 9 of section  835  of  the  executive  law,  as
amended  by  section  39 of part A of chapter 56 of the laws of 2010, is
amended to read as follows:
  9. "Qualified agencies" means courts in the unified court system,  the
administrative  board of the judicial conference, probation departments,
sheriffs' offices, district attorneys' offices, the state department  of
correctional services, the department of correction of any municipality,
the  insurance  frauds  bureau of the state department of insurance, the
office of professional medical conduct of the state department of health
for the purposes of section two hundred thirty of the public health law,
the child protective services unit of a local social  services  district
when  conducting an investigation pursuant to subdivision six of section
four hundred twenty-four of the social services law, the office of Medi-
caid inspector general, the temporary state commission of investigation,
the criminal investigations bureau of  the  banking  department,  police
forces  and  departments  having  responsibility  for enforcement of the
general criminal laws of the state [and], the Onondaga County Center for
Forensic Sciences Laboratory when acting within the  scope  of  its  law
enforcement  duties    AND  PUBLIC  DEFENDERS,  LEGAL AID SOCIETIES, AND
ASSIGNED COUNSEL ADMINISTRATORS.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07102-01-1

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