senate Bill S6280

Signed by Governor Amended

Includes the division of forensic services of the Nassau county medical examiner's office in 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 by Governor
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actions

  • 19 / Jan / 2012
    • REFERRED TO CODES
  • 23 / Jan / 2012
    • 1ST REPORT CAL.105
  • 24 / Jan / 2012
    • AMENDED (T) 6280A
  • 24 / Jan / 2012
    • 2ND REPORT CAL.
  • 30 / Jan / 2012
    • ADVANCED TO THIRD READING
  • 31 / Jan / 2012
    • PASSED SENATE
  • 31 / Jan / 2012
    • DELIVERED TO ASSEMBLY
  • 31 / Jan / 2012
    • REFERRED TO CODES
  • 06 / Feb / 2012
    • SUBSTITUTED FOR A9098
  • 06 / Feb / 2012
    • ORDERED TO THIRD READING CAL.329
  • 06 / Feb / 2012
    • PASSED ASSEMBLY
  • 06 / Feb / 2012
    • RETURNED TO SENATE
  • 06 / Feb / 2012
    • DELIVERED TO GOVERNOR
  • 17 / Feb / 2012
    • SIGNED CHAP.14

Summary

Includes the division of forensic services of the Nassau county medical examiner's office in the definition of "qualified agencies".

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Bill Details

Versions:
S6280
S6280A
Legislative Cycle:
2011-2012
Law Section:
Executive Law
Laws Affected:
Amd §835, Exec L

Votes

13
1
13
Aye
1
Nay
2
aye with reservations
0
absent
0
excused
0
abstained
show Codes committee vote details

Sponsor Memo

BILL NUMBER:S6280

TITLE OF BILL:
An act
to amend the executive law, in relation to extending access to criminal
information

PURPOSE: To permit the Nassau County Medical
Examiner's office, when
acting within the scope of its law enforcement duties, to access
information contained in the Division of Criminal Justice Services'
databases, including but not limited to criminal records, personal
appearance data, fingerprints, photographs, and handwriting samples.

SUMMARY OF PROVISIONS: Section one of the bill adds
the Nassau County
Medical Examiner's Office, when acting within the scope of its law
enforcement duties, to the definition of "qualified agencies" under
§835, subsection 9 of Executive Law.

Section 2 of the bill provides for an immediate effective date.

EXISTING LAW: Executive Law §835, subsection 9
currently contains the
list of all agencies qualified for purposes of Article 35 of the
Executive Law.

LEGISLATIVE HISTORY: New Bill.

JUSTIFICATION: In the past decade, the expansion,
advancement, and use
of forensic science has become critically important to all law
enforcement agencies and to public safety in New York State. In 1994,
New York State created the New York State Commission on Forensic
Science to ensure consistency and integrity in forensic sciences.
Article 49-B of the Executive Law provides that the Commission shall
develop minimum standards and a program of accreditation for all
forensic laboratories in NYS, including establishing minimum
qualification for forensic laboratory directors and such other
personnel as the Commission may determine to be necessary and
appropriate of forensic laboratories for the performance of specific
forensic methodologies. The minimum standards and program of
accreditation shall be designed to accomplish the following objectives:

1. Increase and maintain the effectiveness, efficiency, reliability,
and accuracy of forensic laboratories;

2. Ensure that forensic analyses are performed in accordance with the
highest scientific standards practicable; and

3. Promote increased cooperation and coordination among forensic
laboratories and other agencies in the criminal justice system.

It is important to note that Executive Law §835 was drafted and passed
when forensic services, particularly latent print comparisons, were
exclusively performed by police agencies. However, the ability of the
Nassau County Forensic Evidence Bureau, which is part of the police


department, was recently called into question. Thus, all lab work,
including latents, is going to be transferred to a new lab under the
jurisdiction of the Medical Examiner's Office. The Nassau County
Medical Examiner's Office is in the process of seeking provisional
accreditation from the NYS Commission on Forensic Science in order to
be able to conduct latent print analysis in the laboratory.

Currently, the Medical Examiner's Office is unable to access the SABIS
system in order to conduct latent print comparisons since it is not
included within the definition of a "qualified agency" under
Executive Law §835(9). The exclusion of the Medical Examiner's Office
from this definition results in its inability to access databases
maintained by the Division of Criminal Justice Services, including
criminal records, personal appearance data, fingerprints,
photographs, and handwriting samples.

By specifically including the Nassau County Medical Examiner's Office,
when acting with the scope of its law enforcement duties, in the
definition of "qualified agencies", the Office would have access to
additional information that would enable it to assist law enforcement
agencies in the administration of justice in Nassau County.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.

EFFECTIVE DATE:
Immediately.

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

                                  6280

                            I N  S E N A T E

                            January 19, 2012
                               ___________

Introduced by Sens. FUSCHILLO, MARCELLINO, MARTINS, SKELOS -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Codes

AN  ACT  to  amend the executive law, in relation to extending access to
  criminal information

  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 102 of subpart B of part C of chapter 62 of the  laws
of 2011 and as further amended by section 104 of part A of chapter 62 of
the laws of 2011, 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
corrections and community supervision, the department of  correction  of
any municipality, the insurance frauds bureau of the state department of
financial  services,  the  office of professional medical conduct of the
state department of health for the purposes of section two hundred thir-
ty 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 Medicaid inspector  general,  the  temporary
state commission of investigation, the criminal investigations bureau of
the  department  of  financial  services,  police forces and departments
having responsibility for enforcement of the general  criminal  laws  of
the  state [and], the Onondaga County Center for Forensic Sciences Labo-
ratory when acting within the scope of its law  enforcement  duties  AND
THE NASSAU COUNTY MEDICAL EXAMINER'S OFFICE WHEN ACTING WITHIN THE SCOPE
OF ITS LAW ENFORCEMENT DUTIES.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13868-01-2

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