S T A T E O F N E W Y O R K
________________________________________________________________________
1423
2011-2012 Regular Sessions
I N S E N A T E
January 7, 2011
___________
Introduced by Sens. GOLDEN, LARKIN -- read twice and ordered printed,
and when printed to be committed to the Committee on Codes
AN ACT to amend the criminal procedure law and the executive law, in
relation to disclosure of arrest and prosecution records of applicants
for employment by police departments and other law enforcement agen-
cies
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (d) of subdivision 1 of section 160.50 of the
criminal procedure law, as amended by chapter 169 of the laws of 1994,
is amended to read as follows:
(d) such records shall be made available to the person accused or to
such person's designated agent, and shall be made available to (i) a
prosecutor in any proceeding in which the accused has moved for an order
pursuant to section 170.56 or 210.46 of this chapter, or (ii) a law
enforcement agency upon ex parte motion in any superior court, if such
agency demonstrates to the satisfaction of the court that justice
requires that such records be made available to it, or (iii) any state
or local officer or agency with responsibility for the issuance of
licenses to possess guns, when the accused has made application for such
a license, or (iv) the New York state division of parole when the
accused is on parole supervision as a result of conditional release or a
parole release granted by the New York state board of parole, and the
arrest which is the subject of the inquiry is one which occurred while
the accused was under such supervision, or (v) any prospective employer
of a police officer or peace officer as those terms are defined in
subdivisions thirty-three and thirty-four of section 1.20 of this chap-
ter, in relation to an application for employment as a police officer or
peace officer; provided, however, that every person who is an applicant
for the position of police officer or peace officer shall be furnished
with a copy of all records obtained under this paragraph and afforded an
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04622-01-1
S. 1423 2
opportunity to make an explanation thereto, or (vi) A POLICE DEPARTMENT
OR OTHER LAW ENFORCEMENT AGENCY, IN RELATION TO AN APPLICATION BY THE
PERSON ACCUSED FOR EMPLOYMENT BY SUCH AGENCY OR DEPARTMENT; PROVIDED,
HOWEVER, THAT EVERY SUCH PERSON SHALL BE FURNISHED WITH A COPY OF ALL
RECORDS OBTAINED UNDER THIS PARAGRAPH AND AFFORDED AN OPPORTUNITY TO
MAKE AN EXPLANATION THERETO, OR (VII) the probation department responsi-
ble for supervision of the accused when the arrest which is the subject
of the inquiry is one which occurred while the accused was under such
supervision; and
S 2. Paragraph (d) of subdivision 1 of section 160.55 of the criminal
procedure law, as amended by chapter 476 of the laws of 2009, is amended
to read as follows:
(d) the records referred to in paragraph (c) of this subdivision shall
be made available to the person accused or to such person's designated
agent, and shall be made available to (i) a prosecutor in any proceeding
in which the accused has moved for an order pursuant to section 170.56
or 210.46 of this chapter, or (ii) a law enforcement agency upon ex
parte motion in any superior court, if such agency demonstrates to the
satisfaction of the court that justice requires that such records be
made available to it, or (iii) any state or local officer or agency with
responsibility for the issuance of licenses to possess guns, when the
accused has made application for such a license, or (iv) the New York
state division of parole when the accused is under parole supervision as
a result of conditional release or parole release granted by the New
York state board of parole and the arrest which is the subject of the
inquiry is one which occurred while the accused was under such super-
vision, or (v) the probation department responsible for supervision of
the accused when the arrest which is the subject of the inquiry is one
which occurred while the accused was under such supervision, or (vi) a
police agency, probation department, sheriff's office, district attor-
ney's office, department of correction of any municipality and parole
department, for law enforcement purposes, upon arrest in instances in
which the individual stands convicted of harassment in the second
degree, as defined in section 240.26 of the penal law, committed against
a member of the same family or household as the defendant, as defined in
subdivision one of section 530.11 of this chapter, and determined pursu-
ant to subdivision eight-a of section 170.10 of this title; OR (VII) A
POLICE DEPARTMENT OR OTHER LAW ENFORCEMENT AGENCY, IN RELATION TO AN
APPLICATION BY THE PERSON ACCUSED FOR EMPLOYMENT BY SUCH AGENCY OR
DEPARTMENT; PROVIDED, HOWEVER, THAT EVERY SUCH PERSON SHALL BE FURNISHED
WITH A COPY OF ALL RECORDS OBTAINED UNDER THIS PARAGRAPH AND AFFORDED AN
OPPORTUNITY TO MAKE AN EXPLANATION THERETO; and
S 3. Subdivision 16 of section 296 of the executive law, as separately
amended by section 3 of part N and section 14 of part AAA of chapter 56
of the laws of 2009, is amended to read as follows:
16. It shall be an unlawful discriminatory practice, unless specif-
ically required or permitted by statute, for any person, agency, bureau,
corporation or association, including the state and any political subdi-
vision thereof, to make any inquiry about, whether in any form of appli-
cation or otherwise, or to act upon adversely to the individual
involved, any arrest or criminal accusation of such individual not then
pending against that individual which was followed by a termination of
that criminal action or proceeding in favor of such individual, as
defined in subdivision two of section 160.50 of the criminal procedure
law, or by a youthful offender adjudication, as defined in subdivision
one of section 720.35 of the criminal procedure law, or by a conviction
S. 1423 3
for a violation sealed pursuant to section 160.55 of the criminal proce-
dure law or by a conviction which is sealed pursuant to section 160.58
of the criminal procedure law, in connection with the licensing, employ-
ment or providing of credit or insurance to such individual; provided,
further, that no person shall be required to divulge information
pertaining to any arrest or criminal accusation of such individual not
then pending against that individual which was followed by a termination
of that criminal action or proceeding in favor of such individual, as
defined in subdivision two of section 160.50 of the criminal procedure
law, or by a youthful offender adjudication, as defined in subdivision
one of section 720.35 of the criminal procedure law, or by a conviction
for a violation sealed pursuant to section 160.55 of the criminal proce-
dure law, or by a conviction which is sealed pursuant to section 160.58
of the criminal procedure law. The provisions of this subdivision shall
not apply to the licensing activities of governmental bodies in relation
to the regulation of guns, firearms and other deadly weapons or in
relation to an application for employment as a police officer or peace
officer as those terms are defined in subdivisions thirty-three and
thirty-four of section 1.20 of the criminal procedure law OR IN RELATION
TO AN APPLICATION FOR EMPLOYMENT FOR ANY POSITION IN A POLICE DEPART-
MENT OR OTHER LAW ENFORCEMENT AGENCY; provided further that the
provisions of this subdivision shall not apply to an application for
employment or membership in any law enforcement agency with respect to
any arrest or criminal accusation which was followed by a youthful
offender adjudication, as defined in subdivision one of section 720.35
of the criminal procedure law, or by a conviction for a violation sealed
pursuant to section 160.55 of the criminal procedure law, or by a
conviction which is sealed pursuant to section 160.58 of the criminal
procedure law.
S 4. This act shall take effect on the ninetieth day after it shall
have become a law.