senate Bill S1586A

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

  • 09 / Jan / 2013
    • REFERRED TO FINANCE
  • 12 / Jun / 2013
    • AMEND AND RECOMMIT TO FINANCE
  • 12 / Jun / 2013
    • PRINT NUMBER 1586A
  • 08 / Jan / 2014
    • REFERRED TO FINANCE

Summary

Relates to the definition of qualified agencies.

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Bill Details

See Assembly Version of this Bill:
A4415A
Versions:
S1586
S1586A
Legislative Cycle:
2013-2014
Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Amd §835, Exec L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S7005A, A10709
2009-2010: A11602

Sponsor Memo

BILL NUMBER:S1586A

TITLE OF BILL: An act to amend the executive law, in relation to the
definition of qualified agencies

PURPOSE OR GENERAL IDEA OF BILL: To authorize public defenders, legal
aid societies, and administrators of assigned counsel plans to have
access to the Division of Criminal Justice Services' New York State
criminal history records of clients represented by or who receive
representation through those entities.

SUMMARY OF SPECIFIC 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 New York
State criminal history database as authorized by subdivision 6 of
Executive Law section 837.

JUSTIFICATION: Agencies that are defined as "qualified agencies" under
Executive Law 5 835(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 New York State criminal history information of clients
represented by or who receive representation through those entities.

In order to provide effective representation, public defense attorneys
need to have ready access to criminal history reports of clients.
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.

PRIOR LEGISLATIVE HISTORY: S. 7005A of 2012 referred to Finance

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                 1586--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. GRISANTI, HASSELL-THOMPSON, KRUEGER, MARTINS, SAVINO
  -- read twice and ordered printed, and when printed to be committed to
  the  Committee  on  Finance  --  committee  discharged,  bill amended,
  ordered reprinted as amended and recommitted to said committee

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 sepa-
rately amended by chapters 14 and 155 of the laws of 2012, 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 financial frauds and consumer protection  unit  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 thirty of the public health law, the child protec-
tive 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, police  forces
and  departments  having  responsibility  for enforcement of the general
criminal laws of the state, the  Onondaga  County  Center  for  Forensic
Sciences  Laboratory when acting within the scope of its law enforcement
duties and the division  of  forensic  services  of  the  Nassau  county
medical  examiner's  office  when  acting  within  the  scope of its law
enforcement duties  AND  PUBLIC  DEFENDERS,  LEGAL  AID  SOCIETIES,  AND
ASSIGNED  COUNSEL ADMINISTRATORS WHEN RETRIEVING NEW YORK STATE CRIMINAL
HISTORY INFORMATION OF CLIENTS REPRESENTED BY OR WHO  RECEIVE  REPRESEN-
TATION THROUGH THOSE ENTITIES.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04673-04-3

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