S T A T E O F N E W Y O R K
________________________________________________________________________
2555
2009-2010 Regular Sessions
I N A S S E M B L Y
January 20, 2009
___________
Introduced by M. of A. GANTT -- read once and referred to the Committee
on Governmental Operations
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 chapter 602 of the laws of 2008, 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 state division of probation, 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 twen-
ty-four of the social services law, the office of Medicaid 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 crimi-
nal laws of the state and the Onondaga County Center for Forensic
Sciences Laboratory when acting within the scope of its law enforcement
duties AND ANY LEGAL AID SOCIETY OR A LEGAL SERVICES OR OTHER NONPROFIT
ORGANIZATION, WHICH HAS AS ITS PRIMARY PURPOSE THE FURNISHING OF LEGAL
SERVICES TO INDIGENT PERSONS, OR BY PRIVATE COUNSEL WORKING ON BEHALF OF
OR UNDER THE AUSPICES OF SUCH SOCIETY OR ORGANIZATION PROVIDED THAT A
DETERMINATION HAS BEEN MADE BY SUCH SOCIETY, ORGANIZATION OR ATTORNEY
THAT SUCH PARTY IS UNABLE TO PAY THE COSTS, FEES AND EXPENSES NECESSARY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06010-01-9
A. 2555 2
TO OBTAIN THE INDIGENT CLIENT'S RECORD AND PROVIDED THE LEGAL AID SOCIE-
TY OR A LEGAL SERVICES OR OTHER NONPROFIT ORGANIZATION OR BY PRIVATE
COUNSEL WORKING ON BEHALF OF OR UNDER THE AUSPICES OF SUCH SOCIETY OR
ORGANIZATION IS OBTAINING THE RECORD FOR AN INDIVIDUAL WHO HAS AUTHOR-
IZED THE SOCIETY, ORGANIZATION, OR INDIVIDUAL UNDER AUSPICES OF SUCH FOR
THE PURPOSE OF ASCERTAINING THE INDIVIDUAL'S RECORD, CORRECTING AND/OR
SEALING ANY ELIGIBLE INFORMATION, AND/OR APPLYING FOR CERTIFICATES OF
RELIEF FROM DISABILITY OR CERTIFICATES OF GOOD CONDUCT.
S 2. This act shall take effect immediately.