S T A T E O F N E W Y O R K
________________________________________________________________________
4690
2009-2010 Regular Sessions
I N A S S E M B L Y
February 5, 2009
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Introduced by M. of A. MORELLE, OAKS -- read once and referred to the
Committee on Codes
AN ACT to amend the criminal procedure law and the general municipal
law, in relation to background checks for peace officers and police
officers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The criminal procedure law is amended by adding a new
section 2.40 to read as follows:
S 2.40 BACKGROUND CHECKS.
1. FOR PURPOSES OF PERFORMING A THOROUGH BACKGROUND INVESTIGATION FOR
APPLICANTS FOR A PROSPECTIVE PEACE OFFICER, AN EMPLOYER SHALL DISCLOSE
EMPLOYMENT INFORMATION RELATING TO A CURRENT OR FORMER EMPLOYEE, UPON
REQUEST OF A LAW ENFORCEMENT AGENCY, IF ALL OF THE FOLLOWING CONDITIONS
ARE MET:
(A) THE REQUEST IS MADE IN WRITING;
(B) THE REQUEST IS ACCOMPANIED BY A NOTARIZED AUTHORIZATION BY THE
APPLICANT RELEASING THE EMPLOYER OF LIABILITY; AND
(C) THE REQUEST AND THE AUTHORIZATION ARE PRESENTED TO THE EMPLOYER BY
A SWORN OFFICER OR OTHER REPRESENTATIVE OF THE EMPLOYING LAW ENFORCEMENT
AGENCY.
2. NO EMPLOYER ACTING REASONABLY AND IN GOOD FAITH SHALL BE LIABLE FOR
ANY ACT OR OMISSION RELATED TO THE RELEASE OF EMPLOYMENT INFORMATION
REQUIRED PURSUANT TO THIS SECTION. NOTHING IN THIS SECTION IS INTENDED
TO, NOR DOES IT IN ANY WAY OR MANNER, ABROGATE OR LESSEN THE EXISTING
COMMON LAW OR STATUTORY PRIVILEGES AND IMMUNITIES OF AN EMPLOYER.
3. FOR PURPOSES OF THIS SECTION, "EMPLOYMENT INFORMATION" INCLUDES
WRITTEN INFORMATION IN CONNECTION WITH JOB APPLICATIONS, PERFORMANCE
EVALUATIONS, ATTENDANCE RECORDS, DISCIPLINARY ACTIONS, ELIGIBILITY FOR
REHIRE, AND OTHER INFORMATION RELEVANT TO PEACE OFFICER PERFORMANCE,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00678-01-9
A. 4690 2
EXCEPT INFORMATION PROHIBITED FROM DISCLOSURE BY ANY OTHER STATE OR
FEDERAL LAW OR REGULATION.
4. AN EMPLOYER'S REFUSAL TO DISCLOSE INFORMATION TO A LAW ENFORCEMENT
AGENCY IN ACCORDANCE WITH THIS SECTION SHALL CONSTITUTE GROUNDS FOR
CIVIL ACTION FOR INJUNCTIVE RELIEF REQUIRING DISCLOSURE ON THE PART OF
AN EMPLOYER.
5. EMPLOYMENT INFORMATION DISCLOSED BY AN EMPLOYER TO AN INITIAL
REQUESTING LAW ENFORCEMENT AGENCY SHALL BE DEEMED CONFIDENTIAL. HOWEVER,
THE INITIAL REQUESTING LAW ENFORCEMENT AGENCY MAY DISCLOSE THIS INFORMA-
TION TO ANOTHER AUTHORIZED LAW ENFORCEMENT AGENCY THAT IS ALSO CONDUCT-
ING A PEACE OFFICER BACKGROUND INVESTIGATION. WHENEVER THIS INFORMATION
IS DISCLOSED TO ANOTHER LAW ENFORCEMENT AGENCY, THAT AGENCY SHALL
UTILIZE THE INFORMATION FOR INVESTIGATIVE LEADS ONLY AND THE INFORMATION
SHALL BE INDEPENDENTLY VERIFIED BY THAT AGENCY IN ORDER TO BE USED IN
DETERMINING THE SUITABILITY OF A PEACE OFFICER APPLICANT.
6. AN EMPLOYER MAY CHARGE REASONABLE FEES TO COVER ACTUAL COSTS
INCURRED IN COPYING AND FURNISHING DOCUMENTS TO LAW ENFORCEMENT AGENCIES
AS REQUIRED BY THIS SECTION.
S 2. The general municipal law is amended by adding a new section
209-qq to read as follows:
S 209-QQ. BACKGROUND CHECKS; POLICE OFFICERS. 1. FOR PURPOSES OF
PERFORMING A THOROUGH BACKGROUND INVESTIGATION FOR APPLICANTS FOR A
PROSPECTIVE POLICE OFFICER, AN EMPLOYER SHALL DISCLOSE EMPLOYMENT INFOR-
MATION RELATING TO A CURRENT OR FORMER EMPLOYEE, UPON REQUEST OF A LAW
ENFORCEMENT AGENCY, IF ALL OF THE FOLLOWING CONDITIONS ARE MET:
(A) THE REQUEST IS MADE IN WRITING;
(B) THE REQUEST IS ACCOMPANIED BY A NOTARIZED AUTHORIZATION BY THE
APPLICANT RELEASING THE EMPLOYER OF LIABILITY; AND
(C) THE REQUEST AND THE AUTHORIZATION ARE PRESENTED TO THE EMPLOYER BY
A SWORN OFFICER OR OTHER REPRESENTATIVE OF THE EMPLOYING LAW ENFORCEMENT
AGENCY.
2. NO EMPLOYER ACTING REASONABLY AND IN GOOD FAITH SHALL BE LIABLE FOR
ANY ACT OR OMISSION RELATED TO THE RELEASE OF EMPLOYMENT INFORMATION
REQUIRED PURSUANT TO THIS SECTION. NOTHING IN THIS SECTION IS INTENDED
TO, NOR DOES IT IN ANY WAY OR MANNER, ABROGATE OR LESSEN THE EXISTING
COMMON LAW OR STATUTORY PRIVILEGES AND IMMUNITIES OF AN EMPLOYER.
3. FOR PURPOSES OF THIS SECTION, "EMPLOYMENT INFORMATION" INCLUDES
WRITTEN INFORMATION IN CONNECTION WITH JOB APPLICATION, PERFORMANCE
EVALUATIONS, ATTENDANCE RECORDS, DISCIPLINARY ACTIONS, ELIGIBILITY FOR
REHIRE, AND OTHER INFORMATION RELEVANT TO POLICE OFFICER PERFORMANCE,
EXCEPT INFORMATION PROHIBITED FROM DISCLOSURE BY ANY OTHER STATE OR
FEDERAL LAW OR REGULATION.
4. AN EMPLOYER'S REFUSAL TO DISCLOSE INFORMATION TO A LAW ENFORCEMENT
AGENCY IN ACCORDANCE WITH THIS SECTION SHALL CONSTITUTE GROUNDS FOR
CIVIL ACTION FOR INJUNCTIVE RELIEF REQUIRING DISCLOSURE ON THE PART OF
AN EMPLOYER.
5. EMPLOYMENT INFORMATION DISCLOSED BY AN EMPLOYER TO AN INITIAL
REQUESTING LAW ENFORCEMENT AGENCY SHALL BE DEEMED CONFIDENTIAL. HOWEVER,
THE INITIAL REQUESTING LAW ENFORCEMENT AGENCY MAY DISCLOSE THIS INFORMA-
TION TO ANOTHER AUTHORIZED LAW ENFORCEMENT AGENCY THAT IS ALSO CONDUCT-
ING A POLICE OFFICER BACKGROUND INVESTIGATION. WHENEVER THIS INFORMATION
IS DISCLOSED TO ANOTHER LAW ENFORCEMENT AGENCY, THAT AGENCY SHALL
UTILIZE THE INFORMATION FOR INVESTIGATIVE LEADS ONLY AND THE INFORMATION
SHALL BE INDEPENDENTLY VERIFIED BY THAT AGENCY IN ORDER TO BE USED IN
DETERMINING THE SUITABILITY OF A POLICE OFFICER APPLICANT.
A. 4690 3
6. AN EMPLOYER MAY CHARGE REASONABLE FEES TO COVER ACTUAL COSTS
INCURRED IN COPYING AND FURNISHING DOCUMENTS TO LAW ENFORCEMENT AGENCIES
AS REQUIRED BY THIS SECTION.
S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.