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

                                  7965

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 29, 2009
                               ___________

Introduced  by  M.  of  A.  LENTOL  --  (at  request  of the Division of
  Probation and Correctional Alternatives) -- read once and referred  to
  the Committee on Codes

AN  ACT to amend the criminal procedure law and the family court act, in
  relation to fingerprinting  of  certain  individuals  under  probation
  supervision

  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 160.15 to read as follows:
S 160.15 FINGERPRINTING  OF  CERTAIN  INDIVIDUALS UNDER PROBATION SUPER-
           VISION.
  1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AN OUT-OF-STATE  PROBA-
TIONER ACCEPTED FOR PROBATION SUPERVISION IN ACCORDANCE WITH SECTION TWO
HUNDRED  FIFTY-NINE-MM OF THE EXECUTIVE LAW AND ANY DEFENDANT, INCLUDING
A YOUTHFUL OFFENDER, ELIGIBLE AND SENTENCED TO PROBATION BY  A  CRIMINAL
COURT  OR  OTHERWISE  RELEASED  BY  A CRIMINAL COURT TO PROBATION SUPER-
VISION, SHALL BE FINGERPRINTED BY A POLICE OFFICER OR PROBATION  OFFICER
OR  THEIR  RESPECTIVE  AGENCY.  WHENEVER FINGERPRINTS ARE REQUIRED TO BE
TAKEN PURSUANT TO THIS SECTION, THE PHOTOGRAPH OR  PALM  PRINT  OF  SUCH
PROBATIONERS MAY ALSO BE TAKEN.
  2.  THE  TAKING  OF FINGERPRINTS AS PRESCRIBED IN THIS SECTION AND THE
SUBMISSION OF AVAILABLE  INFORMATION  CONCERNING  THE  INDIVIDUAL  UNDER
PROBATION  SUPERVISION  MUST  BE IN ACCORDANCE WITH THE STANDARDS ESTAB-
LISHED BY THE COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES.
SUCH DIVISION SHALL ENSURE LOCAL PROBATION RECEIVES NOTIFICATION OF  ANY
SUBSEQUENT   FINGERPRINTABLE  ARRESTS  OF  THE  INDIVIDUAL  WHILE  UNDER
PROBATION SUPERVISION.
  3. UPON RECEIPT OF A  REPORT  OF  THE  DIVISION  OF  CRIMINAL  JUSTICE
SERVICES  AS PROVIDED IN SECTION 160.30 OF THIS ARTICLE, WITH RESPECT TO
AN INDIVIDUAL REQUIRING FINGERPRINTING PURSUANT TO  SUBDIVISION  ONE  OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07196-02-9
              

A. 7965                             2

THIS SECTION, THE RECIPIENT POLICE OFFICER OR PROBATION OFFICER OR THEIR
RESPECTIVE  AGENCY SHALL PROMPTLY TRANSMIT SUCH REPORT OR A COPY THEREOF
TO THE APPROPRIATE PROBATION OFFICER  WITHIN  THE  PROBATION  DEPARTMENT
RESPONSIBLE  FOR  SUPERVISION, WHERE SUCH PROBATION OFFICER OR PROBATION
DEPARTMENT WAS NOT THE EARLIER RECIPIENT OF THIS INFORMATION.
  S 2. Section 160.20 of the criminal procedure law, as amended by chap-
ter 108 of the laws of 1973, is amended to read as follows:
S 160.20  Fingerprinting; forwarding of fingerprints.
  Upon the taking of fingerprints of an arrested person or defendant  as
prescribed  in  section  160.10  OF  THIS  ARTICLE  OR ANY INDIVIDUAL AS
PRESCRIBED IN SECTION 160.15 OF THIS  ARTICLE,  the  appropriate  police
officer  or  PROBATION  OFFICER  OR THEIR RESPECTIVE agency must without
unnecessary delay forward two copies of such fingerprints to  the  divi-
sion of criminal justice services.
  S 3. Section 160.30 of the criminal procedure law, as amended by chap-
ter  399 of the laws of 1972 and subdivision 1 as amended by chapter 920
of the laws of 1982, is amended to read as follows:
S  160.30  Fingerprinting;  duties  of  division  of  criminal   justice
             services.
  1.  Upon receiving fingerprints from a police officer, PROBATION OFFI-
CER or THEIR RESPECTIVE agency pursuant to section 160.20 of this [chap-
ter]  ARTICLE  OR  SECTION EIGHT HUNDRED FORTY-ONE-A OF THE FAMILY COURT
ACT, the division of criminal justice services must, except as  provided
in subdivision two of this section, classify them and search its records
for  information  concerning a previous record of the defendant OR INDI-
VIDUAL UNDER PROBATION SUPERVISION,  including  any  adjudication  as  a
juvenile  delinquent  pursuant to article three of the family court act,
or as a youthful offender pursuant to article seven  hundred  twenty  of
this  chapter,  and promptly transmit to such forwarding police officer,
PROBATION OFFICER, or THEIR RESPECTIVE agency a  report  containing  all
information on file with respect to such defendant's OR INDIVIDUAL UNDER
PROBATION  SUPERVISION'S  previous  record,  if any, or stating that the
defendant OR INDIVIDUAL UNDER  PROBATION  SUPERVISION  has  no  previous
record according to its files.  Such a report, if certified, constitutes
presumptive evidence of the facts so certified.
  2.    If  the fingerprints so received are not sufficiently legible to
permit accurate and complete classification, they must  be  returned  to
the forwarding police officer, PROBATION OFFICER, or TO THEIR RESPECTIVE
agency with an explanation of the defects and a request that the defend-
ant's  OR  THE  INDIVIDUAL UNDER PROBATION SUPERVISION'S fingerprints be
retaken if possible.
  3. WITH THE EXCEPTION OF AN OUT-OF-STATE PROBATIONER, WHERE ANY  INDI-
VIDUAL  UNDER  PROBATION SUPERVISION HAS HAD FINGERPRINTS TAKEN PURSUANT
TO SECTION 160.15 OF THIS CHAPTER FOR A CRIME NOT LISTED IN  SUBDIVISION
ONE  OF  SECTION  160.10  OF  THIS  CHAPTER OR PURSUANT TO SECTION EIGHT
HUNDRED FORTY-ONE-A OF THE FAMILY COURT ACT, AND SUCH INDIVIDUAL  IS  NO
LONGER  UNDER  PROBATION  SUPERVISION,  EXPUNGEMENT  OF  THE FINGERPRINT
RECORDS SHALL OCCUR BY THE DIVISION  UPON  DOCUMENTATION  SUFFICIENT  TO
SUBSTANTIATE  THAT  THE  INDIVIDUAL  IS NO LONGER UNDER PROBATION SUPER-
VISION. THE DIVISION SHALL VERIFY THAT THE INDIVIDUAL IS NO LONGER UNDER
PROBATION SUPERVISION AND IF NEEDED USE  COMPUTERIZED  DATABASES  WITHIN
THE  AUTHORITY  OF THE DIVISION FOR SUCH PURPOSES. IF THE DIVISION VERI-
FIES THAT THE INDIVIDUAL IS NO LONGER UNDER  PROBATION  SUPERVISION,  IT
SHALL  DESTROY SUCH FINGERPRINTS AND ANY PHOTOGRAPH OR PALM PRINT TAKEN.
AFTER COMPLETION OF ALL ACTIVITIES  BY  THE  DIVISION  RELATED  TO  THIS
EXPUNGEMENT, THE FILE SHALL BE SEALED.

A. 7965                             3

  S  4. The family court act is amended by adding a new section 841-a to
read as follows:
  S  841-A. FINGERPRINTING OF CERTAIN INDIVIDUALS UNDER PROBATION SUPER-
VISION. (A) NOTWITHSTANDING ANY  OTHER  PROVISION  OF  LAW,  ANY  PERSON
SIXTEEN  YEARS OF AGE OR OLDER, WHERE THE UNDERLYING FAMILY OFFENSE IS A
MISDEMEANOR OR FELONY, WHO HAS  RECEIVED  A  DISPOSITION  OF  PROBATION,
SHALL BE FINGERPRINTED BY A POLICE OFFICER OR PROBATION OFFICER OR THEIR
RESPECTIVE  AGENCY.    WHENEVER  FINGERPRINTS  ARE  REQUIRED TO BE TAKEN
PURSUANT TO THIS SECTION, THE PHOTOGRAPH OR PALM PRINT  OF  SUCH  PROBA-
TIONER MAY ALSO BE TAKEN.
  (B)  THE  TAKING OF FINGERPRINTS AS PRESCRIBED IN THIS SECTION AND THE
SUBMISSION OF AVAILABLE INFORMATION CONCERNING THE PROBATIONER  MUST  BE
IN  ACCORDANCE WITH THE STANDARDS ESTABLISHED BY THE COMMISSIONER OF THE
DIVISION OF CRIMINAL JUSTICE SERVICES. THE DIVISION SHALL  ENSURE  LOCAL
PROBATION   RECEIVES  NOTIFICATION  OF  ANY  SUBSEQUENT  FINGERPRINTABLE
ARRESTS OF THE INDIVIDUAL UNDER PROBATION SUPERVISION.
  (C) UPON THE TAKING OF FINGERPRINTS OF A PROBATIONER, THE  APPROPRIATE
POLICE  OFFICER  OR  PROBATION  OFFICER  OR THEIR RESPECTIVE AGENCY MUST
WITHOUT UNNECESSARY DELAY FORWARD TWO COPIES OF SUCH FINGERPRINTS TO THE
DIVISION OF CRIMINAL JUSTICE SERVICES.
  (D) UPON RECEIPT OF A REPORT  OF  THE  DIVISION  OF  CRIMINAL  JUSTICE
SERVICES  AS  PROVIDED  IN SECTION 160.30 OF THE CRIMINAL PROCEDURE LAW,
WITH RESPECT TO  AN  INDIVIDUAL  REQUIRING  FINGERPRINTING  PURSUANT  TO
SUBDIVISION  (A)  OF  THIS  SECTION,  THE  RECIPIENT  POLICE  OFFICER OR
PROBATION OFFICER OR THEIR RESPECTIVE AGENCY MUST PROMPTLY TRANSMIT SUCH
REPORT OR A COPY THEREOF TO THE APPROPRIATE PROBATION OFFICER WITHIN THE
PROBATION DEPARTMENT RESPONSIBLE FOR SUPERVISION, WHERE  SUCH  PROBATION
OFFICER  OR  PROBATION  DEPARTMENT WAS NOT THE EARLIER RECIPIENT OF THIS
INFORMATION.
  S 5. This act shall take effect on the one hundred eightieth day after
it shall have  become  a  law  and  shall  apply  to  individuals  under
probation supervision on or after such date.