NY State Senate Bill 2009-S2101

Senate Bill S2101

2009-2010 Legislative Session

Permits disclosure of arrest and prosecution records of applicants for employment in police departments and law enforcement agencies

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Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to codes
Feb 11, 2009	referred to codes

co-Sponsors

2009-S2101 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§160.50 & 160.55, CP L; amd §296, Exec L
Versions Introduced in 2011-2012 Legislative Session:: S1423

2009-S2101 (ACTIVE) - Summary

Permits disclosure of arrest and prosecution records of applicants for employment by police departments and other law enforcement agencies.

2009-S2101 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2101

 TITLE OF BILL :

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
agencies


 PURPOSE :

To allow the disclosure of criminal histories of all applicants for
employment by police departments and other law enforcement agencies.

 SUMMARY OF PROVISIONS :

This bill amends Criminal Procedure Law §§ 160.50(d) and 160.55 (d) as
well as Executive Law Section 296 (16) to allow the disclosure of
criminal histories of all applicants for employment by police
departments and other law enforcement agencies. The amendments to the
Criminal Procedure Law allow for unsealing of criminal histories for
the purpose of investigating applicants for law enforcement positions.
The companion amendment to the Executive Law removes as an unlawful
discriminatory practice under Section 296 (16) inquiries made by a
police department or law enforcement agency regarding the criminal

history of an applicant for a position with such department or agency.

 JUSTIFICATION :

It is vitally important that police departments and other law
enforcement agencies have the ability to conduct thorough background
checks on potential employees. Current law provides an ability to do
so when the applicant is a potential police officer or peace officer,
pursuant to Criminal Procedure Law § 160.50(d). Law enforcement
agencies may in that instance receive criminal histories that include
sealed cases terminated in favor of the accused.

However, under current law, no such ability exists when the case was
sealed under the provisions of Criminal Procedure Law § 160.55, after
a conviction of a non-criminal offense. This anomalous result, where
law enforcement is authorized to obtain records of sealed acquittals
but not sealed convictions, must be corrected.

Further, in neither case are the records of potential civilian
employees of law enforcement agencies made available. Employment by a
police agency is by definition sensitive in nature. Civilian employees
may have access to highly confidential information and, may occupy
positions of trust, with the availability to take enforcement action
or make decisions affecting agency operations and policy. police
agencies are responsible for both conventional crime fighting and
counter terrorism efforts, and it is vitally important that as much
information be obtained about potential employees as possible, in al
ranks and for all purposes, before a law enforcement agency entrusts
them with responsibility for public safety.

 LEGISLATIVE HISTORY :

2007-2008: S.4268A - Referred to Codes, Passed Senate

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
90 days after it shall have become law.

2009-S2101 (ACTIVE) - Bill Text download pdf

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

                                  2101

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 11, 2009
                               ___________

Introduced  by  Sens.  GOLDEN, LANZA, MORAHAN, PADAVAN -- 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08305-01-9

S. 2101                             2

with a copy of all records obtained under this paragraph and afforded an
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 169 of the laws of 1994, 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)  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 CHAPTER, IN RELATION TO AN APPLICA-
TION 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 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 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; and
  S 3. Subdivision 16 of section 296 of the executive law, as amended by
chapter 639 of the laws of 2007, 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
for a violation sealed pursuant to section 160.55 of the criminal proce-

S. 2101                             3

dure law in connection with the licensing, employment  or  providing  of
credit  or  insurance  to  such  individual; provided, however, that the
provisions hereof shall not apply to the licensing activities of govern-
mental  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 subdivi-
sions 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  DEPARTMENT  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 proce-
dure law.
  S  4.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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Senate Bill S2101

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Sponsored By

Martin J. Golden