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

                                  3390

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 18, 2009
                               ___________

Introduced  by Sen. NOZZOLIO -- 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  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

              

S. 3390                             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.

S. 3390                             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.