BILL NUMBER:  S5082              REPLACEMENT 4/30/09

 TITLE OF BILL :  An act to amend the executive law, in relation to
electronic equivalents of certain personal identification and criminal
history data

 PURPOSE :
To provide that digital or electronic representations of certain
personal identification data and criminal history records are
interchangeable with the physical counterparts of such items.

 SUMMARY OF PROVISIONS :
The bill amends section 837(7) of the Executive Law by adding a
provision that specifies that whenever any provision of law requires
or permits the submission, transmission, forwarding, retention, return
or destruction thereof, the terms "criminal record", "criminal history
record", "fingerprints", "fingerprint cards", "photographs",
"palmprints", "personal appearance data", "handwriting samples", and
"descriptive data" shall mean and include digital or electronic
images, impressions, representations or reproductions of such items.

 JUSTIFICATION :
As technology has evolved, the electronic collection, transfer and
storage digital identification and criminal history data has become
possible and increasingly more efficient. The New York State
Department of Criminal Justice Services and contributing agencies are
              

employing such technology. To build on this initiative, this bill
allows digital or electronic representations of certain personal
identification data and criminal history records to be interchangeable
with the physical counterparts of such items.

Since 9/11, the number of professions requiring criminal background
checks has expanded and some professions, like security guards,
require federal criminal history checks. Accurate and timely access to
criminal history information is important and technology can be a tool
to expedite the process. The use of digital and/or electronic data
will enhance the state's ability to collect, process and access
personal identification and criminal history information.

Local law enforcement agencies and other entities involved in the
collection and processing of fingerprints and personal identification
information may use electronic means for doing so, but they are not
required to do so for the purposes of this legislation.

 LEGISLATIVE HISTORY :
2006 - S.2578 Referred to the Finance Committee

 FISCAL IMPLICATIONS :
It is anticipated that to the extent the Division is able to eliminate
the receipt and storage of written documents, substantial saving will
be realized from enactment of the bill.

 EFFECTIVE DATE :
The bill takes effect immediately.