NY State Senate Bill 2009-S5959

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to codes
Jun 19, 2009	referred to rules

2009-S5959 (ACTIVE) - Details

See Assembly Version of this Bill:: A7965
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Add §160.15, amd §§160.20 & 160.30, CP L; add §841-a, Fam Ct Act

2009-S5959 (ACTIVE) - Summary

Relates to fingerprinting of certain individuals under probation supervision.

2009-S5959 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5959

 TITLE OF BILL :

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


 PURPOSE :

This bill would ensure that all offenders sentenced to probation for
misdemeanor offenses or family offenses, as well as those accepted for
probation supervision pursuant to the Interstate Compact for Adult
Offender Supervision (ICAOS), would be fingerprinted.

 SUMMARY OF PROVISIONS :

Section 1 of the bill would add a new Criminal Procedure Law § 160.15
to require fingerprinting of all offenders sentenced to probation or
otherwise subject to probation supervision by criminal courts, and of
any out-of-state probationer accepted for probation supervision. A
police officer or probation officer or their respective agency would
be authorized to take these fingerprints, which would be processed
under the existing fingerprinting procedures already delineated in law
for other offenses.

Sections 2 and 3 of the bill would make conforming changes to Criminal
Procedure Law §§ 160.20 and 160.30. In addition, new language in
Criminal Procedure Law § 160.30 would create a statutory mechanism
whereby, except for an out-of-state probationer, fingerprint records
would be expunged for any individual whose fingerprints were taken for
a crime not listed in Criminal Procedure Law § 160.1 0(1) or pursuant
to Family Court Act § 841-a, upon verification that the individual is
no longer under probation supervision. The Division of Criminal
Justice Services (DCJS) would verify that the individual is no longer
under probation supervision and upon a positive verification, the
fingerprint, and any photograph or palm print would be destroyed and
the file sealed.

Section 4 of the bill would add a new Family Court Act § 841-a to
create identical fingerprinting requirements for individuals 16 years
of age or older who receive a disposition of probation from the Family
Court for a felony or misdemeanor constituting a family offense.

Section 5 of the bill sets forth the effective date.

 EXISTING LAW :

Criminal Procedure Law § 160.10 enumerates the circumstances under
which criminal defendants are fingerprinted and the duties of police
with respect to fingerprinting. Generally, under existing law, all
defendants charged with felonies must be fingerprinted, as must those
who are charged with misdemeanors that are: (1) defined in the Penal
Law; or (2) defined outside the Penal Law that would constitute a
felony if the defendant had a previous judgment of conviction for a
crime.

As a result, many non-Penal Law crimes, including certain Vehicle and
Traffic Law offenses and certain family offenses contained in Article
8 of the Family Court Act, are not fingerprintable. This means that
those convicted of such misdemeanor crimes as Aggravated Unlicensed
Operation of a Motor Vehicle, Reckless Driving, Leaving the Scene of
an Incident Without Reporting, and Animal Cruelty, and those
determined by a Family Court to have committed a family offense,
whether misdemeanor or felony, are not fingerprintable, even when they
receive a probation disposition. Further, many stalkers and domestic
violence predators are placed on probation supervision, yet are never
fingerprinted, and while on probation may be arrested for a new crime
without the probation department's knowledge or intervention.

 LEGISLATIVE HISTORY :

A similar bill (S.7409) passed the Senate in 2007 but did not pass in
the Assembly.

 STATEMENT IN SUPPORT :

Probation departments are hindered in their ability to effectively
monitor persons placed under their supervision because numerous
individuals placed under probation supervision are not legally subject
to fingerprinting. This bill would improve the administration of the
probation system in significant ways that are essential to ensuring
the safety of probation officers and the public. It would also ensure
that the courts have the necessary information to determine whether
probation supervision is an appropriate sentence in a particular case.

First, local probation departments cannot secure available criminal
history records of those they supervise when a probationer is
sentenced to supervision for a non-fingerprintable offense. This bill
would enable these probation departments to obtain those records and
would also ensure that courts are aware of an offender's previous
criminal record before imposing a sentence of probation supervision.

Second, requiring that all probationers be fingerprinted will ensure
that a local probation department will receive notice of a
probationer's subsequent arrest. Without fingerprinting, probation
departments will not receive critically valuable criminal "hit
notices" (advising of new arrests) from the New York State Police
Information Network (NYSPIN) and promptly have at their disposal the
means to learn about and question those under their supervision who
have been arrested for a fingerprintable offense.  Expanding the pool
of re-arrest notices generated through fingerprint records will enable
probation departments to immediately identify individuals who may
require intensive supervision, modified release conditions (e.g.,
electronic monitoring, drug testing) or other intermediate sanctions
to enforce mandatory and/or permissive conditions and prevent
revocation and risk of state or local incarceration.

Third, requiring that DCJS notify the local probation department of
the probationer's new arrest will ensure that the probation department
can fulfill its obligation to notify the court of a violation, and
enforce the conditions of the court's probation sentence. Persons
under probation supervision are required to adhere to their terms and
conditions of release, which include adherence to law-abiding
behavior.  Criminal Procedure Law § 410.10(2) provides that commission
of an additional offense, other than a traffic infraction, after
imposition of a sentence of probation constitutes a ground for
revocation of such sentence. Uniform Rules of the Family Court
governing family offenses also require probation conditions relating
to good conduct.  Thus, it is consistent with offender accountability
and public protection for probation departments and the courts - to
have the ability to receive prompt notification of alleged probationer
misconduct while under probation supervision.

To address long-term stigmatization concerns with respect to
maintaining fingerprints of individuals whose crime of conviction is
not currently a fingerprintable offense, this proposal establishes a
mechanism whereby the fingerprint record will be expunged upon
verification that the individual is no longer under probation
supervision.

It is fair, reasonable and consistent with public safety and offender
accountability to clarify that out-of-state probationers accepted for
probation supervision in New York State under the Interstate Compact
for Adult Offender Supervision are routinely subject to
fingerprinting.

 BUDGET IMPLICATIONS :

Requiring fingerprinting of these additional offenders may create
modest costs for DCJS, which it can handle within existing resources.

 EFFECTIVE DATE :
This bill would take effect 180 days after it becomes a law, and would
apply to all individuals under probation supervision on that date.

2009-S5959 (ACTIVE) - Bill Text download pdf

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

                                  5959

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 19, 2009
                               ___________

Introduced  by  Sen.  SCHNEIDERMAN  --  (at  request  of the Division of
  Probation and Correctional Alternatives) --  read  twice  and  ordered
  printed, and when printed to be committed to the Committee on Rules

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

S. 5959                             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.

S. 5959                             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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S5959

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

2009-S5959 (ACTIVE) - Details

2009-S5959 (ACTIVE) - Summary

2009-S5959 (ACTIVE) - Sponsor Memo

2009-S5959 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5959

Share this bill

Sponsored By

Eric T. Schneiderman

Archive: Last Bill Status - In Senate Committee Codes Committee

2009-S5959 (ACTIVE) - Details

2009-S5959 (ACTIVE) - Summary

2009-S5959 (ACTIVE) - Sponsor Memo

2009-S5959 (ACTIVE) - Bill Text download pdf

Comments