senate Bill S1423

2011-2012 Legislative Session

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

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Sponsored By

Archive: Last Bill Status -

  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to codes
returned to senate
died in assembly
Feb 14, 2011 referred to codes
delivered to assembly
passed senate
Feb 08, 2011 advanced to third reading
Feb 07, 2011 2nd report cal.
Feb 01, 2011 1st report cal.62
Jan 07, 2011 referred to codes


S1423 - Details

Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§160.50 & 160.55, CP L; amd §296, Exec L
Versions Introduced in 2009-2010 Legislative Session:

S1423 - Summary

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

S1423 - Sponsor Memo

S1423 - Bill Text download pdf

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


                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 7, 2011

Introduced  by  Sens.  GOLDEN, LARKIN -- 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-


  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
with a copy of all records obtained under this paragraph and afforded an

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


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