senate Bill S2366

2011-2012 Legislative Session

Includes constables and police constables of a town or village within the definition of "qualified agencies"

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to finance
Jan 19, 2011 referred to finance

Co-Sponsors

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S2366 - Bill Details

See Assembly Version of this Bill:
A6164
Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Amd ยง835, Exec L
Versions Introduced in 2009-2010 Legislative Session:
S3061

S2366 - Bill Texts

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Includes constables and police constables of a town or village within the definition of "qualified agencies".

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BILL NUMBER:S2366

TITLE OF BILL:
An act to amend the executive law, in relation to including constables
and police constables of a town or village within the definition of
"qualified agencies"

PURPOSE:
This legislation would permit constables to
access criminal history and other pertinent information contained in the
Division for Criminal Justice Services' databases.

SUMMARY OF PROVISIONS:
The bill amends section 835(9) of the executive law to add
constables to the
list of "qualified agencies" that are permitted to access criminal
history information.

JUSTIFICATION:
Constables are peace officers who
perform important law enforcement services. Constables often conduct
traffic stops, answer calls for service and have powers of arrest as
well. Under current law, however, constables are not included in the
definition of "qualified agencies" in section 835 of the Executive Law,
thereby making them unable to access criminal history and other
pertinent information contained within the Division of Criminal Justice
Services' databases. In addition to thwarting their ability to
accomplish their law enforcement duties, the inability of constables to
access this important information may put the safety of constables and
others at greater risk, Constables should be provided with every
possible tool to allow them to carry out their duties as safely and
effectively as possible and this legislation would help to ensure that
constables are able to access criminal history and other necessary
information in order to continue to carry out their important law
enforcement duties in a safe and effective manner.

LEGISLATIVE HISTORY:
S.3061 of 2009-10; S.7900 of 2008

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

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

                                  2366

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 19, 2011
                               ___________

Introduced  by  Sens.  SEWARD,  BONACIC, JOHNSON, LARKIN, O'MARA -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Finance

AN  ACT  to amend the executive law, in relation to including constables
  and police constables of a town or village within  the  definition  of
  "qualified agencies"

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 9 of section  835  of  the  executive  law,  as
amended  by  section  39 of part A of chapter 56 of the laws of 2010, is
amended to read as follows:
  9. "Qualified agencies" means courts in the unified court system,  the
administrative  board of the judicial conference, probation departments,
sheriffs' offices, district attorneys' offices, the state department  of
correctional services, the department of correction of any municipality,
the  insurance  frauds  bureau of the state department of insurance, the
office of professional medical conduct of the state department of health
for the purposes of section two hundred thirty of the public health law,
the child protective services unit of a local social  services  district
when  conducting an investigation pursuant to subdivision six of section
four hundred twenty-four of the social services law, the office of Medi-
caid inspector general, the temporary state commission of investigation,
the criminal investigations bureau of  the  banking  department,  police
forces  and  departments  having  responsibility  for enforcement of the
general criminal laws of the state, CONSTABLES AND POLICE CONSTABLES  OF
A  TOWN  OR VILLAGE and the Onondaga County Center for Forensic Sciences
Laboratory when acting within the scope of its law enforcement duties.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05832-01-1

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