senate Bill S6040

2011-2012 Legislative Session

Allows a member of the Niagara county clerk's office to access mental hygiene records to assist in the firearm permit application investigation process

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


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

do you support this legislation?

You must fill out the form below in order to support or oppose this bill. X

You must login or fill out the fields below for the senator to have an accurate account of the support or opposition to this bill.

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.
Use this box to enter a message to your senator.

Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
May 07, 2012 advanced to third reading
May 02, 2012 2nd report cal.
May 01, 2012 1st report cal.645
Jan 04, 2012 referred to codes

Votes

view votes

May 1, 2012 - Codes committee Vote

S6040
12
1
committee
12
Aye
1
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

S6040 - Details

See Assembly Version of this Bill:
A8574
Law Section:
Penal Law
Laws Affected:
Amd ยง400.00, Pen L

S6040 - Summary

Allows a member of the Niagara county clerk's office to access mental hygiene records to assist in the firearm permit application investigation process.

S6040 - Sponsor Memo

S6040 - Bill Text download pdf

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

                                  6040

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2012
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT amending the penal law, in relation to allowing a member  of  the
  Niagara  county  clerk's  office  to  access mental health records for
  firearm license applications

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

  Section  1.  Subdivision  4  of  section  400.00  of the penal law, as
amended by chapter 331 of the  law  of  2005,  is  amended  to  read  as
follows:
  4.  Investigation.  Before a license is issued or renewed, there shall
be an investigation of all statements required in the application by the
duly constituted police authorities of the locality where such  applica-
tion is made. For that purpose, the records of the appropriate office of
the  department  of mental hygiene concerning previous or present mental
illness of the applicant shall be available for inspection by the inves-
tigating officer of the police authority OR IN  NIAGARA  COUNTY  RECORDS
MAY BE ACCESSED BY A CERTIFIED EMPLOYEE OF THE COUNTY CLERK'S OFFICE WHO
IS  AUTHORIZED  TO  ACCESS  CLINICAL  RECORDS IN ACCORDANCE WITH SECTION
33.13 OF THE MENTAL HYGIENE LAW. In  order  to  ascertain  any  previous
criminal  record,  the investigating officer shall take the fingerprints
and physical descriptive data in quadruplicate  of  each  individual  by
whom  the application is signed and verified. Two copies of such finger-
prints shall be taken on standard fingerprint cards eight inches square,
and one copy may be taken on a card supplied for  that  purpose  by  the
federal  bureau of investigation; provided, however, that in the case of
a corporate applicant that has already been issued a dealer in  firearms
license  and seeks to operate a firearm dealership at a second or subse-
quent location, the original fingerprints on file may be used to  ascer-
tain  any criminal record in the second or subsequent application unless
any of the corporate officers have changed since the prior  application,
in  which  case  the  new corporate officer shall comply with procedures
governing an initial application for such license. When  completed,  one

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. 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.