|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|
senate Bill S6040
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S6040 - Details
- See Assembly Version of this Bill:
- Current Committee:
- Law Section:
- Penal Law
- Laws Affected:
- Amd §400.00, 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
BILL NUMBER:S6040 TITLE OF BILL: 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 PURPOSE OR GENERAL IDEA OF BILL: To allow the Niagara County Clerk's office to access mental hygiene records to assist in the firearm permit application investigation process. Access will only be granted to a certified employee of the Niagara County Clerk's office who is authorized to access clinical records in accordance with section 33.13 of the Mental Hygiene Law. SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill amends subdivision 4 of Section 400.00 of the Penal Law to empower an authorized member of the Niagara County Clerk's office to access the appropriate records of the Office of Mental Health concerning previous or present mental illness of an applicant for a firearms license. Section 2 of the bill is the effective date.
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
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.