senate Bill S6280A

Signed By Governor
2011-2012 Legislative Session

Includes the division of forensic services of the Nassau county medical examiner's office in the definition of "qualified agencies"

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Sponsored By

Archive: Last Bill Status - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 17, 2012 signed chap.14
Feb 06, 2012 delivered to governor
returned to senate
passed assembly
ordered to third reading cal.329
substituted for a9098
Jan 31, 2012 referred to codes
delivered to assembly
passed senate
Jan 30, 2012 advanced to third reading
Jan 24, 2012 2nd report cal.
amended (t) 6280a
Jan 23, 2012 1st report cal.105
Jan 19, 2012 referred to codes

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S6280 - Bill Details

See Assembly Version of this Bill:
A9098
Law Section:
Executive Law
Laws Affected:
Amd §835, Exec L

S6280 - Bill Texts

view summary

Includes the division of forensic services of the Nassau county medical examiner's office in the definition of "qualified agencies".

view sponsor memo
BILL NUMBER:S6280

TITLE OF BILL:
An act
to amend the executive law, in relation to extending access to criminal
information

PURPOSE: To permit the Nassau County Medical
Examiner's office, when
acting within the scope of its law enforcement duties, to access
information contained in the Division of Criminal Justice Services'
databases, including but not limited to criminal records, personal
appearance data, fingerprints, photographs, and handwriting samples.

SUMMARY OF PROVISIONS: Section one of the bill adds
the Nassau County
Medical Examiner's Office, when acting within the scope of its law
enforcement duties, to the definition of "qualified agencies" under
§835, subsection 9 of Executive Law.

Section 2 of the bill provides for an immediate effective date.

EXISTING LAW: Executive Law §835, subsection 9
currently contains the
list of all agencies qualified for purposes of Article 35 of the
Executive Law.

LEGISLATIVE HISTORY: New Bill.

JUSTIFICATION: In the past decade, the expansion,
advancement, and use
of forensic science has become critically important to all law
enforcement agencies and to public safety in New York State. In 1994,
New York State created the New York State Commission on Forensic
Science to ensure consistency and integrity in forensic sciences.
Article 49-B of the Executive Law provides that the Commission shall
develop minimum standards and a program of accreditation for all
forensic laboratories in NYS, including establishing minimum
qualification for forensic laboratory directors and such other
personnel as the Commission may determine to be necessary and
appropriate of forensic laboratories for the performance of specific
forensic methodologies. The minimum standards and program of
accreditation shall be designed to accomplish the following objectives:

1. Increase and maintain the effectiveness, efficiency, reliability,
and accuracy of forensic laboratories;

2. Ensure that forensic analyses are performed in accordance with the
highest scientific standards practicable; and

3. Promote increased cooperation and coordination among forensic
laboratories and other agencies in the criminal justice system.

It is important to note that Executive Law §835 was drafted and passed
when forensic services, particularly latent print comparisons, were
exclusively performed by police agencies. However, the ability of the
Nassau County Forensic Evidence Bureau, which is part of the police


department, was recently called into question. Thus, all lab work,
including latents, is going to be transferred to a new lab under the
jurisdiction of the Medical Examiner's Office. The Nassau County
Medical Examiner's Office is in the process of seeking provisional
accreditation from the NYS Commission on Forensic Science in order to
be able to conduct latent print analysis in the laboratory.

Currently, the Medical Examiner's Office is unable to access the SABIS
system in order to conduct latent print comparisons since it is not
included within the definition of a "qualified agency" under
Executive Law §835(9). The exclusion of the Medical Examiner's Office
from this definition results in its inability to access databases
maintained by the Division of Criminal Justice Services, including
criminal records, personal appearance data, fingerprints,
photographs, and handwriting samples.

By specifically including the Nassau County Medical Examiner's Office,
when acting with the scope of its law enforcement duties, in the
definition of "qualified agencies", the Office would have access to
additional information that would enable it to assist law enforcement
agencies in the administration of justice in Nassau County.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.

EFFECTIVE DATE:
Immediately.

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

                                  6280

                            I N  S E N A T E

                            January 19, 2012
                               ___________

Introduced by Sens. FUSCHILLO, MARCELLINO, MARTINS, SKELOS -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Codes

AN  ACT  to  amend the executive law, in relation to extending access to
  criminal information

  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 102 of subpart B of part C of chapter 62 of the  laws
of 2011 and as further amended by section 104 of part A of chapter 62 of
the laws of 2011, 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
corrections and community supervision, the department of  correction  of
any municipality, the insurance frauds bureau of the state department of
financial  services,  the  office of professional medical conduct of the
state department of health for the purposes of section two hundred thir-
ty 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 Medicaid inspector  general,  the  temporary
state commission of investigation, the criminal investigations bureau of
the  department  of  financial  services,  police forces and departments
having responsibility for enforcement of the general  criminal  laws  of
the  state [and], the Onondaga County Center for Forensic Sciences Labo-
ratory when acting within the scope of its law  enforcement  duties  AND
THE NASSAU COUNTY MEDICAL EXAMINER'S OFFICE 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.
                                                           LBD13868-01-2

Co-Sponsors

S6280A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A9098
Law Section:
Executive Law
Laws Affected:
Amd §835, Exec L

S6280A (ACTIVE) - Bill Texts

view summary

Includes the division of forensic services of the Nassau county medical examiner's office in the definition of "qualified agencies".

view sponsor memo
BILL NUMBER:S6280A

TITLE OF BILL:
An act
to amend the executive law, in relation to including the division of
forensic services of the Nassau county medical examiner's office in the
definition of qualified agencies

PURPOSE:
To permit the Nassau County Medical Examiner's office, when
acting within the scope of its law enforcement duties, to access
information contained in the Division of Criminal Justice Services'
databases, including but not limited to criminal records, personal
appearance data, fingerprints, photographs, and handwriting samples.

SUMMARY OF PROVISIONS:
Section one of the bill adds the Nassau County
Medical Examiner's Office, when acting within the scope of its law
enforcement duties, to the definition of "qualified agencies" under
§835, subsection 9 of the Executive Law.

Section 2 of the bill provides for an immediate effective date.

EXISTING LAW:
Executive Law §835, subsection 9 currently contains the
list of all agencies qualified for purposes of Article 35 of the
Executive Law.

LEGISLATIVE HISTORY:
New Bill.

JUSTIFICATION:
In the past decade, the expansion, advancement, and use
of forensic science has become critically important to all law
enforcement agencies and to public safety in New York State. In 1994,
New York State created the New York State Commission on Forensic
Science to ensure consistency and integrity in forensic sciences.
Article 49-B of the Executive Law provides that the Commission shall
develop minimum standards and a program of accreditation for all
forensic laboratories in NYS, including establishing minimum
qualifications for forensic laboratory directors and such other
personnel as the Commission may determine to be necessary and
appropriate for forensic laboratories for the performance of specific
forensic methodologies. The minimum standards and program of
accreditation shall be designed to accomplish the following objectives:

1. Increase and maintain the effectiveness, efficiency, reliability,
and accuracy of forensic laboratories;

2. Ensure that forensic analyses are performed in accordance with the
highest scientific standards practicable;
and

3. Promote increased cooperation and coordination among forensic
laboratories and other agencies in the criminal justice system.

It is important to note that Executive Law §835 was drafted and passed
when forensic services, particularly latent print comparisons, were
exclusively performed by police agencies. However, the ability of the
Nassau County Forensic Evidence Bureau, which is part of the police
department, was recently called into question.
Thus, all lab work, including latents, is going to be transferred to a
new lab under the jurisdiction of the Medical Examiner's Office. The
Nassau County Medical Examiner's Office is in the process of seeking
provisional accreditation from the NYS Commission on Forensic Science
in order to be able to conduct latent print analysis in the laboratory.

Currently, the Medical Examiner's Office is unable to access the SABIS
system in order to conduct latent print comparisons since it is not
included within the definition of a "qualified agency" under
Executive Law §835(9). The exclusion of the Medical Examiner's Office
from this definition results in its inability to access databases
maintained by the Division of Criminal Justice Services, including
criminal records, personal appearance data, fingerprints,
photographs, and handwriting samples.

By specifically including the Nassau County Medical Examiner's Office,
when acting within the scope of its law enforcement duties, in the
definition of "qualified agencies", the Office would have access to
additional information that would enable it to assist law enforcement
agencies in the administration of justice in Nassau County.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6280--A
    Cal. No. 105

                            I N  S E N A T E

                            January 19, 2012
                               ___________

Introduced by Sens. FUSCHILLO, MARCELLINO, MARTINS, SKELOS -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on  Codes  -- reported favorably from said committee, ordered to first
  report, amended on first  report,  ordered  to  a  second  report  and
  ordered reprinted, retaining its place in the order of second report

AN ACT to amend the executive law, in relation to including the division
  of forensic services of the Nassau county medical examiner's office in
  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 102 of subpart B of part C of chapter 62 of the laws
of 2011 and as further amended by section 104 of part A of chapter 62 of
the laws of 2011, 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
corrections  and  community supervision, the department of correction of
any municipality, the insurance frauds bureau of the state department of
financial services, the office of professional medical  conduct  of  the
state department of health for the purposes of section two hundred thir-
ty  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 Medicaid inspector general, the temporary
state commission of investigation, the criminal investigations bureau of
the department of financial  services,  police  forces  and  departments
having  responsibility  for  enforcement of the general criminal laws of
the state [and], the Onondaga County Center for Forensic Sciences  Labo-
ratory  when  acting  within the scope of its law enforcement duties AND
THE DIVISION OF FORENSIC SERVICES OF THE NASSAU COUNTY  MEDICAL  EXAMIN-
ER'S OFFICE 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.
                                                           LBD13868-02-2

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