senate Bill S3620

2013-2014 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 08, 2014 referred to finance
Feb 07, 2013 referred to finance

S3620 - Bill Details

See Assembly Version of this Bill:
A5103
Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Amd ยง835, Exec L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2366, A6164
2009-2010: S3061

S3620 - 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:S3620

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: This 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 enforce-
ment duties, the inability of constables to access this important infor-
mation 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.2366 of 2011-12; 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
________________________________________________________________________

                                  3620

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 7, 2013
                               ___________

Introduced  by  Sen.  SEWARD -- 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 sepa-
rately amended by chapters 14 and 155 of the laws of 2012, 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 financial frauds and consumer protection unit 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 thirty of the public health law, the  child  protec-
tive  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, 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, the Onondaga County Center for Forensic Sciences  Laboratory
when acting within the scope of its law enforcement duties and the divi-
sion of forensic services of 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.
                                                           LBD08562-01-3

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