Assembly Bill A7463

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

                                  7463

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 12, 2015
                               ___________

Introduced  by  M.  of A. KAVANAGH -- (at request of the Office of Court
  Administration) -- read once and referred to the Committee on Codes

AN ACT to amend the penal law, in relation to access  to  foreign  state
  records

  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 1 of the laws of 2013, 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, including but not limited to such records as may be acces-
sible  to  the  division of state police or division of criminal justice
services pursuant to section 400.02 of this article. 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 investigating officer of the
police authority. WHERE THE APPLICANT IS DOMICILED IN A  FOREIGN  STATE,
THE INVESTIGATION SHALL INCLUDE INQUIRY OF THE FOREIGN STATE FOR RECORDS
CONCERNING THE PREVIOUS OR PRESENT MENTAL ILLNESS OF THE APPLICANT, AND,
TO THE EXTENT NECESSARY FOR INSPECTION BY THE INVESTIGATING OFFICER, THE
APPLICANT  SHALL  EXECUTE  A WAIVER OF CONFIDENTIALITY OF SUCH RECORD IN
SUCH FORM AS MAY BE REQUIRED BY THE FOREIGN STATE. 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 fingerprints 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09288-01-5
              

A. 7463                             2

a  second  or subsequent location, the original fingerprints on file may
be used to ascertain 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  standard card shall be forwarded to and retained by the
division of criminal justice services in the  executive  department,  at
Albany.  A search of the files of such division and written notification
of the results of the search to the investigating officer shall be  made
without  unnecessary  delay.  Thereafter, such division shall notify the
licensing officer  and  the  executive  department,  division  of  state
police,  Albany,  of  any criminal record of the applicant filed therein
subsequent to the search of its files. A second standard  card,  or  the
one supplied by the federal bureau of investigation, as the case may be,
shall  be forwarded to that bureau at Washington with a request that the
files of the bureau be searched and notification of the results  of  the
search  be  made to the investigating police authority. Of the remaining
two fingerprint cards, one shall be filed with the executive department,
division of state police, Albany, within ten days after issuance of  the
license,  and  the  other  remain  on file with the investigating police
authority. No such fingerprints may be inspected  by  any  person  other
than  a  peace  officer,  who  is  acting pursuant to his OR HER special
duties, or a police officer, except on order of a judge or justice of  a
court of record either upon notice to the licensee or without notice, as
the judge or justice may deem appropriate. Upon completion of the inves-
tigation, the police authority shall report the results to the licensing
officer without unnecessary delay.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.