S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7461--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 26, 2017
                                ___________
 
 Introduced by M. of A. ABBATE -- read once and referred to the Committee
   on  Codes  -- recommitted to the Committee on Codes in accordance with
   Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the criminal procedure law and  the  executive  law,  in
   relation to disclosure of arrest and prosecution records of applicants
   for  employment  by police departments and other law enforcement agen-
   cies
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (d)  of subdivision 1 of section 160.50 of the
 criminal procedure law, as amended by chapter 449 of the laws  of  2015,
 is amended to read as follows:
   (d)  such  records shall be made available to the person accused or to
 such person's designated agent, and shall be made  available  to  (i)  a
 prosecutor in any proceeding in which the accused has moved for an order
 pursuant  to  section  170.56  or  210.46 of this chapter, or (ii) a law
 enforcement agency upon ex parte motion in any superior court, or in any
 district court, city court or the criminal court of the city of New York
 provided that such court sealed the record, if such agency  demonstrates
 to the satisfaction of the court that justice requires that such records
 be  made  available to it, or (iii) any state or local officer or agency
 with responsibility for the issuance of licenses to possess  guns,  when
 the  accused  has  made  application for such a license, or (iv) the New
 York state department of corrections and community supervision when  the
 accused is on parole supervision as a result of conditional release or a
 parole  release  granted  by the New York state board of parole, and the
 arrest which is the subject of the inquiry is one which  occurred  while
 the  accused was under such supervision, or (v) any prospective employer
 of a police officer or peace officer  as  those  terms  are  defined  in
 subdivisions  thirty-three and thirty-four of section 1.20 of this chap-
 ter, in relation to an application for employment as a police officer or
 peace officer; provided, however, that every person who is an  applicant
 for  the  position of police officer or peace officer shall be furnished
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05064-02-8

 A. 7461--A                          2
 
 with a copy of all records obtained under this paragraph and afforded an
 opportunity to make an explanation thereto, or (vi) A POLICE  DEPARTMENT
 OR  OTHER  LAW  ENFORCEMENT AGENCY, IN RELATION TO AN APPLICATION BY THE
 PERSON  ACCUSED  FOR  EMPLOYMENT BY SUCH AGENCY OR DEPARTMENT; PROVIDED,
 HOWEVER, THAT EVERY SUCH PERSON SHALL BE FURNISHED WITH A  COPY  OF  ALL
 RECORDS  OBTAINED  UNDER  THIS  PARAGRAPH AND AFFORDED AN OPPORTUNITY TO
 MAKE AN EXPLANATION THERETO, OR (VII) the probation department responsi-
 ble for supervision of the accused when the arrest which is the  subject
 of  the  inquiry  is one which occurred while the accused was under such
 supervision; and
   § 2. Paragraph (d) of subdivision 1 of section 160.55 of the  criminal
 procedure law, as amended by chapter 449 of the laws of 2015, is amended
 to read as follows:
   (d) the records referred to in paragraph (c) of this subdivision shall
 be  made  available to the person accused or to such person's designated
 agent, and shall be made available to (i) a prosecutor in any proceeding
 in which the accused has moved for an order pursuant to  section  170.56
 or  210.46  of  this  chapter,  or (ii) a law enforcement agency upon ex
 parte motion in any superior court, or in any district court, city court
 or the criminal court of the city of New York provided that  such  court
 sealed  the  record,  if such agency demonstrates to the satisfaction of
 the court that justice requires that such records be made  available  to
 it,  or  (iii)  any state or local officer or agency with responsibility
 for the issuance of licenses to possess guns, when the accused has  made
 application for such a license, or (iv) the New York state department of
 corrections  and  community supervision when the accused is under parole
 supervision as a result of conditional release or parole release granted
 by the New York state board of  parole  and  the  arrest  which  is  the
 subject of the inquiry is one which occurred while the accused was under
 such supervision, or (v) the probation department responsible for super-
 vision  of  the  accused  when  the  arrest  which is the subject of the
 inquiry is one which occurred while the accused was  under  such  super-
 vision, or (vi) a police agency, probation department, sheriff's office,
 district attorney's office, department of correction of any municipality
 and  parole  department,  for  law  enforcement purposes, upon arrest in
 instances in which the individual stands convicted of harassment in  the
 second  degree, as defined in section 240.26 of the penal law, committed
 against a member of the same family or household as  the  defendant,  as
 defined in subdivision one of section 530.11 of this chapter, and deter-
 mined  pursuant  to subdivision eight-a of section 170.10 of this title;
 OR (VII) A  POLICE  DEPARTMENT  OR  OTHER  LAW  ENFORCEMENT  AGENCY,  IN
 RELATION  TO AN APPLICATION BY THE PERSON ACCUSED FOR EMPLOYMENT BY SUCH
 AGENCY OR DEPARTMENT; PROVIDED, HOWEVER, THAT EVERY SUCH PERSON SHALL BE
 FURNISHED WITH A COPY OF ALL RECORDS OBTAINED UNDER THIS  PARAGRAPH  AND
 AFFORDED AN OPPORTUNITY TO MAKE AN EXPLANATION THERETO; and
   §  3. Paragraphs (c) and (d) of subdivision 6 of section 160.58 of the
 criminal procedure law, as added by section 3 of part AAA of chapter  56
 of  the  laws  of  2009, are amended and a new paragraph (e) is added to
 read as follows:
   (c) any state or local officer or agency with responsibility  for  the
 issuance  of licenses to possess guns, when the person has made applica-
 tion for such a license; [or]
   (d) any prospective employer of a police officer or peace  officer  as
 those  terms are defined in subdivisions thirty-three and thirty-four of
 section 1.20 of this chapter, in relation to an application for  employ-
 ment as a police officer or peace officer; provided, however, that every

 A. 7461--A                          3
 
 person  who  is an applicant for the position of police officer or peace
 officer shall be furnished with a copy of  all  records  obtained  under
 this paragraph and afforded an opportunity to make an explanation there-
 to[.] ; OR
   (E) ANY POLICE DEPARTMENT OR LAW ENFORCEMENT AGENCY, IN RELATION TO AN
 APPLICATION  FOR EMPLOYMENT BY SUCH POLICE DEPARTMENT OR LAW ENFORCEMENT
 AGENCY; PROVIDED, HOWEVER, THAT EVERY APPLICANT SHALL BE FURNISHED  WITH
 A  COPY  OF  ALL  RECORDS  OBTAINED UNDER THIS PARAGRAPH AND AFFORDED AN
 OPPORTUNITY TO MAKE AN EXPLANATION THERETO.
   § 4. Subdivision 16 of section 296 of the executive law, as amended by
 section 48-a of part WWW of chapter 59 of the laws of 2017,  is  amended
 to read as follows:
   16.  It  shall  be an unlawful discriminatory practice, unless specif-
 ically required or permitted by statute, for any person, agency, bureau,
 corporation or association, including the state and any political subdi-
 vision thereof, to make any inquiry about, whether in any form of appli-
 cation or  otherwise,  or  to  act  upon  adversely  to  the  individual
 involved,  any arrest or criminal accusation of such individual not then
 pending against that individual which was followed by a  termination  of
 that  criminal  action  or  proceeding  in  favor of such individual, as
 defined in subdivision two of section 160.50 of the  criminal  procedure
 law,  or  by a youthful offender adjudication, as defined in subdivision
 one of section 720.35 of the criminal procedure law, or by a  conviction
 for a violation sealed pursuant to section 160.55 of the criminal proce-
 dure  law  or by a conviction which is sealed pursuant to section 160.59
 or 160.58 of the criminal procedure law, in connection with the  licens-
 ing,  employment or providing of credit or insurance to such individual;
 provided, further, that no person shall be required to divulge  informa-
 tion  pertaining to any arrest or criminal accusation of such individual
 not then pending against that individual which was followed by a  termi-
 nation  of  that criminal action or proceeding in favor of such individ-
 ual, as defined in subdivision two of section  160.50  of  the  criminal
 procedure  law,  or  by  a youthful offender adjudication, as defined in
 subdivision one of section 720.35 of the criminal procedure law, or by a
 conviction for a violation sealed pursuant  to  section  160.55  of  the
 criminal  procedure  law, or by a conviction which is sealed pursuant to
 section 160.58 or 160.59 of the criminal procedure law.  The  provisions
 of  this  subdivision  shall  not  apply  to the licensing activities of
 governmental bodies in relation to the regulation of guns, firearms  and
 other  deadly weapons or in relation to an application for employment as
 a police officer or peace officer as those terms are defined in subdivi-
 sions thirty-three and thirty-four  of  section  1.20  of  the  criminal
 procedure  law  OR IN RELATION TO AN APPLICATION  FOR EMPLOYMENT FOR ANY
 POSITION IN  A  POLICE  DEPARTMENT  OR  OTHER  LAW  ENFORCEMENT  AGENCY;
 provided further that the provisions of this subdivision shall not apply
 to  an  application  for employment or membership in any law enforcement
 agency with respect to any  arrest  or  criminal  accusation  which  was
 followed  by a youthful offender adjudication, as defined in subdivision
 one of section 720.35 of the criminal procedure law, or by a  conviction
 for a violation sealed pursuant to section 160.55 of the criminal proce-
 dure  law, or by a conviction which is sealed pursuant to section 160.58
 or 160.59 of the criminal procedure law.
   § 5. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.