[ ] is old law to be omitted.
LBD13469-01-7
A. 9055 2
(A) PROVIDE SUCH APPLICANT WITH A COPY OF A NOTICE FORM GENERATED AND
DISTRIBUTED BY THE SUPERINTENDENT OF STATE POLICE UNDER SUBDIVISION FOUR
OF SECTION 400.02 OF THE PENAL LAW, INFORMING DENIED APPLICANTS OF THEIR
RIGHT TO APPEAL THE DENIAL; AND
(B) RETAIN THE ORIGINAL RECORDS OF THE ATTEMPTED PURCHASE OR TRANSFER
OF A FIREARM FOR A PERIOD NOT LESS THAN SIX YEARS.
§ 2. Subdivision 2 of section 898 of the general business law, as
added by chapter 1 of the laws of 2013, is amended to read as follows:
2. (A) Before any sale, exchange or disposal pursuant to this article,
a national instant criminal background check must be completed by a
dealer who consents to conduct such check, and upon completion of such
background check, shall complete a document, the form of which shall be
approved by the superintendent of state police, that identifies and
confirms that such check was performed.
(B) (I) SUCH DEALER SHALL REPORT TO THE DIVISION OF STATE POLICE
INFORMATION ON EACH INSTANCE WHERE SUCH DEALER DENIES AN APPLICATION FOR
THE PURCHASE OR TRANSFER OF A FIREARM AS THE RESULT OF A BACKGROUND
CHECK OR COMPLETED AND SUBMITTED FIREARM PURCHASE OR TRANSFER APPLICA-
TION THAT INDICATES THE APPLICANT IS INELIGIBLE TO POSSESS A FIREARM
UNDER STATE OR FEDERAL LAW. SUCH DEALER SHALL REPORT THE DENIED APPLICA-
TION INFORMATION TO THE DIVISION OF STATE POLICE WITHIN FIVE DAYS OF THE
DENIAL IN A FORMAT AS PRESCRIBED BY THE SUPERINTENDENT OF STATE POLICE.
SUCH REPORTED INFORMATION MUST INCLUDE THE IDENTIFYING INFORMATION OF
THE APPLICANT, THE DATE OF THE APPLICATION AND DENIAL OF SUCH APPLICA-
TION, AND OTHER INFORMATION OR DOCUMENTS AS PRESCRIBED BY THE SUPER-
INTENDENT OF STATE POLICE. IN ANY CASE WHERE THE PURCHASE OR TRANSFER OF
A FIREARM IS INITIALLY DENIED BY SUCH DEALER AS THE RESULT OF A BACK-
GROUND CHECK THAT INDICATES THE APPLICANT IS INELIGIBLE TO POSSESS A
FIREARM, BUT THE PURCHASE OR TRANSFER IS SUBSEQUENTLY APPROVED, SUCH
DEALER SHALL REPORT THE SUBSEQUENT APPROVAL TO THE DIVISION OF STATE
POLICE WITHIN ONE DAY OF THE APPROVAL.
(II) UPON DENYING AN APPLICATION FOR THE PURCHASE OR TRANSFER OF A
FIREARM AS A RESULT OF A BACKGROUND CHECK OR COMPLETED AND SUBMITTED
FIREARM PURCHASE OR TRANSFER APPLICATION THAT INDICATES THE APPLICANT IS
INELIGIBLE TO POSSESS A FIREARM UNDER STATE OR FEDERAL LAW, THE DEALER
SHALL:
(A) PROVIDE SUCH APPLICANT WITH A COPY OF A NOTICE FORM GENERATED AND
DISTRIBUTED BY THE SUPERINTENDENT OF STATE POLICE SUBDIVISION FOUR OF
SECTION 400.02 OF THE PENAL LAW, INFORMING DENIED APPLICANTS OF THEIR
RIGHT TO APPEAL THE DENIAL; AND
(B) RETAIN THE ORIGINAL RECORDS OF THE ATTEMPTED PURCHASE OR TRANSFER
OF A FIREARM FOR A PERIOD NOT LESS THAN SIX YEARS.
§ 3. The penal law is amended by adding a new section 400.04 to read
as follows:
§ 400.04 DEALER REPORTING OF DENIED APPLICATIONS.
1. A FIREARM DEALER LICENSED UNDER FEDERAL LAW SHALL REPORT TO THE
DIVISION OF STATE POLICE INFORMATION ON EACH INSTANCE WHERE SUCH DEALER
DENIES AN APPLICATION FOR THE PURCHASE OR TRANSFER OF A FIREARM AS THE
RESULT OF A BACKGROUND CHECK OR COMPLETED AND SUBMITTED FIREARM PURCHASE
OR TRANSFER APPLICATION THAT INDICATES THE APPLICANT IS INELIGIBLE TO
POSSESS A FIREARM UNDER STATE OR FEDERAL LAW. SUCH DEALER SHALL REPORT
THE DENIED APPLICATION INFORMATION TO THE DIVISION OF STATE POLICE WITH-
IN FIVE DAYS OF THE DENIAL IN A FORMAT AS PRESCRIBED BY THE SUPERINTEN-
DENT OF STATE POLICE. SUCH REPORTED INFORMATION MUST INCLUDE THE IDENTI-
FYING INFORMATION OF THE APPLICANT, THE DATE OF THE APPLICATION AND
DENIAL OF SUCH APPLICATION, AND OTHER INFORMATION OR DOCUMENTS AS
A. 9055 3
PRESCRIBED BY THE SUPERINTENDENT OF STATE POLICE. IN ANY CASE WHERE THE
PURCHASE OR TRANSFER OF A FIREARM IS INITIALLY DENIED BY SUCH DEALER AS
THE RESULT OF A BACKGROUND CHECK THAT INDICATES THE APPLICANT IS INELI-
GIBLE TO POSSESS A FIREARM, BUT THE PURCHASE OR TRANSFER IS SUBSEQUENTLY
APPROVED, SUCH DEALER SHALL REPORT THE SUBSEQUENT APPROVAL TO THE DIVI-
SION OF STATE POLICE WITHIN ONE DAY OF THE APPROVAL.
2. UPON DENYING AN APPLICATION FOR THE PURCHASE OR TRANSFER OF A
FIREARM AS A RESULT OF A BACKGROUND CHECK OR COMPLETED AND SUBMITTED
FIREARM PURCHASE OR TRANSFER APPLICATION THAT INDICATES THE APPLICANT IS
INELIGIBLE TO POSSESS A FIREARM UNDER STATE OR FEDERAL LAW, THE DEALER
SHALL:
(A) PROVIDE SUCH APPLICANT WITH A COPY OF A NOTICE FORM GENERATED AND
DISTRIBUTED BY THE SUPERINTENDENT OF STATE POLICE SUBDIVISION FOUR OF
SECTION 400.02 OF THE PENAL LAW, INFORMING DENIED APPLICANTS OF THEIR
RIGHT TO APPEAL THE DENIAL; AND
(B) RETAIN THE ORIGINAL RECORDS OF THE ATTEMPTED PURCHASE OR TRANSFER
OF A FIREARM FOR A PERIOD NOT LESS THAN SIX YEARS.
§ 4. Section 400.02 of the penal law, as added by chapter 1 of the
laws of 2013, is amended to read as follows:
§ 400.02 Statewide license and record database.
1. There shall be a statewide license and record database which shall
be created and maintained by the division of state police the cost of
which shall not be borne by any municipality. Records assembled or
collected for purposes of inclusion in such database shall not be
subject to disclosure pursuant to article six of the public officers
law. Records containing granted OR DENIED license applications shall be
periodically checked by the division of criminal justice services
against criminal conviction, mental health, and all other records as are
necessary to determine their continued accuracy as well as whether an
individual is no longer a valid license holder. The division of criminal
justice services shall also check pending applications made pursuant to
this article against such records to determine whether a license may be
granted. All state agencies shall cooperate with the division of crimi-
nal justice services, as otherwise authorized by law, in making their
records available for such checks. The division of criminal justice
services, upon determining that an individual is ineligible to possess a
license, or is no longer a valid license holder, shall notify the appli-
cable licensing official of such determination and such licensing offi-
cial shall not issue a license or revoke such license and any weapons
owned or possessed by such individual shall be removed consistent with
the provisions of subdivision eleven of section 400.00 of this article.
Local and state law enforcement shall have access to such database, as
otherwise authorized by law, in the performance of their duties. Records
assembled or collected for purposes of inclusion in the database estab-
lished by this section shall be released pursuant to a court order.
2. (A) THE DIVISION OF STATE POLICE SHALL CREATE AND MAINTAIN AN ELEC-
TRONIC PORTAL FOR FIREARM DEALERS LICENSED UNDER FEDERAL LAW, TO REPORT
THE INFORMATION AS REQUIRED PURSUANT TO SUBDIVISION ONE OF SECTION EIGHT
HUNDRED NINETY-SIX OF THE GENERAL BUSINESS LAW, SUBDIVISION TWO OF
SECTION EIGHT HUNDRED NINETY-EIGHT OF SUCH LAW OR SECTION 400.04 OF THE
PENAL LAW, PERTAINING TO PERSONS WHO HAVE APPLIED FOR THE PURCHASE OR
TRANSFER OF A FIREARM AND WERE DENIED AS THE RESULT OF A BACKGROUND
CHECK OR COMPLETED AND SUBMITTED FIREARM PURCHASE OR TRANSFER APPLICA-
TION THAT INDICATES THE APPLICANT IS INELIGIBLE TO POSSESS A FIREARM
UNDER STATE OR FEDERAL LAW.
A. 9055 4
(B) UPON RECEIPT OF INFORMATION FROM SUCH DEALER PURSUANT TO SUBDIVI-
SION ONE OF SECTION EIGHT HUNDRED NINETY-SIX OF THE GENERAL BUSINESS
LAW, SUBDIVISION TWO OF SECTION EIGHT HUNDRED NINETY-EIGHT OF SUCH LAW
OR SECTION 400.04 OF THE PENAL LAW THAT A PERSON ORIGINALLY DENIED THE
PURCHASE OR TRANSFER OF A FIREARM AS THE RESULT OF A BACKGROUND CHECK
THAT INDICATES THE APPLICANT IS INELIGIBLE TO POSSESS A FIREARM HAS
SUBSEQUENTLY BEEN APPROVED FOR THE PURCHASE OR TRANSFER, THE DIVISION OF
STATE POLICE MUST PURGE ANY RECORD OF SUCH PERSON'S DENIAL IN ITS
POSSESSION AND INFORM THE SUPERINTENDENT OF STATE POLICE AND ANY LOCAL
LAW ENFORCEMENT AGENCY PARTICIPATING IN THE GRANT PROGRAM UNDER SECTION
TWO HUNDRED THIRTY-FIVE OF THE EXECUTIVE LAW OF THE SUBSEQUENT APPROVAL
OF THE PURCHASE OR TRANSFER.
(C) INFORMATION AND RECORDS PREPARED, OWNED, USED OR RETAINED BY THE
DIVISION OF STATE POLICE PURSUANT TO THIS ACT ARE EXEMPT FROM PUBLIC
INSPECTION AND COPYING ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
(D) THE DIVISION OF STATE POLICE MUST DESTROY THE INFORMATION AND DATA
REPORTED BY A DEALER PURSUANT TO SUBDIVISION ONE OF SECTION EIGHT
HUNDRED NINETY-SIX OF THE GENERAL BUSINESS LAW, SUBDIVISION TWO OF
SECTION EIGHT HUNDRED NINETY-EIGHT OF SUCH LAW OR SECTION 400.04 OF THE
PENAL LAW UPON ITS SATISFACTION THAT THE INFORMATION AND DATA IS NO
LONGER NECESSARY TO CARRY OUT ITS DUTIES PURSUANT TO THIS SECTION.
3. (A) UPON RECEIPT OF DOCUMENTATION THAT A PERSON HAS APPEALED A
BACKGROUND CHECK DENIAL, THE DIVISION OF STATE POLICE SHALL IMMEDIATELY
REMOVE THE RECORD OF SUCH PERSON INITIALLY REPORTED PURSUANT TO SUBDIVI-
SION TWO OF THIS SECTION FROM SUCH DATABASE ACCESSIBLE TO LAW ENFORCE-
MENT AGENCIES AND OFFICERS. THE DIVISION OF STATE POLICE MUST KEEP A
SEPARATE RECORD OF SUCH PERSON'S INFORMATION FOR A PERIOD OF ONE YEAR OR
UNTIL SUCH TIME AS SUCH APPEAL HAS BEEN RESOLVED. EVERY TWELVE MONTHS,
THE DIVISION OF STATE POLICE SHALL NOTIFY SUCH PERSON THAT SUCH PERSON
MUST PROVIDE DOCUMENTATION THAT HIS OR HER APPEAL IS STILL PENDING OR
THE RECORD OF SUCH PERSON'S BACKGROUND CHECK DENIAL WILL BE PUT BACK IN
SUCH DATABASE ACCESSIBLE TO LAW ENFORCEMENT AGENCIES AND OFFICERS. AT
ANY TIME, UPON RECEIPT OF DOCUMENTATION THAT SUCH PERSON'S APPEAL HAS
BEEN GRANTED, THE DIVISION OF STATE POLICE SHALL REMOVE ANY RECORD OF
SUCH PERSON'S DENIED FIREARMS PURCHASE OR TRANSFER APPLICATION FROM SUCH
DATABASE ACCESSIBLE TO LAW ENFORCEMENT AGENCIES AND OFFICERS.
(B) UPON RECEIPT OF SATISFACTORY PROOF THAT A PERSON WHO WAS REPORTED
TO THE DIVISION OF STATE POLICE PURSUANT TO SUBDIVISION TWO OF THIS
SECTION IS NO LONGER INELIGIBLE TO POSSESS A FIREARM UNDER STATE OR
FEDERAL LAW, THE DIVISION OF STATE POLICE MUST REMOVE ANY RECORD OF SUCH
PERSON'S DENIED FIREARMS PURCHASE OR TRANSFER APPLICATION FROM SUCH
DATABASE ACCESSIBLE TO LAW ENFORCEMENT AGENCIES AND OFFICERS.
4. (A) THE SUPERINTENDENT OF STATE POLICE SHALL GENERATE AND DISTRIB-
UTE A NOTICE FORM TO ALL DEALERS, TO BE PROVIDED BY SUCH DEALERS TO
APPLICANTS DENIED THE PURCHASE OR TRANSFER OF A FIREARM AS A RESULT OF A
BACKGROUND CHECK THAT INDICATES THE APPLICANT IS INELIGIBLE TO POSSESS A
FIREARM. SUCH NOTICE FORM MUST CONTAIN THE FOLLOWING STATEMENTS:
STATE LAW REQUIRES THAT I TRANSMIT THE FOLLOWING INFORMATION TO NEW
YORK STATE POLICE AS A RESULT OF YOUR FIREARM PURCHASE OR TRANSFER
DENIAL WITHIN TWO DAYS OF THE DENIAL:
(I) IDENTIFYING INFORMATION OF THE APPLICANT;
(II) THE DATE OF THE APPLICATION AND DENIAL OF THE APPLICATION; AND
(III) OTHER INFORMATION AS PRESCRIBED BY THE NEW YORK STATE POLICE.
IF YOU BELIEVE THIS DENIAL IS IN ERROR, AND YOU DO NOT EXERCISE YOUR
RIGHT TO APPEAL, YOU MAY BE SUBJECT TO CRIMINAL INVESTIGATION BY THE NEW
YORK STATE POLICE AND/OR A LOCAL LAW ENFORCEMENT AGENCY.
A. 9055 5
(B) SUCH NOTICE FORM SHALL ALSO CONTAIN INFORMATION DIRECTING SUCH
APPLICANT TO A WEB SITE DESCRIBING THE PROCESS OF APPEALING A NATIONAL
INSTANT CRIMINAL BACKGROUND CHECK SYSTEM DENIAL THROUGH THE FEDERAL
BUREAU OF INVESTIGATION AND REFER THE APPLICANT TO LOCAL LAW ENFORCEMENT
FOR INFORMATION ON A DENIAL BASED ON A STATE BACKGROUND CHECK. SUCH
NOTICE FORM SHALL ALSO CONTAIN A PHONE NUMBER FOR A CONTACT AT THE DIVI-
SION OF STATE POLICE TO DIRECT SUCH APPLICANT TO RESOURCES REGARDING AN
INDIVIDUAL'S RIGHT TO APPEAL A BACKGROUND CHECK DENIAL.
§ 5. The executive law is amended by adding a new section 233 to read
as follows:
§ 233. REPORTING OF DENIED FIREARM SALES AND TRANSFERS. THE DIVISION
OF STATE POLICE SHALL PREPARE AN ANNUAL REPORT ON THE NUMBER OF DENIED
FIREARMS SALES OR TRANSFERS REPORTED PURSUANT TO SECTION 400.02 OF THE
PENAL LAW. THE REPORT SHALL INDICATE THE NUMBER OF CASES IN WHICH A
PERSON WAS DENIED A FIREARMS SALE OR TRANSFER, THE NUMBER OF CASES WHERE
THE DENIED SALE OR TRANSFER WAS INVESTIGATED FOR POTENTIAL CRIMINAL
PROSECUTION AND THE NUMBER OF CASES WHERE AN ARREST WAS MADE, THE CASE
WAS REFERRED FOR PROSECUTION AND A CONVICTION WAS OBTAINED. THE DIVISION
OF STATE POLICE SHALL SUBMIT THE REPORT TO THE APPROPRIATE COMMITTEES OF
THE LEGISLATURE ON OR BEFORE DECEMBER THIRTY-FIRST OF EACH YEAR.
§ 6. The executive law is amended by adding a new section 234 to read
as follows:
§ 234. STATEWIDE AUTOMATED PROTECTED PERSON NOTIFICATION SYSTEM. 1.
THE SUPERINTENDENT OF STATE POLICE SHALL COORDINATE WITH THE OFFICE OF
INFORMATION TECHNOLOGY SERVICES TO CREATE AND OPERATE A STATEWIDE AUTO-
MATED PROTECTED PERSON NOTIFICATION SYSTEM AS PART OF THE ALERT-NY
SYSTEM TO AUTOMATICALLY NOTIFY A REGISTERED PERSON VIA THE REGISTERED
PERSON'S CHOICE OF TELEPHONE OR EMAIL WHEN A RESPONDENT SUBJECT TO A
COURT ORDER SPECIFIED IN SUBDIVISION TWO OF THIS SECTION HAS ATTEMPTED
TO PURCHASE OR ACQUIRE A FIREARM AND BEEN DENIED BASED ON A BACKGROUND
CHECK OR COMPLETED AND SUBMITTED FIREARM PURCHASE OR TRANSFER APPLICA-
TION THAT INDICATES THE RESPONDENT IS INELIGIBLE TO POSSESS A FIREARM
UNDER STATE OR FEDERAL LAW. THE SYSTEM SHALL PERMIT A PERSON TO REGISTER
FOR NOTIFICATION, OR A REGISTERED PERSON TO UPDATE THE PERSON'S REGIS-
TRATION INFORMATION, FOR THE STATEWIDE AUTOMATED PROTECTED PERSON
NOTIFICATION SYSTEM BY CALLING A TOLL-FREE TELEPHONE NUMBER OR BY
ACCESSING A PUBLIC WEB SITE.
2. THE NOTIFICATION REQUIREMENTS OF THIS SECTION APPLY TO ANY TEMPO-
RARY ORDER OF PROTECTION OR ORDER OF PROTECTION ISSUED UNDER SUBDIVISION
ONE OF SECTION 530.12 OF THE CRIMINAL PROCEDURE LAW OR SUBDIVISION ONE
OF SECTION 530.13 OF SUCH LAW, SUBDIVISION THREE OF SECTION TWO HUNDRED
FORTY OF THE DOMESTIC RELATIONS LAW OR SECTION TWO HUNDRED FIFTY-TWO OF
SUCH LAW OR SECTIONS ONE HUNDRED FIFTY-THREE-C, ONE HUNDRED
FIFTY-FOUR-D, 304.2, 352.3, FOUR HUNDRED THIRTY, FOUR HUNDRED FORTY-SIX,
FIVE HUNDRED FIFTY, FIVE HUNDRED FIFTY-ONE, SIX HUNDRED FIFTY-FIVE, SIX
HUNDRED FIFTY-SIX, SEVEN HUNDRED FORTY, SEVEN HUNDRED FIFTY-NINE, EIGHT
HUNDRED FORTY-TWO, ONE THOUSAND TWENTY-NINE OR ONE THOUSAND FIFTY-SIX OF
THE FAMILY COURT ACT AND ANY FOREIGN PROTECTION ORDER FILED WITH A NEW
YORK COURT PURSUANT TO SUBDIVISION FIVE OF SECTION 530.11 OF THE CRIMI-
NAL PROCEDURE LAW OR SECTION ONE HUNDRED FIFTY-FOUR-E OF THE FAMILY
COURT ACT, WHERE SUCH ORDER PROHIBITS THE RESPONDENT FROM POSSESSING
FIREARMS OR WHERE BY OPERATION OF LAW THE RESPONDENT IS INELIGIBLE TO
POSSESS FIREARMS DURING THE TERM OF SUCH ORDER. THE NOTIFICATION
REQUIREMENTS OF THIS SECTION APPLY EVEN IF THE RESPONDENT OF SUCH COURT
ORDER HAS NOTIFIED THE DIVISION OF STATE POLICE THAT HE OR SHE HAS
A. 9055 6
APPEALED A BACKGROUND CHECK DENIAL UNDER SUBDIVISION THREE OF SECTION
400.02 OF THE PENAL LAW.
3. AN APPOINTED OR ELECTED OFFICIAL, PUBLIC EMPLOYEE, OR PUBLIC AGEN-
CY, OR COMBINATION OF UNITS OF GOVERNMENT AND ITS EMPLOYEES, ARE IMMUNE
FROM CIVIL LIABILITY FOR DAMAGES FOR ANY RELEASE OF INFORMATION OR THE
FAILURE TO RELEASE INFORMATION RELATED TO THE STATEWIDE AUTOMATED
PROTECTED PERSON NOTIFICATION SYSTEM IN THIS SECTION, SO LONG AS THE
RELEASE OR FAILURE TO RELEASE WAS WITHOUT GROSS NEGLIGENCE. THE IMMUNITY
PROVIDED UNDER THIS SUBSECTION APPLIES TO THE RELEASE OF RELEVANT AND
NECESSARY INFORMATION TO OTHER PUBLIC OFFICIALS, PUBLIC EMPLOYEES, OR
PUBLIC AGENCIES, AND TO THE GENERAL PUBLIC.
4. INFORMATION AND RECORDS PREPARED, OWNED, USED, OR RETAINED BY THE
DIVISION OF STATE POLICE OR OFFICE OF INFORMATION TECHNOLOGY PURSUANT TO
THIS SECTION, INCLUDING INFORMATION A PERSON SUBMITS TO REGISTER AND
PARTICIPATE IN THE STATEWIDE AUTOMATED PROTECTED PERSON NOTIFICATION
SYSTEM, ARE EXEMPT FROM PUBLIC INSPECTION AND COPYING UNDER ARTICLE SIX
OF THE PUBLIC OFFICERS LAW.
§ 7. The executive law is amended by adding a new section 235 to read
as follows:
§ 235. ILLEGAL PURCHASE OR TRANSFER OF A FIREARM INVESTIGATION GRANT.
1. THE SUPERINTENDENT OF STATE POLICE SHALL ESTABLISH A GRANT PROGRAM
FOR LOCAL LAW ENFORCEMENT AGENCIES TO CONDUCT CRIMINAL INVESTIGATIONS
REGARDING PERSONS WHO ILLEGALLY ATTEMPTED TO PURCHASE OR TRANSFER A
FIREARM WITHIN THEIR JURISDICTION.
2. EACH GRANT APPLICANT MUST BE REQUIRED TO SUBMIT REPORTS TO THE
DIVISION OF STATE POLICE THAT INDICATE THE NUMBER OF CASES IN WHICH A
PERSON WAS DENIED A FIREARMS SALE OR TRANSFER, THE NUMBER OF CASES WHERE
THE DENIED SALE OR TRANSFER WAS INVESTIGATED FOR POTENTIAL CRIMINAL
PROSECUTION, AND THE NUMBER OF CASES WHERE AN ARREST WAS MADE, THE CASE
WAS REFERRED FOR PROSECUTION, AND A CONVICTION WAS OBTAINED.
3. INFORMATION AND RECORDS PREPARED, OWNED, USED, OR RETAINED BY THE
DIVISION OF STATE POLICE OR LOCAL LAW ENFORCEMENT AGENCIES PURSUANT TO
THIS SECTION ARE EXEMPT FROM PUBLIC INSPECTION AND COPYING UNDER ARTICLE
SIX OF THE PUBLIC OFFICERS LAW.
§ 8. The public officers law is amended by adding a new section 89-a
to read as follows:
§ 89-A. ADDITIONAL RESTRICTIONS ON ACCESS TO LAW ENFORCEMENT RECORDS.
THE FOLLOWING INVESTIGATIVE, LAW ENFORCEMENT, AND CRIME VICTIM INFORMA-
TION IS EXEMPT FROM PUBLIC INSPECTION AND COPYING UNDER THIS CHAPTER:
1. INFORMATION REVEALING THE IDENTITY OF CHILD VICTIMS OF SEXUAL
ASSAULT WHO ARE UNDER AGE EIGHTEEN. IDENTIFYING INFORMATION MEANS SUCH
CHILD VICTIM'S NAME, ADDRESS, LOCATION, PHOTOGRAPH, AND IN CASES IN
WHICH SUCH CHILD VICTIM IS A RELATIVE OR STEPCHILD OF THE ALLEGED PERPE-
TRATOR, IDENTIFICATION OF THE RELATIONSHIP BETWEEN SUCH CHILD AND SUCH
ALLEGED PERPETRATOR;
2. INFORMATION SUBMITTED TO THE DIVISION OF CRIMINAL JUSTICE SERVICES
BY A PERSON FOR THE PURPOSE OF RECEIVING NOTIFICATIONS FROM THE ALERT-NY
SYSTEM REGARDING REGISTERED SEX OFFENDER RELOCATIONS, INCLUDING SUCH
PERSON'S NAME, RESIDENTIAL ADDRESS, AND EMAIL ADDRESS;
3. PERSONALLY IDENTIFYING INFORMATION COLLECTED BY LAW ENFORCEMENT
AGENCIES PURSUANT TO LOCAL SECURITY ALARM SYSTEM PROGRAMS AND VACATION
CRIME WATCH PROGRAMS. NOTHING IN THIS SUBSECTION SHALL BE INTERPRETED SO
AS TO PROHIBIT THE LEGAL OWNER OF A RESIDENCE OR BUSINESS FROM ACCESSING
INFORMATION REGARDING HIS OR HER RESIDENCE OR BUSINESS;
4. THE GLOBAL POSITIONING SYSTEM DATA THAT WOULD INDICATE THE LOCATION
OF THE RESIDENCE OF AN EMPLOYEE OR WORKER AT A COURT OR A GOVERNMENT
A. 9055 7
AGENCY WHICH PERFORMS THE ADMINISTRATION OF CRIMINAL JUSTICE PURSUANT TO
A STATUTE OR EXECUTIVE ORDER AND WHICH ALLOCATES A SUBSTANTIAL PART OF
ITS ANNUAL BUDGET TO THE ADMINISTRATION OF CRIMINAL JUSTICE;
5. BODY WORN CAMERA RECORDINGS TO THE EXTENT NONDISCLOSURE IS ESSEN-
TIAL FOR THE PROTECTION OF ANY PERSON'S RIGHT TO PRIVACY, INCLUDING, BUT
NOT LIMITED TO, THE CIRCUMSTANCES ENUMERATED IN PARAGRAPH (A) OF THIS
SUBDIVISION. A LAW ENFORCEMENT OR CORRECTIONS AGENCY SHALL NOT DISCLOSE
A BODY WORN CAMERA RECORDING TO THE EXTENT THE RECORDING IS EXEMPT UNDER
THIS SUBSECTION.
(A) DISCLOSURE OF A BODY WORN CAMERA RECORDING IS PRESUMED TO BE
PROTECTED FROM DISCLOSURE UNDER THIS ARTICLE TO THE EXTENT IT DEPICTS:
(I)(A) ANY AREAS OF A MEDICAL FACILITY, COUNSELING, OR THERAPEUTIC
PROGRAM OFFICE WHERE:
(1) A PATIENT IS REGISTERED TO RECEIVE TREATMENT, RECEIVING TREATMENT,
WAITING FOR TREATMENT, OR BEING TRANSPORTED IN THE COURSE OF TREATMENT;
OR
(2) HEALTH CARE INFORMATION IS SHARED WITH PATIENTS, THEIR FAMILIES,
OR AMONG THE CARE TEAM; OR
(B) INFORMATION THAT MEETS THE DEFINITION OF PROTECTED HEALTH INFORMA-
TION FOR PURPOSES OF THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY
ACT OF 1996;
(II) THE INTERIOR OF A PLACE OF RESIDENCE WHERE A PERSON HAS A REASON-
ABLE EXPECTATION OF PRIVACY;
(III) AN INTIMATE IMAGE TAKEN IN A PRIVATE SETTING, NOT A MATTER OF
PUBLIC CONCERN, AND DEPICTING SEXUAL CONDUCT AS DEFINED IN SUBDIVISION
TEN OF SECTION 130.00 OF THE PENAL LAW, OR A PERSON'S INTIMATE BODY
PARTS, WHETHER NUDE OR VISIBLE THROUGH LESS THAN OPAQUE CLOTHING;
(IV) A MINOR;
(V) THE BODY OF A DECEASED PERSON;
(VI) THE IDENTITY OF OR COMMUNICATIONS FROM A VICTIM OR WITNESS OF AN
INCIDENT INVOLVING DOMESTIC VIOLENCE, SEXUAL ASSAULT OR DISCLOSURE OF
INTIMATE IMAGES. IF AT THE TIME OF RECORDING THE VICTIM OR WITNESS INDI-
CATES A DESIRE FOR DISCLOSURE OR NONDISCLOSURE OF THE RECORDED IDENTITY
OR COMMUNICATIONS, SUCH DESIRE SHALL GOVERN; OR
(VII) THE IDENTIFIABLE LOCATION INFORMATION OF A COMMUNITY-BASED
DOMESTIC VIOLENCE PROGRAM, OR EMERGENCY SHELTER.
(B) THE PRESUMPTIONS SET OUT IN PARAGRAPH (A) OF THIS SUBDIVISION MAY
BE REBUTTED BY SPECIFIC EVIDENCE IN INDIVIDUAL CASES.
(C) IN A COURT ACTION SEEKING THE RIGHT TO INSPECT OR COPY A BODY WORN
CAMERA RECORDING, A PERSON WHO PREVAILS AGAINST A LAW ENFORCEMENT OR
CORRECTIONS AGENCY THAT WITHHOLDS OR DISCLOSES ALL OR PART OF A BODY
WORN CAMERA RECORDING PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION MAY
NOT BE AWARDED FEES, COSTS, OR AWARDS BASED UPON SUCH ACTIONS UNLESS IT
IS SHOWN THAT THE LAW ENFORCEMENT OR CORRECTIONS AGENCY ACTED IN BAD
FAITH OR WITH GROSS NEGLIGENCE.
(D) A REQUEST FOR BODY WORN CAMERA RECORDINGS MUST:
(I) SPECIFICALLY IDENTIFY A NAME OF A PERSON OR PERSONS INVOLVED IN
THE INCIDENT;
(II) PROVIDE THE INCIDENT OR CASE NUMBER;
(III) PROVIDE THE DATE, TIME, AND LOCATION OF THE INCIDENT OR INCI-
DENTS; OR
(IV) IDENTIFY A LAW ENFORCEMENT OR CORRECTIONS OFFICER INVOLVED IN THE
INCIDENT OR INCIDENTS.
(E)(I) A PERSON DIRECTLY INVOLVED IN AN INCIDENT RECORDED BY THE
REQUESTED BODY WORN CAMERA RECORDING, AN ATTORNEY REPRESENTING A PERSON
DIRECTLY INVOLVED IN AN INCIDENT RECORDED BY THE REQUESTED BODY WORN
A. 9055 8
CAMERA RECORDING, A PERSON OR HIS OR HER ATTORNEY WHO REQUESTS A BODY
WORN CAMERA RECORDING RELEVANT TO A CRIMINAL CASE INVOLVING THAT PERSON,
HAS THE RIGHT TO OBTAIN THE BODY WORN CAMERA RECORDING, SUBJECT TO ANY
EXEMPTION UNDER THIS CHAPTER OR ANY APPLICABLE LAW. IN ADDITION, AN
ATTORNEY WHO REPRESENTS A PERSON REGARDING A POTENTIAL OR EXISTING CIVIL
CAUSE OF ACTION INVOLVING THE DENIAL OF CIVIL RIGHTS UNDER THE FEDERAL
OR STATE CONSTITUTION, OR A VIOLATION OF A UNITED STATES DEPARTMENT OF
JUSTICE SETTLEMENT AGREEMENT, HAS THE RIGHT TO OBTAIN THE BODY WORN
CAMERA RECORDING IF RELEVANT TO THE CAUSE OF ACTION, SUBJECT TO ANY
EXEMPTION UNDER THIS CHAPTER OR ANY APPLICABLE LAW. THE ATTORNEY MUST
EXPLAIN THE RELEVANCY OF THE REQUESTED BODY WORN CAMERA RECORDING TO THE
CAUSE OF ACTION AND SPECIFY THAT HE OR SHE IS SEEKING RELIEF FROM REDAC-
TION COSTS UNDER THIS PARAGRAPH.
(II) A LAW ENFORCEMENT OR CORRECTIONS AGENCY RESPONDING TO REQUESTS
UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH MAY NOT REQUIRE THE REQUESTING
INDIVIDUAL TO PAY COSTS OF ANY REDACTING, ALTERING, DISTORTING, PIXELAT-
ING, SUPPRESSING, OR OTHERWISE OBSCURING ANY PORTION OF A BODY WORN
CAMERA RECORDING.
(III) A LAW ENFORCEMENT OR CORRECTIONS AGENCY MAY REQUIRE ANY PERSON
REQUESTING A BODY WORN CAMERA RECORDING PURSUANT TO SUBPARAGRAPH (I) OF
THIS PARAGRAPH TO IDENTIFY HIMSELF OR HERSELF TO ENSURE HE OR SHE IS A
PERSON ENTITLED TO OBTAIN THE BODY WORN CAMERA RECORDING UNDER SUBPARA-
GRAPH (I) OF THIS PARAGRAPH.
(F)(I) A LAW ENFORCEMENT OR CORRECTIONS AGENCY RESPONDING TO A REQUEST
TO DISCLOSE BODY WORN CAMERA RECORDINGS MAY REQUIRE ANY REQUESTER NOT
LISTED IN PARAGRAPH (E) OF THIS SUBDIVISION TO PAY THE REASONABLE COSTS
OF REDACTING, ALTERING, DISTORTING, PIXELATING, SUPPRESSING, OR OTHER-
WISE OBSCURING ANY PORTION OF THE BODY WORN CAMERA RECORDING PRIOR TO
DISCLOSURE ONLY TO THE EXTENT NECESSARY TO COMPLY WITH THE EXEMPTIONS IN
THIS CHAPTER OR ANY APPLICABLE LAW.
(II) AN AGENCY THAT CHARGES REDACTION COSTS UNDER THIS PARAGRAPH MUST
USE REDACTION TECHNOLOGY THAT PROVIDES THE LEAST COSTLY COMMERCIALLY
AVAILABLE METHOD OF REDACTING BODY WORN CAMERA RECORDINGS, TO THE EXTENT
POSSIBLE AND REASONABLE.
(III) IN ANY CASE WHERE AN AGENCY CHARGES A REQUESTOR FOR THE COSTS OF
REDACTING A BODY WORN CAMERA RECORDING UNDER THIS PARAGRAPH, THE TIME
SPENT ON REDACTION OF THE RECORDING SHALL NOT COUNT TOWARDS THE AGENCY'S
ALLOCATION OF, OR LIMITATION ON, TIME OR COSTS SPENT RESPONDING TO
PUBLIC RECORDS REQUESTS UNDER THIS CHAPTER, AS ESTABLISHED PURSUANT TO
LOCAL ORDINANCE, POLICY, PROCEDURE, OR STATE LAW.
(G) FOR PURPOSES OF THIS SUBDIVISION:
(I) "BODY WORN CAMERA RECORDING" MEANS A VIDEO AND/OR SOUND RECORDING
THAT IS MADE BY A BODY WORN CAMERA ATTACHED TO THE UNIFORM OR EYEWEAR OF
A LAW ENFORCEMENT OR CORRECTIONS OFFICER FROM A COVERED JURISDICTION
WHILE IN THE COURSE OF HIS OR HER OFFICIAL DUTIES AND THAT IS MADE ON OR
AFTER JUNE NINTH, TWO THOUSAND SIXTEEN, AND PRIOR TO JULY FIRST, TWO
THOUSAND NINETEEN; AND
(II) "COVERED JURISDICTION" MEANS ANY JURISDICTION THAT HAS DEPLOYED
BODY WORN CAMERAS AS OF JUNE NINTH, TWO THOUSAND SIXTEEN, REGARDLESS OF
WHETHER OR NOT BODY WORN CAMERAS ARE BEING DEPLOYED IN THE JURISDICTION
ON JUNE NINTH, TWO THOUSAND SIXTEEN, INCLUDING, BUT NOT LIMITED TO,
JURISDICTIONS THAT HAVE DEPLOYED BODY WORN CAMERAS ON A PILOT BASIS.
(H) NOTHING IN THIS SUBSECTION SHALL BE CONSTRUED TO RESTRICT ACCESS
TO BODY WORN CAMERA RECORDINGS AS OTHERWISE PERMITTED BY LAW FOR OFFI-
CIAL OR RECOGNIZED CIVILIAN AND ACCOUNTABILITY BODIES OR PURSUANT TO ANY
COURT ORDER.
A. 9055 9
(I) A LAW ENFORCEMENT OR CORRECTIONS AGENCY MUST RETAIN BODY WORN
CAMERA RECORDINGS FOR AT LEAST SIXTY DAYS AND THEREAFTER MAY DESTROY THE
RECORDS.
§ 9. This act shall take effect immediately; provided, however, that
effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date is authorized and directed to be made and completed on or
before such effective date.