S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  420--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes  --  recommitted  to
   the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
   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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD05064-03-8

 S. 420--A                           2
 
 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
 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:

 S. 420--A                           3

   (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
 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

 S. 420--A                           4
 
 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.