Senate Bill S6734

2017-2018 Legislative Session

Relates to disclosure of arrest and prosecution records of applicants for employment as police officers or peace officers

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-S6734 (ACTIVE) - Details

See Assembly Version of this Bill:
A8324
Current Committee:
Senate Rules
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §160.55, CP L

2017-S6734 (ACTIVE) - Summary

Relates to disclosure of arrest and prosecution records of applicants for employment as police officers or peace officers; authorizes the disclosure of arrest and prosecution records to prospective employers of police officer and peace officer applicants provided 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 and afforded an opportunity to make an explanation thereto.

2017-S6734 (ACTIVE) - Sponsor Memo

2017-S6734 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6734
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               June 15, 2017
                                ___________
 
 Introduced  by  Sen.  CROCI  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the criminal procedure law, in relation to disclosure of
   arrest and prosecution records of applicants for employment as  police
   officers or peace officers

   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  160.55  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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