Assembly Bill A1738

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1738
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 16, 2019
                                ___________
 
 Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
   tee on Codes
 
 AN  ACT  to amend the general business law, the penal law and the execu-
   tive law in relation to denial of applications to purchase or transfer
   firearms; to amend the executive law in relation  to  notification  of
   victims  of  certain  crimes;  and to amend the public officers law in
   relation to exemptions from public inspection and  copying  under  the
   freedom of information law
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 896 of the general business law is
 amended by adding a new paragraph (d) to read as follows:
   (D) (I) 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  INELI-
 GIBLE TO POSSESS A FIREARM UNDER STATE OR FEDERAL LAW. SUCH DEALER SHALL
 REPORT  THE  DENIED  APPLICATION  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  APPLICA-
 TION  AND DENIAL OF SUCH APPLICATION, AND OTHER INFORMATION OR DOCUMENTS
 AS 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
 INELIGIBLE TO POSSESS A FIREARM, BUT THE PURCHASE OR TRANSFER IS  SUBSE-
 QUENTLY  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05227-01-9

 A. 1738                             2
 
 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 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-

 A. 1738                             3

 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
 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 THIS
 ARTICLE, 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-

 A. 1738                             4
 
 TION  THAT  INDICATES  THE  APPLICANT IS INELIGIBLE TO POSSESS A FIREARM
 UNDER STATE OR FEDERAL LAW.
   (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 THIS ARTICLE 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 THIS
 ARTICLE 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.

 A. 1738                             5
 
   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.
   (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

 A. 1738                             6
 
 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
 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;

 A. 1738                             7
 
   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
 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.

 A. 1738                             8
 
   (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
 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 EIGHTEEN, AND PRIOR TO  JULY  FIRST,  TWO
 THOUSAND TWENTY-ONE; AND
   (II)  "COVERED  JURISDICTION" MEANS ANY JURISDICTION THAT HAS DEPLOYED
 BODY WORN CAMERAS AS OF JUNE NINTH, TWO THOUSAND EIGHTEEN, REGARDLESS OF
 WHETHER OR NOT BODY WORN CAMERAS ARE BEING DEPLOYED IN THE  JURISDICTION
 ON  JUNE  NINTH,  TWO  THOUSAND EIGHTEEN, INCLUDING, BUT NOT LIMITED TO,
 JURISDICTIONS THAT HAVE DEPLOYED BODY WORN CAMERAS ON A PILOT BASIS.

 A. 1738                             9
 
   (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.
   (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.   Effective  immediately,
 the  addition,  amendment and/or repeal of any rule or regulation neces-
 sary for the implementation of  this  act  on  its  effective  date  are
 authorized to be made and completed on or before such effective date.