Assembly Bill A9540

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9540
 
                           I N  A S S E M B L Y
 
                             January 24, 2020
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the criminal procedure law, in relation to sealed  prior
   domestic violence cases
 
   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 OR A PROSECUTOR 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  OR PROSECUTOR 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  super-
 vision,  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 chapter, in relation to an applica-
 tion 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) the probation department  responsi-
 ble  for supervision of the accused when the arrest which is the subject
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14281-01-9

 A. 9540                             2
 
 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 OR A  PROSE-
 CUTOR  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 OR  PROSECUTOR  demon-
 strates 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  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, 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 enforce-
 ment 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 determined pursuant to  subdivision  eight-a
 of section 170.10 of this title; and
   § 3. This act shall take effect immediately.