S T A T E O F N E W Y O R K
________________________________________________________________________
2438
2019-2020 Regular Sessions
I N S E N A T E
January 24, 2019
___________
Introduced by Sens. KAPLAN, KAVANAGH, ADDABBO, BAILEY, BENJAMIN, BIAGGI,
BRESLIN, BROOKS, CARLUCCI, COMRIE, GAUGHRAN, GIANARIS, GOUNARDES,
HARCKHAM, HOYLMAN, JACKSON, KAMINSKY, KRUEGER, LIU, MAYER, MONTGOMERY,
MYRIE, PARKER, PERSAUD, RAMOS, SALAZAR, SAVINO, SEPULVEDA, SERRANO,
STAVISKY, STEWART-COUSINS, THOMAS -- read twice and ordered printed,
and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to access to foreign state
records
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 4 of section 400.00 of the penal law, as
amended by chapter 1 of the laws of 2013, is amended to read as follows:
4. Investigation. Before a license is issued or renewed, there shall
be an investigation of all statements required in the application by the
duly constituted police authorities of the locality where such applica-
tion is made, including but not limited to such records as may be acces-
sible to the division of state police or division of criminal justice
services pursuant to section 400.02 of this article. For that purpose,
the records of the appropriate office of the department of mental
hygiene concerning previous or present mental illness of the applicant
shall be available for inspection by the investigating officer of the
police authority. WHERE THE APPLICANT IS DOMICILED IN A FOREIGN STATE,
THE INVESTIGATION SHALL INCLUDE INQUIRY OF THE FOREIGN STATE FOR RECORDS
CONCERNING THE PREVIOUS OR PRESENT MENTAL ILLNESS OF THE APPLICANT, AND,
TO THE EXTENT NECESSARY FOR INSPECTION BY THE INVESTIGATING OFFICER, THE
APPLICANT SHALL EXECUTE A WAIVER OF CONFIDENTIALITY OF SUCH RECORD IN
SUCH FORM AS MAY BE REQUIRED BY THE FOREIGN STATE. In order to ascertain
any previous criminal record, the investigating officer shall take the
fingerprints and physical descriptive data in quadruplicate of each
individual by whom the application is signed and verified. Two copies of
such fingerprints shall be taken on standard fingerprint cards eight
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S LBD02184-01-9
S. 2438 2
inches square, and one copy may be taken on a card supplied for that
purpose by the federal bureau of investigation; provided, however, that
in the case of a corporate applicant that has already been issued a
dealer in firearms license and seeks to operate a firearm dealership at
a second or subsequent location, the original fingerprints on file may
be used to ascertain any criminal record in the second or subsequent
application unless any of the corporate officers have changed since the
prior application, in which case the new corporate officer shall comply
with procedures governing an initial application for such license. When
completed, one standard card shall be forwarded to and retained by the
division of criminal justice services in the executive department, at
Albany. A search of the files of such division and written notification
of the results of the search to the investigating officer shall be made
without unnecessary delay. Thereafter, such division shall notify the
licensing officer and the executive department, division of state
police, Albany, of any criminal record of the applicant filed therein
subsequent to the search of its files. A second standard card, or the
one supplied by the federal bureau of investigation, as the case may be,
shall be forwarded to that bureau at Washington with a request that the
files of the bureau be searched and notification of the results of the
search be made to the investigating police authority. Of the remaining
two fingerprint cards, one shall be filed with the executive department,
division of state police, Albany, within ten days after issuance of the
license, and the other remain on file with the investigating police
authority. No such fingerprints may be inspected by any person other
than a peace officer, who is acting pursuant to his OR HER special
duties, or a police officer, except on order of a judge or justice of a
court of record either upon notice to the licensee or without notice, as
the judge or justice may deem appropriate. Upon completion of the inves-
tigation, the police authority shall report the results to the licensing
officer without unnecessary delay.
§ 2. This act shall take effect on the sixtieth day after it shall
have become a law.
