|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 29, 2019||returned to assembly|
3rd reading cal.90
substituted for s2438
|Jan 29, 2019||substituted by a1213|
|Jan 28, 2019||ordered to third reading cal.90|
reported and committed to rules
|Jan 24, 2019||referred to codes|
senate Bill S2438
Current Bill Status Via - Passed Senate & Assembly
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S2438 - Details
S2438 - Sponsor Memo
BILL NUMBER: S2438 SPONSOR: KAPLAN TITLE OF BILL: An act to amend the penal law, in relation to access to foreign state records PURPOSE OR GENERAL IDEA OF BILL: Individuals who are domiciled in other states but reside in New York are able to apply for firearm licenses - but due to confidentiality rules. New York authorities may be prevented from investigating the mental illness record of those individuals in their home states. This measure addresses that flaw by requiring applicants to waive the confidentiality of their foreign home state mental illness records to the extent a waiv- er is necessary to permit the New York licensing authority to view those records. SUMMARY OF PROVISIONS:
S2438 - Bill Text download pdf
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.
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