S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4928
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2021
                                ___________
 
 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  trans-
   fer  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.
              

                                                            LBD01073-01-1

 A. 4928                             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
 amended by chapter 129 of the laws  of  2019,  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. Before a dealer who consents to
 conduct a national instant criminal background check delivers a firearm,
 rifle or shotgun to any person, either [(a)] (I) NICS issued a "proceed"
 response to the dealer, or [(b)] (II) thirty calendar  days  shall  have
 elapsed  since the date the dealer contacted NICS to initiate a national
 instant criminal background check and NICS has not notified  the  dealer
 that the transfer of the firearm, rifle or shotgun to such person should
 be denied.
   (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 PURSUANT TO SUBDIVI-
 SION FOUR OF SECTION 400.02 OF THE PENAL LAW,  INFORMING  DENIED  APPLI-
 CANTS 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.

 A. 4928                             3
 
   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-
 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 amended by chapter 244 of the
 laws of 2019, 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  in
 the  performance  of  their  duties.  Records assembled or collected for
 purposes of inclusion in the database established by this section  shall
 be released pursuant to a court order.

 A. 4928                             4
 
   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-
 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-SEVEN 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

 A. 4928                             5
 
 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.
   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 235 to read
 as follows:
   § 235. 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 236 to  read
 as follows:
   §  236.  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

 A. 4928                             6
 
 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
 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 237 to  read
 as follows:
   §  237. 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;

 A. 4928                             7
 
   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;
   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.

 A. 4928                             8
 
   (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.
   (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

 A. 4928                             9
 
 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.
   (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.