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Assembly Bill A7378

2023-2024 Legislative Session

Provides for background checks for police transfer candidates

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Archive: Last Bill Status - In Assembly Committee

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2023-A7378 (ACTIVE) - Details

See Senate Version of this Bill:
S7376
Current Committee:
Assembly Governmental Employees
Law Section:
Civil Service Law
Laws Affected:
Amd §50, Civ Serv L

2023-A7378 (ACTIVE) - Summary

Provides for background checks for police transfer candidates.

2023-A7378 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7378
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 18, 2023
                                ___________
 
 Introduced by M. of A. PHEFFER AMATO -- (at request of the Department of
   Civil  Service)  -- read once and referred to the Committee on Govern-
   mental Employees
 
 AN ACT to amend the civil service law, in relation to background  checks
   for police transfer candidates
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The closing paragraph of subdivision 4 of section 50 of the
 civil service law, as added by chapter 164  of  the  laws  of  2003,  is
 amended to read as follows:
   In  connection  with  their lawful responsibilities or functions under
 paragraph (d) of this subdivision, the department and appropriate munic-
 ipal commissions may  require  applicants  to  undergo  a  state  and  a
 national  criminal history record check. When required, the fingerprints
 of such an applicant shall be submitted  to  the  division  of  criminal
 justice  services  and  the  division  of  criminal  justice services is
 authorized to submit such fingerprints to the federal bureau of investi-
 gation, in accordance with applicable rules or  regulations  promulgated
 by  such  entities,  in  order to obtain relevant state criminal history
 record information, if any, concerning such applicant and for a national
 criminal history record check. The department and municipal  commissions
 shall  ensure  that  adequate notice be provided to applicants regarding
 the fact that state and national criminal history record checks  may  be
 conducted,  and  the  procedures  therefor.   Provided[, however,] that,
 OTHER THAN FOR THE POSITION OF POLICE OFFICER AS DEFINED IN  SUBDIVISION
 THIRTY-FOUR   OF  SECTION  1.20  OF  THE  CRIMINAL  PROCEDURE  LAW,  the
 provisions of this section shall not apply to (1) any current  employee;
 or (2) a person who is considered an applicant by reason of (a) a trans-
 fer  pursuant to section seventy of this chapter; or (b) a person who is
 on a preferred list subject to section eighty-one of  this  chapter;  or
 (c)  a  person  whose  name is on an eligible list as defined in section
 fifty-six of this [article] TITLE and who has successfully  completed  a
 promotion exam subject to section fifty-two of this [article] TITLE.
   § 2. This act shall take effect immediately.

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