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Senate Bill S7376

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-S7376 (ACTIVE) - Details

See Assembly Version of this Bill:
A7378
Current Committee:
Assembly Governmental Employees
Law Section:
Civil Service Law
Laws Affected:
Amd §50, Civ Serv L

2023-S7376 (ACTIVE) - Summary

Provides for background checks for police transfer candidates.

2023-S7376 (ACTIVE) - Sponsor Memo

2023-S7376 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7376
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 22, 2023
                                ___________
 
 Introduced  by  Sen.  JACKSON  -- (at request of the Department of Civil
   Service) -- read twice and ordered printed, and  when  printed  to  be
   committed to the Committee on Civil Service and Pensions
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05900-01-3

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