S7005A-2011 Actions

• Jun 19, 2012: PRINT NUMBER 7005A
• Jun 19, 2012: AMEND AND RECOMMIT TO FINANCE
• Apr 20, 2012: REFERRED TO FINANCE

S7005A-2011 Memo

BILL NUMBER:S7005A               REVISED 06/21/12

TITLE OF BILL:
An act
to amend the executive law, in relation to the definition of qualified
agencies

PURPOSE OR GENERAL IDEA OF BILL:
To authorize public defenders, legal
aid societies, and administrators of assigned counsel plans to have
access to the Division of Criminal Justice Services' criminal history
records of clients represented by or who receive representation
through those entities.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends subdivision 9 of
Executive Law section 835 to add public defenders, legal aid
societies, and assigned counsel administrators to the list of
qualified agencies. Qualified agencies may enter into agreements with
the Division of Criminal Justice Services for access to its criminal
history database as authorized by subdivision 6 of Executive Law
section 837.

JUSTIFICATION:
Agencies that are defined as "qualified agencies" under
Executive Law � 835(9) have access to the criminal history records
maintained by the Division of Criminal Justice Services. See
Executive Law � 837(6); 9 NYCRR Part 6051. The proposed bill would
add public defenders, legal aid societies, and administrators of
assigned counsel programs to the list of qualified agencies. Public
defense providers would then be able to enter into use and
dissemination agreements with the Division of Criminal Justice
Services that would govern their access to criminal history
information of clients represented by or who receive representation
through those entities

In order to provide effective representation, public defense attorneys
need to have ready access to criminal history reports of clients.
Currently, public defense providers rely on district attorneys,
judges, and other members of the criminal justice community for
access to criminal history reports; often, disclosure of these
reports is not timely. Providing public defense counsel direct access
to criminal history reports will help them provide effective
representation to their clients and will improve the efficiency of
the entire criminal justice system in New York State.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S7005A-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   7005--A

                              I N  SENATE

                               April 20, 2012
                                 ___________

  Introduced  by  Sens.  GRISANTI,  HASSELL-THOMPSON,  MARTINS,  CARLUCCI,
    KLEIN, SAVINO -- read twice and ordered printed, and when  printed  to
    be committed to the Committee on Finance -- committee discharged, bill
    amended,  ordered reprinted as amended and recommitted to said commit-
    tee

  AN ACT to amend the executive law, in  relation  to  the  definition  of
    qualified agencies

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. Subdivision 9 of section  835  of  the  executive  law,  as
  amended  by  chapter  14  of  the  laws  of  2012, is amended to read as
  follows:

    9. "Qualified agencies" means courts in the unified court system,  the
  administrative  board of the judicial conference, probation departments,
  sheriffs' offices, district attorneys' offices, the state department  of
  corrections  and  community supervision, the department of correction of
  any municipality, the insurance frauds bureau of the state department of
  financial services, the office of professional medical  conduct  of  the
  state department of health for the purposes of section two hundred thir-
  ty  of  the  public  health law, the child protective services unit of a
  local social services district when conducting an investigation pursuant
  to subdivision six of section four hundred  twenty-four  of  the  social
  services  law,  the  office of Medicaid inspector general, the temporary
  state commission of investigation, the criminal investigations bureau of
  the department of financial  services,  police  forces  and  departments
  having  responsibility  for  enforcement of the general criminal laws of
  the state, the Onondaga County Center for Forensic  Sciences  Laboratory
  when acting within the scope of its law enforcement duties and the divi-
  sion of forensic services of the Nassau county medical examiner's office
  when  acting  within  the scope of its law enforcement duties AND PUBLIC
  DEFENDERS, LEGAL AID SOCIETIES, AND ASSIGNED COUNSEL ADMINISTRATORS WHEN
  RETRIEVING CRIMINAL HISTORY INFORMATION OF CLIENTS REPRESENTED BY OR WHO
  RECEIVE REPRESENTATION THROUGH THOSE ENTITIES.
    S 2. This act shall take effect immediately.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD07102-06-2