S T A T E O F N E W Y O R K ________________________________________________________________________ 6040 I N S E N A T E (PREFILED) January 4, 2012 ___________ Introduced by Sen. MAZIARZ -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT amending the penal law, in relation to allowing a member of the Niagara county clerk's office to access mental health records for firearm license applications THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision 4 of section 400.00 of the penal law, as 2 amended by chapter 331 of the law of 2005, is amended to read as 3 follows: 4 4. Investigation. Before a license is issued or renewed, there shall 5 be an investigation of all statements required in the application by the 6 duly constituted police authorities of the locality where such applica- 7 tion is made. For that purpose, the records of the appropriate office of 8 the department of mental hygiene concerning previous or present mental 9 illness of the applicant shall be available for inspection by the inves- 10 tigating officer of the police authority OR IN NIAGARA COUNTY RECORDS 11 MAY BE ACCESSED BY A CERTIFIED EMPLOYEE OF THE COUNTY CLERK'S OFFICE WHO 12 IS AUTHORIZED TO ACCESS CLINICAL RECORDS IN ACCORDANCE WITH SECTION 13 33.13 OF THE MENTAL HYGIENE LAW. In order to ascertain any previous 14 criminal record, the investigating officer shall take the fingerprints 15 and physical descriptive data in quadruplicate of each individual by 16 whom the application is signed and verified. Two copies of such finger- 17 prints shall be taken on standard fingerprint cards eight inches square, 18 and one copy may be taken on a card supplied for that purpose by the 19 federal bureau of investigation; provided, however, that in the case of 20 a corporate applicant that has already been issued a dealer in firearms 21 license and seeks to operate a firearm dealership at a second or subse- 22 quent location, the original fingerprints on file may be used to ascer- 23 tain any criminal record in the second or subsequent application unless 24 any of the corporate officers have changed since the prior application, 25 in which case the new corporate officer shall comply with procedures 26 governing an initial application for such license. When completed, one EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13352-02-1 S. 6040 2 1 standard card shall be forwarded to and retained by the division of 2 criminal justice services in the executive department, at Albany. A 3 search of the files of such division and written notification of the 4 results of the search to the investigating officer shall be made without 5 unnecessary delay. Thereafter, such division shall notify the licensing 6 officer and the executive department, division of state police, Albany, 7 of any criminal record of the applicant filed therein subsequent to the 8 search of its files. A second standard card, or the one supplied by the 9 federal bureau of investigation, as the case may be, shall be forwarded 10 to that bureau at Washington with a request that the files of the bureau 11 be searched and notification of the results of the search be made to the 12 investigating police authority. The failure or refusal of the federal 13 bureau of investigation to make the fingerprint check provided for in 14 this section shall not constitute the sole basis for refusal to issue a 15 permit pursuant to the provisions of this section. Of the remaining two 16 fingerprint cards, one shall be filed with the executive department, 17 division of state police, Albany, within ten days after issuance of the 18 license, and the other remain on file with the investigating police 19 authority. No such fingerprints may be inspected by any person other 20 than a peace officer, who is acting pursuant to his special duties, or a 21 police officer, except on order of a judge or justice of a court of 22 record either upon notice to the licensee or without notice, as the 23 judge or justice may deem appropriate. Upon completion of the investi- 24 gation, the police authority shall report the results to the licensing 25 officer without unnecessary delay. 26 S 2. This act shall take effect immediately.