Assembly Bill A8574

2011-2012 Legislative Session

Allows a member of the Niagara county clerk's office to access mental hygiene records to assist in the firearm permit application investigation process

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-A8574 (ACTIVE) - Details

See Senate Version of this Bill:
S6040
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §400.00, Pen L
Versions Introduced in 2013-2014 Legislative Session:
A6806

2011-A8574 (ACTIVE) - Summary

Allows a member of the Niagara county clerk's office to access mental hygiene records to assist in the firearm permit application investigation process.

2011-A8574 (ACTIVE) - Bill Text download pdf

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

                                  8574

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                           September 13, 2011
                               ___________

Introduced  by M. of A. CERETTO -- read once and referred to the Commit-
  tee 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:

  Section  1.  Subdivision  4  of  section  400.00  of the penal law, as
amended by chapter 331 of the  law  of  2005,  is  amended  to  read  as
follows:
  4.  Investigation.  Before a license is issued or renewed, there shall
be an investigation of all statements required in the application by the
duly constituted police authorities of the locality where such  applica-
tion is made. For that purpose, the records of the appropriate office of
the  department  of mental hygiene concerning previous or present mental
illness of the applicant shall be available for inspection by the inves-
tigating officer of the police authority OR IN  NIAGARA  COUNTY  RECORDS
MAY BE ACCESSED BY A CERTIFIED EMPLOYEE OF THE COUNTY CLERK'S OFFICE WHO
IS  AUTHORIZED  TO  ACCESS  CLINICAL  RECORDS IN ACCORDANCE WITH SECTION
33.13 OF THE MENTAL HYGIENE LAW. In  order  to  ascertain  any  previous
criminal  record,  the investigating officer shall take the fingerprints
and physical descriptive data in quadruplicate  of  each  individual  by
whom  the application is signed and verified. Two copies of such finger-
prints shall be taken on standard fingerprint cards eight inches square,
and one copy may be taken on a card supplied for  that  purpose  by  the
federal  bureau of investigation; provided, however, that in the case of
a corporate applicant that has already been issued a dealer in  firearms
license  and seeks to operate a firearm dealership at a second or subse-
quent location, the original fingerprints on file may be used to  ascer-
tain  any criminal record in the second or subsequent application unless
any of the corporate officers have changed since the prior  application,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13352-02-1
              

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