Bill S1423-2011

Permits disclosure of arrest and prosecution records of applicants for employment in police departments and law enforcement agencies

Permits disclosure of arrest and prosecution records of applicants for employment by police departments and other law enforcement agencies.

Details

Actions

  • Jan 4, 2012: REFERRED TO CODES
  • Jan 4, 2012: returned to senate
  • Jan 4, 2012: died in assembly
  • Feb 14, 2011: referred to codes
  • Feb 14, 2011: DELIVERED TO ASSEMBLY
  • Feb 14, 2011: PASSED SENATE
  • Feb 8, 2011: ADVANCED TO THIRD READING
  • Feb 7, 2011: 2ND REPORT CAL.
  • Feb 1, 2011: 1ST REPORT CAL.62
  • Jan 7, 2011: REFERRED TO CODES

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Codes - Feb 1, 2011
Ayes (12): Saland, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, Nozzolio, O'Mara, Gianaris, Squadron, Espaillat
Nays (3): Huntley, Parker, Perkins
Excused (1): Duane

Memo

BILL NUMBER:S1423

TITLE OF BILL:

An act to amend the criminal procedure law and the executive law, in relation to disclosure of arrest and prosecution records of applicants for employment by police departments and other law enforcement agencies

PURPOSE:

To allow the disclosure of criminal histories of all applicants for employment by police departments and other law enforcement agencies.

SUMMARY OF PROVISIONS:

This bill amends Criminal Procedure Law §§ 160.50(d) and 160.55 (d) as well as Executive Law Section 296 (16) to allow the disclosure of criminal histories of all applicants for employment by police departments and other law enforcement agencies. The amendments to the Criminal Procedure Law allow for unsealing of criminal histories for the purpose of investigating applicants for law enforcement positions. The companion amendment to the Executive Law removes as an unlawful discriminatory practice under Section 296 (16) inquiries made by a police department or law enforcement agency regarding the criminal history of an applicant for a position with such department or agency.

JUSTIFICATION:

It is vitally important that police departments and other law enforcement agencies have the ability to conduct thorough background checks on potential employees. Current law provides an ability to do so when the applicant is a potential police officer or peace officer, pursuant to Criminal Procedure Law § 160.50(d). Law enforcement agencies may in that instance receive criminal histories that include sealed cases terminated in favor of the accused.

However, under current law, no such ability exists when the case was sealed under the provisions of Criminal Procedure Law § 160.55, after a conviction of a non-criminal offense. This anomalous result, where law enforcement is authorized to obtain records of sealed acquittals but not sealed convictions, must be corrected.

Further, in neither case are the records of potential civilian employees of law enforcement agencies made available. Employment by a police agency is by definition sensitive in nature. Civilian employees may have access to highly confidential information and, may occupy positions of trust, with the availability to take enforcement action or make decisions affecting agency operations and policy. police agencies are responsible for both conventional crime fighting and counter terrorism efforts, and it is vitally important that as much information be obtained about potential employees as possible, in al ranks and for all purposes, before a law enforcement agency entrusts them with responsibility for public safety.

LEGISLATIVE HISTORY:

2007-2008: S.4268A - Referred to Codes, Passed Senate 2009-2010: S.2101 - Referred to Codes

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

90 days after it shall have become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 1423 2011-2012 Regular Sessions IN SENATE January 7, 2011 ___________
Introduced by Sens. GOLDEN, LARKIN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the criminal procedure law and the executive law, in relation to disclosure of arrest and prosecution records of applicants for employment by police departments and other law enforcement agen- cies THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (d) of subdivision 1 of section 160.50 of the criminal procedure law, as amended by chapter 169 of the laws of 1994, is amended to read as follows: (d) such records shall be made available to the person accused or to such person's designated agent, and shall be made available to (i) a prosecutor in any proceeding in which the accused has moved for an order pursuant to section 170.56 or 210.46 of this chapter, or (ii) a law enforcement agency upon ex parte motion in any superior court, if such agency demonstrates to the satisfaction of the court that justice requires that such records be made available to it, or (iii) any state or local officer or agency with responsibility for the issuance of licenses to possess guns, when the accused has made application for such a license, or (iv) the New York state division of parole when the accused is on parole supervision as a result of conditional release or a parole release granted by the New York state board of parole, and the arrest which is the subject of the inquiry is one which occurred while the accused was under such supervision, or (v) any prospective employer of a police officer or peace officer as those terms are defined in subdivisions thirty-three and thirty-four of section 1.20 of this chap- ter, in relation to an application for employment as a police officer or peace officer; provided, however, that every person who is an applicant for the position of police officer or peace officer shall be furnished with a copy of all records obtained under this paragraph and afforded an
opportunity to make an explanation thereto, or (vi) A POLICE DEPARTMENT OR OTHER LAW ENFORCEMENT AGENCY, IN RELATION TO AN APPLICATION BY THE PERSON ACCUSED FOR EMPLOYMENT BY SUCH AGENCY OR DEPARTMENT; PROVIDED, HOWEVER, THAT EVERY SUCH PERSON SHALL BE FURNISHED WITH A COPY OF ALL RECORDS OBTAINED UNDER THIS PARAGRAPH AND AFFORDED AN OPPORTUNITY TO MAKE AN EXPLANATION THERETO, OR (VII) the probation department responsi- ble for supervision of the accused when the arrest which is the subject of the inquiry is one which occurred while the accused was under such supervision; and S 2. Paragraph (d) of subdivision 1 of section 160.55 of the criminal procedure law, as amended by chapter 476 of the laws of 2009, is amended to read as follows: (d) the records referred to in paragraph (c) of this subdivision shall be made available to the person accused or to such person's designated agent, and shall be made available to (i) a prosecutor in any proceeding in which the accused has moved for an order pursuant to section 170.56 or 210.46 of this chapter, or (ii) a law enforcement agency upon ex parte motion in any superior court, if such agency demonstrates to the satisfaction of the court that justice requires that such records be made available to it, or (iii) any state or local officer or agency with responsibility for the issuance of licenses to possess guns, when the accused has made application for such a license, or (iv) the New York state division of parole when the accused is under parole supervision as a result of conditional release or parole release granted by the New York state board of parole and the arrest which is the subject of the inquiry is one which occurred while the accused was under such super- vision, or (v) the probation department responsible for supervision of the accused when the arrest which is the subject of the inquiry is one which occurred while the accused was under such supervision, or (vi) a police agency, probation department, sheriff's office, district attor- ney's office, department of correction of any municipality and parole department, for law enforcement purposes, upon arrest in instances in which the individual stands convicted of harassment in the second degree, as defined in section 240.26 of the penal law, committed against a member of the same family or household as the defendant, as defined in subdivision one of section 530.11 of this chapter, and determined pursu- ant to subdivision eight-a of section 170.10 of this title; OR (VII) A POLICE DEPARTMENT OR OTHER LAW ENFORCEMENT AGENCY, IN RELATION TO AN APPLICATION BY THE PERSON ACCUSED FOR EMPLOYMENT BY SUCH AGENCY OR DEPARTMENT; PROVIDED, HOWEVER, THAT EVERY SUCH PERSON SHALL BE FURNISHED WITH A COPY OF ALL RECORDS OBTAINED UNDER THIS PARAGRAPH AND AFFORDED AN OPPORTUNITY TO MAKE AN EXPLANATION THERETO; and S 3. Subdivision 16 of section 296 of the executive law, as separately amended by section 3 of part N and section 14 of part AAA of chapter 56 of the laws of 2009, is amended to read as follows: 16. It shall be an unlawful discriminatory practice, unless specif- ically required or permitted by statute, for any person, agency, bureau, corporation or association, including the state and any political subdi- vision thereof, to make any inquiry about, whether in any form of appli- cation or otherwise, or to act upon adversely to the individual involved, any arrest or criminal accusation of such individual not then pending against that individual which was followed by a termination of that criminal action or proceeding in favor of such individual, as defined in subdivision two of section 160.50 of the criminal procedure law, or by a youthful offender adjudication, as defined in subdivision one of section 720.35 of the criminal procedure law, or by a conviction
for a violation sealed pursuant to section 160.55 of the criminal proce- dure law or by a conviction which is sealed pursuant to section 160.58 of the criminal procedure law, in connection with the licensing, employ- ment or providing of credit or insurance to such individual; provided, further, that no person shall be required to divulge information pertaining to any arrest or criminal accusation of such individual not then pending against that individual which was followed by a termination of that criminal action or proceeding in favor of such individual, as defined in subdivision two of section 160.50 of the criminal procedure law, or by a youthful offender adjudication, as defined in subdivision one of section 720.35 of the criminal procedure law, or by a conviction for a violation sealed pursuant to section 160.55 of the criminal proce- dure law, or by a conviction which is sealed pursuant to section 160.58 of the criminal procedure law. The provisions of this subdivision shall not apply to the licensing activities of governmental bodies in relation to the regulation of guns, firearms and other deadly weapons or in relation to an application for employment as a police officer or peace officer as those terms are defined in subdivisions thirty-three and thirty-four of section 1.20 of the criminal procedure law OR IN RELATION TO AN APPLICATION FOR EMPLOYMENT FOR ANY POSITION IN A POLICE DEPART- MENT OR OTHER LAW ENFORCEMENT AGENCY; provided further that the provisions of this subdivision shall not apply to an application for employment or membership in any law enforcement agency with respect to any arrest or criminal accusation which was followed by a youthful offender adjudication, as defined in subdivision one of section 720.35 of the criminal procedure law, or by a conviction for a violation sealed pursuant to section 160.55 of the criminal procedure law, or by a conviction which is sealed pursuant to section 160.58 of the criminal procedure law. S 4. This act shall take effect on the ninetieth day after it shall have become a law.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus