Senate Bill S1450A

2015-2016 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Codes 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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Bill Amendments

2015-S1450 - Details

Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§160.50, 160.55 & 160.58, CP L; amd §296, Exec L
Versions Introduced in Other Legislative Sessions:
2013-2014: S4071
2017-2018: S420

2015-S1450 - Summary

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

2015-S1450 - Sponsor Memo

2015-S1450 - Bill Text download pdf

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

                                  1450

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 12, 2015
                               ___________

Introduced  by  Sen.  GOLDEN -- 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 section 73 of subpart B of part  C
of chapter 62 of the laws of 2011, 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  department  of  corrections  and
community  supervision  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  super-
vision  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 chapter, in relation to an applica-
tion 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00561-01-5
              

2015-S1450A (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§160.50, 160.55 & 160.58, CP L; amd §296, Exec L
Versions Introduced in Other Legislative Sessions:
2013-2014: S4071
2017-2018: S420

2015-S1450A (ACTIVE) - Summary

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

2015-S1450A (ACTIVE) - Sponsor Memo

2015-S1450A (ACTIVE) - Bill Text download pdf

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

                                 1450--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 12, 2015
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes  --  recommitted  to
  the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

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 449 of the laws of 2015,
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, or in any
district court, city court or the criminal court of the city of New York
provided  that such court sealed the record, 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 department of corrections and community supervision 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

              

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