S1586-2013 Actions

• Jan 9, 2013: REFERRED TO FINANCE

S1586-2013 Memo

BILL NUMBER:S1586

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 ox 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: S. 7005A of 2012 referred
to Finance

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

S1586-2013 Text

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

                                    1586

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced  by  Sens.  GRISANTI, HASSELL-THOMPSON, MARTINS -- read twice
    and ordered printed, and when printed to be committed to the Committee
    on Finance

  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 sepa-
  rately amended by chapters 14 and 155 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 financial frauds and consumer protection  unit  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 thirty of the public health law, the child protec-
  tive 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, 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 division  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 INFOR-
  MATION 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.
                                                             LBD04673-02-3