Includes constables and police constables of a town or village within the definition of "qualified agencies".
TITLE OF BILL: An act to amend the executive law, in relation to including constables and police constables of a town or village within the definition of "qualified agencies"
PURPOSE: This legislation would permit constables to access criminal history and other pertinent information contained in the Division for Criminal Justice Services' databases.
SUMMARY OF PROVISIONS: The bill amends section 835(9) of the executive law to add constables to the list of "qualified agencies" that are permitted to access criminal history information.
JUSTIFICATION: Constables are peace officers who perform important law enforcement services. Constables often conduct traffic stops, answer calls for service and have powers of arrest as well. Under current law, however, constables are not included in the definition of "qualified agencies" in section 835 of the Executive Law, thereby making them unable to access criminal history and other pertinent information contained within the Division of Criminal Justice Services' databases. In addition to thwarting their ability to accomplish their law enforcement duties, the inability of constables to access this important information may put the safety of constables and others at greater risk, Constables should be provided with every possible tool to allow them to carry out their duties as safely and effectively as possible and this legislation would help to ensure that constables are able to access criminal history and other necessary information in order to continue to carry out their important law enforcement duties in a safe and effective manner.
LEGISLATIVE HISTORY: S.3061 of 2009-10; S.7900 of 2008
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 2366 2011-2012 Regular Sessions IN SENATE January 19, 2011 ___________Introduced by Sens. SEWARD, BONACIC, JOHNSON, LARKIN, O'MARA -- 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 including constables and police constables of a town or village within 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 amended by section 39 of part A of chapter 56 of the laws of 2010, 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 correctional services, the department of correction of any municipality, the insurance frauds bureau of the state department of insurance, 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 protective 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 Medi- caid inspector general, the temporary state commission of investigation, the criminal investigations bureau of the banking department, police forces and departments having responsibility for enforcement of the general criminal laws of the state, CONSTABLES AND POLICE CONSTABLES OF A TOWN OR VILLAGE and the Onondaga County Center for Forensic Sciences Laboratory when acting within the scope of its law enforcement duties. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05832-01-1