S2366-2011 Actions

• Jan 4, 2012: REFERRED TO FINANCE
• Jan 19, 2011: REFERRED TO FINANCE

S2366-2011 Memo

BILL NUMBER:S2366

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.

S2366-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2366
 2011-2012 Regular Sessions
 I N  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

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