S3269A-2011 Actions

• Mar 12, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Mar 12, 2012: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
• Jan 4, 2012: REFERRED TO FINANCE
• Jun 14, 2011: PRINT NUMBER 3269A
• Jun 14, 2011: AMEND AND RECOMMIT TO FINANCE
• Feb 15, 2011: REFERRED TO FINANCE

S3269A-2011 Memo

BILL NUMBER:S3269A

TITLE OF BILL:

An act
to amend the executive law, in relation to the definition of qualified
agencies

PURPOSE:

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 for use in connection with
the representation of public defense clients as defined in County Law
article 18-b.

SUMMARY OF 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.

In order to provide effective representation, including bail
applications, case investigation, plea negotiation, and sentencing
advocacy, public defense attorneys need to have ready access to
criminal history reports of clients and witness. 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.

In 1991, counsel for the Division of Criminal Justice Services
acknowledged the importance of granting public defense counsel direct
access to criminal history information: "Since defense representation
is a criminal justice function and an integral part of the criminal
justice system, it is a natural extension to grant defense counsel
the same ability to access Division of Criminal Justice Services


criminal history records currently afforded to prosecutors." 1991
Legislative Proposal
IR Memorandum, M. Dawn Herkenham, Counsel,
Division of Criminal Justice Services to Evan A. Davis, Counsel to
the Governor. The Division of Criminal Justice Services' Systems
Improvements for Enhanced Community Safety (SIFECS) public Defense
State I Report (1990) also advocated for public defense counsel
having direct access to criminal history information. "Ready access
to criminal histories will benefit the defense and positively impact
the efficiency of the criminal justice system." Public Defense State
I Report, III-3.

LEGISLATIVE HISTORY:
Senate   2009-10: S.8229 - Passed Senate
Assembly 2009-10: A.11602 (Lentol) - Referred to Governmental
Operations

FISCAL IMPLICATIONS:
Minimal.

LOCAL FISCAL IMPLICATIONS:

EFFECTIVE DATE:
Immediately.

S3269A-2011 Text

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

                                   3269--A

                         2011-2012 Regular Sessions

                              I N  SENATE

                              February 15, 2011
                                 ___________

  Introduced  by  Sens.  HASSELL-THOMPSON, GRISANTI, MARTINS -- read twice
    and ordered printed, and when printed to be committed to the Committee
    on Finance -- committee discharged, bill amended, ordered reprinted as
    amended and recommitted to said committee

  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
  amended  by section 102 of subpart B of part C of chapter 62 of the laws
  of 2011, 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 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 Medicaid inspector general, the temporary
  state commission of investigation, the criminal investigations bureau of
  the banking department, police forces and departments  having  responsi-
  bility for enforcement of the general criminal laws of the state and the
  Onondaga  County  Center  for  Forensic  Sciences Laboratory when acting
  within the scope of its law enforcement  duties  AND  PUBLIC  DEFENDERS,
  LEGAL AID SOCIETIES, AND ASSIGNED COUNSEL ADMINISTRATORS.
    S 2. This act shall take effect immediately.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD07102-03-1