S3326-2013 Actions

• Jan 31, 2013: REFERRED TO FINANCE

S3326-2013 Memo

BILL NUMBER:S3326

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, 111-3.

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.

S3326-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         3326
 2013-2014 Regular Sessions
 I N  SENATE
 January 31, 2013
 
 Introduced by Sens. HASSELL-THOMPSON, GRISANTI, KRUEGER, 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.
 

S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04673-03-3

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