Includes constables and police constables of a town or village within the definition of "qualified agencies".

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S3620-2013 Actions

• Feb 7, 2013: REFERRED TO FINANCE

S3620-2013 Memo

BILL NUMBER:S3620

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: This 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 enforce-
ment duties, the inability of constables to access this important infor-
mation 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.2366 of 2011-12; S.3061 of 2009-10; S 7900 of
2008.

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: Immediately.

S3620-2013 Text

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

                                    3620

                         2013-2014 Regular Sessions

                              I N  SENATE

                              February 7, 2013
                                 ___________

  Introduced  by  Sen.  SEWARD -- 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 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, CONSTABLES AND POLICE CONSTABLES OF A TOWN
  OR VILLAGE, the Onondaga County Center for Forensic Sciences  Laboratory
  when acting within the scope of its law enforcement duties and the divi-
  sion of forensic services of the Nassau county medical examiner's office
  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.
                                                             LBD08562-01-3