S4421-2011 Actions

• Jan 4, 2012: REFERRED TO LOCAL GOVERNMENT
• Apr 5, 2011: REFERRED TO LOCAL GOVERNMENT

S4421-2011 Memo

BILL NUMBER:S4421

TITLE OF BILL:

An act
to amend the county law, in relation to the availability of calls made
to a municipality's E911 system

SUMMARY OF PROVISIONS:

Section one of the bill amends subdivision four of 308 of the
County Law to authorize the release of E911 records under certain
circumstances.

Section 2 is the enacting provision.

JUSTIFICATION:

E911 is the term used to describe an "enhanced" 911 emergency
system. Using that system, the recipient of the emergency call has
the ability to know the phone number used to make the call and the
location from which the call was made.

Under current law, E911 records simply cannot be disclosed by
county law enforcement because 308 of the County Law states that
such records "not be made available." Many instances have arisen
in which those agencies have wanted to disclose the contents of
E911 tape recordings, either in the form of the recordings
themselves or transcripts thereof, but they have been frustrated
due to the prohibition imposed by the County Law.

The bill amends subdivision (4) of 308 of the County Law to give
law enforcement agencies the flexibility to disclose those records
when it is in the public interest to do so while clearly enabling
those agencies to protect personal privacy and safety.

PRIOR LEGISLATIVE HISTORY:

2005-2006: S.4902 Senate Local Government Cmte./A.8154
Assembly Local
2007-2008: S.832 Senate Local Government Cmte./A.3453 Assembly
Local Governments Cmte.
2009-2010: S.1679 Senate Local Government Cmte.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately.

S4421-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         4421
 2011-2012 Regular Sessions
 I N  SENATE
 April 5, 2011
 
 Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
 printed to be committed to the Committee on Local Government
 

AN ACT to amend the county law, in relation to the availability of calls
 made to a municipality's E911 system
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1. Subdivision 4 of section 308 of the county law, as amended
 by chapter 309 of the laws of 1996, is amended to read as follows:

 4.  Records, in whatever form they may be kept, of  calls  made  to  a
 municipality's  E911  system  [shall]  NEED  not be made available to or
 obtained by any entity or person, other than that municipality's  public
 safety agency, another government agency or body, or a private entity or
 a  person  providing medical, ambulance or other emergency services, and
 shall not  be  utilized  for  any  commercial  purpose  other  than  the
 provision  of emergency services; PROVIDED, HOWEVER, THAT A MUNICIPALITY
 MAY DISCLOSE ANY PORTION OF SUCH RECORDS IN ANY EMERGENCY  SITUATION  TO
 PROTECT  PUBLIC  SAFETY  OR  UPON  THE  CONSENT OF PERSONS WHO MADE SUCH
 CALLS.
 

S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD10565-01-1

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