S T A T E   O F   N E W   Y O R K
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                                  2555

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2009
                               ___________

Introduced  by M. of A. GANTT -- read once and referred to the Committee
  on Governmental Operations

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  chapter  602  of  the  laws  of 2008, 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 state division of probation, 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 twen-
ty-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 responsibility for enforcement of the general crimi-
nal laws of the state  and  the  Onondaga  County  Center  for  Forensic
Sciences  Laboratory when acting within the scope of its law enforcement
duties AND ANY LEGAL AID SOCIETY OR A LEGAL SERVICES OR OTHER  NONPROFIT
ORGANIZATION,  WHICH  HAS AS ITS PRIMARY PURPOSE THE FURNISHING OF LEGAL
SERVICES TO INDIGENT PERSONS, OR BY PRIVATE COUNSEL WORKING ON BEHALF OF
OR UNDER THE AUSPICES OF SUCH SOCIETY OR ORGANIZATION  PROVIDED  THAT  A
DETERMINATION  HAS  BEEN  MADE BY SUCH SOCIETY, ORGANIZATION OR ATTORNEY
THAT SUCH PARTY IS UNABLE TO PAY THE COSTS, FEES AND EXPENSES  NECESSARY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06010-01-9
              

A. 2555                             2

TO OBTAIN THE INDIGENT CLIENT'S RECORD AND PROVIDED THE LEGAL AID SOCIE-
TY  OR  A  LEGAL  SERVICES OR OTHER NONPROFIT ORGANIZATION OR BY PRIVATE
COUNSEL WORKING ON BEHALF OF OR UNDER THE AUSPICES OF  SUCH  SOCIETY  OR
ORGANIZATION  IS  OBTAINING THE RECORD FOR AN INDIVIDUAL WHO HAS AUTHOR-
IZED THE SOCIETY, ORGANIZATION, OR INDIVIDUAL UNDER AUSPICES OF SUCH FOR
THE PURPOSE OF ASCERTAINING THE INDIVIDUAL'S RECORD,  CORRECTING  AND/OR
SEALING  ANY  ELIGIBLE  INFORMATION, AND/OR APPLYING FOR CERTIFICATES OF
RELIEF FROM DISABILITY OR CERTIFICATES OF GOOD CONDUCT.
  S 2. This act shall take effect immediately.