Bill Text: NY A03037 | 2011-2012 | General Assembly | Introduced

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Bill Title: Requires background checks for peace officers and police officers; requires an employer to disclose employment information relating to a current or former employee, upon request from a law enforcement agency; defines "employment information"; permits such employer to charge reasonable fees to cover actual costs incurred in copying and furnishing such documents.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2012-01-04 - referred to codes [A03037 Detail]

Download: New_York-2011-A03037-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3037
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 21, 2011
                                      ___________
       Introduced  by  M.  of A. MORELLE, OAKS -- read once and referred to the
         Committee on Codes
       AN ACT to amend the criminal procedure law  and  the  general  municipal
         law,  in  relation  to background checks for peace officers and police
         officers
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  criminal  procedure  law  is amended by adding a new
    2  section 2.40 to read as follows:
    3  S 2.40 BACKGROUND CHECKS.
    4    1. FOR PURPOSES OF PERFORMING A THOROUGH BACKGROUND INVESTIGATION  FOR
    5  APPLICANTS  FOR  A PROSPECTIVE PEACE OFFICER, AN EMPLOYER SHALL DISCLOSE
    6  EMPLOYMENT INFORMATION RELATING TO A CURRENT OR  FORMER  EMPLOYEE,  UPON
    7  REQUEST  OF A LAW ENFORCEMENT AGENCY, IF ALL OF THE FOLLOWING CONDITIONS
    8  ARE MET:
    9    (A) THE REQUEST IS MADE IN WRITING;
   10    (B) THE REQUEST IS ACCOMPANIED BY A  NOTARIZED  AUTHORIZATION  BY  THE
   11  APPLICANT RELEASING THE EMPLOYER OF LIABILITY; AND
   12    (C) THE REQUEST AND THE AUTHORIZATION ARE PRESENTED TO THE EMPLOYER BY
   13  A SWORN OFFICER OR OTHER REPRESENTATIVE OF THE EMPLOYING LAW ENFORCEMENT
   14  AGENCY.
   15    2. NO EMPLOYER ACTING REASONABLY AND IN GOOD FAITH SHALL BE LIABLE FOR
   16  ANY  ACT  OR  OMISSION  RELATED TO THE RELEASE OF EMPLOYMENT INFORMATION
   17  REQUIRED PURSUANT TO THIS SECTION.  NOTHING IN THIS SECTION IS  INTENDED
   18  TO,  NOR  DOES  IT IN ANY WAY OR MANNER, ABROGATE OR LESSEN THE EXISTING
   19  COMMON LAW OR STATUTORY PRIVILEGES AND IMMUNITIES OF AN EMPLOYER.
   20    3. FOR PURPOSES OF THIS  SECTION,  "EMPLOYMENT  INFORMATION"  INCLUDES
   21  WRITTEN  INFORMATION  IN  CONNECTION  WITH JOB APPLICATIONS, PERFORMANCE
   22  EVALUATIONS, ATTENDANCE RECORDS, DISCIPLINARY ACTIONS,  ELIGIBILITY  FOR
   23  REHIRE,  AND  OTHER  INFORMATION  RELEVANT TO PEACE OFFICER PERFORMANCE,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00687-01-1
       A. 3037                             2
    1  EXCEPT INFORMATION PROHIBITED FROM DISCLOSURE  BY  ANY  OTHER  STATE  OR
    2  FEDERAL LAW OR REGULATION.
    3    4.  AN EMPLOYER'S REFUSAL TO DISCLOSE INFORMATION TO A LAW ENFORCEMENT
    4  AGENCY IN ACCORDANCE WITH THIS  SECTION  SHALL  CONSTITUTE  GROUNDS  FOR
    5  CIVIL  ACTION  FOR INJUNCTIVE RELIEF REQUIRING DISCLOSURE ON THE PART OF
    6  AN EMPLOYER.
    7    5. EMPLOYMENT INFORMATION DISCLOSED  BY  AN  EMPLOYER  TO  AN  INITIAL
    8  REQUESTING LAW ENFORCEMENT AGENCY SHALL BE DEEMED CONFIDENTIAL. HOWEVER,
    9  THE INITIAL REQUESTING LAW ENFORCEMENT AGENCY MAY DISCLOSE THIS INFORMA-
   10  TION  TO ANOTHER AUTHORIZED LAW ENFORCEMENT AGENCY THAT IS ALSO CONDUCT-
   11  ING A PEACE OFFICER BACKGROUND INVESTIGATION. WHENEVER THIS  INFORMATION
   12  IS  DISCLOSED  TO  ANOTHER  LAW  ENFORCEMENT  AGENCY,  THAT AGENCY SHALL
   13  UTILIZE THE INFORMATION FOR INVESTIGATIVE LEADS ONLY AND THE INFORMATION
   14  SHALL BE INDEPENDENTLY VERIFIED BY THAT AGENCY IN ORDER TO  BE  USED  IN
   15  DETERMINING THE SUITABILITY OF A PEACE OFFICER APPLICANT.
   16    6.  AN  EMPLOYER  MAY  CHARGE  REASONABLE  FEES  TO COVER ACTUAL COSTS
   17  INCURRED IN COPYING AND FURNISHING DOCUMENTS TO LAW ENFORCEMENT AGENCIES
   18  AS REQUIRED BY THIS SECTION.
   19    S 2. The general municipal law is amended  by  adding  a  new  section
   20  209-qq to read as follows:
   21    S 209-QQ.    BACKGROUND  CHECKS; POLICE OFFICERS.   1. FOR PURPOSES OF
   22  PERFORMING A THOROUGH BACKGROUND  INVESTIGATION  FOR  APPLICANTS  FOR  A
   23  PROSPECTIVE POLICE OFFICER, AN EMPLOYER SHALL DISCLOSE EMPLOYMENT INFOR-
   24  MATION  RELATING  TO A CURRENT OR FORMER EMPLOYEE, UPON REQUEST OF A LAW
   25  ENFORCEMENT AGENCY, IF ALL OF THE FOLLOWING CONDITIONS ARE MET:
   26    (A) THE REQUEST IS MADE IN WRITING;
   27    (B) THE REQUEST IS ACCOMPANIED BY A  NOTARIZED  AUTHORIZATION  BY  THE
   28  APPLICANT RELEASING THE EMPLOYER OF LIABILITY; AND
   29    (C) THE REQUEST AND THE AUTHORIZATION ARE PRESENTED TO THE EMPLOYER BY
   30  A SWORN OFFICER OR OTHER REPRESENTATIVE OF THE EMPLOYING LAW ENFORCEMENT
   31  AGENCY.
   32    2. NO EMPLOYER ACTING REASONABLY AND IN GOOD FAITH SHALL BE LIABLE FOR
   33  ANY  ACT  OR  OMISSION  RELATED TO THE RELEASE OF EMPLOYMENT INFORMATION
   34  REQUIRED PURSUANT TO THIS SECTION.  NOTHING IN THIS SECTION IS  INTENDED
   35  TO,  NOR  DOES  IT IN ANY WAY OR MANNER, ABROGATE OR LESSEN THE EXISTING
   36  COMMON LAW OR STATUTORY PRIVILEGES AND IMMUNITIES OF AN EMPLOYER.
   37    3. FOR PURPOSES OF THIS  SECTION,  "EMPLOYMENT  INFORMATION"  INCLUDES
   38  WRITTEN  INFORMATION  IN  CONNECTION  WITH  JOB APPLICATION, PERFORMANCE
   39  EVALUATIONS, ATTENDANCE RECORDS, DISCIPLINARY ACTIONS,  ELIGIBILITY  FOR
   40  REHIRE,  AND  OTHER  INFORMATION RELEVANT TO POLICE OFFICER PERFORMANCE,
   41  EXCEPT INFORMATION PROHIBITED FROM DISCLOSURE  BY  ANY  OTHER  STATE  OR
   42  FEDERAL LAW OR REGULATION.
   43    4.  AN EMPLOYER'S REFUSAL TO DISCLOSE INFORMATION TO A LAW ENFORCEMENT
   44  AGENCY IN ACCORDANCE WITH THIS  SECTION  SHALL  CONSTITUTE  GROUNDS  FOR
   45  CIVIL  ACTION  FOR INJUNCTIVE RELIEF REQUIRING DISCLOSURE ON THE PART OF
   46  AN EMPLOYER.
   47    5. EMPLOYMENT INFORMATION DISCLOSED  BY  AN  EMPLOYER  TO  AN  INITIAL
   48  REQUESTING LAW ENFORCEMENT AGENCY SHALL BE DEEMED CONFIDENTIAL. HOWEVER,
   49  THE INITIAL REQUESTING LAW ENFORCEMENT AGENCY MAY DISCLOSE THIS INFORMA-
   50  TION  TO ANOTHER AUTHORIZED LAW ENFORCEMENT AGENCY THAT IS ALSO CONDUCT-
   51  ING A POLICE OFFICER BACKGROUND INVESTIGATION. WHENEVER THIS INFORMATION
   52  IS DISCLOSED TO  ANOTHER  LAW  ENFORCEMENT  AGENCY,  THAT  AGENCY  SHALL
   53  UTILIZE THE INFORMATION FOR INVESTIGATIVE LEADS ONLY AND THE INFORMATION
   54  SHALL  BE  INDEPENDENTLY  VERIFIED BY THAT AGENCY IN ORDER TO BE USED IN
   55  DETERMINING THE SUITABILITY OF A POLICE OFFICER APPLICANT.
       A. 3037                             3
    1    6. AN EMPLOYER MAY  CHARGE  REASONABLE  FEES  TO  COVER  ACTUAL  COSTS
    2  INCURRED IN COPYING AND FURNISHING DOCUMENTS TO LAW ENFORCEMENT AGENCIES
    3  AS REQUIRED BY THIS SECTION.
    4    S 3. This act shall take effect on the one hundred twentieth day after
    5  it shall have become a law.