Bill Text: NY S06734 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to disclosure of arrest and prosecution records of applicants for employment as police officers or peace officers; authorizes the disclosure of arrest and prosecution records to prospective employers of police officer and peace officer applicants provided that every person who is an applicant for the position of police officer or peace officer shall be furnished with a copy of all records and afforded an opportunity to make an explanation thereto.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2018-06-20 - COMMITTED TO RULES [S06734 Detail]

Download: New_York-2017-S06734-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          6734
                               2017-2018 Regular Sessions
                    IN SENATE
                                      June 15, 2017
                                       ___________
        Introduced  by  Sen.  CROCI  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
        AN ACT to amend the criminal procedure law, in relation to disclosure of
          arrest and prosecution records of applicants for employment as  police
          officers or peace officers
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraph (d) of subdivision 1 of  section  160.55  of  the
     2  criminal  procedure  law, as amended by chapter 449 of the laws of 2015,
     3  is amended to read as follows:
     4    (d) the records referred to in paragraph (c) of this subdivision shall
     5  be made available to the person accused or to such  person's  designated
     6  agent, and shall be made available to (i) a prosecutor in any proceeding
     7  in  which  the accused has moved for an order pursuant to section 170.56
     8  or 210.46 of this chapter, or (ii) a  law  enforcement  agency  upon  ex
     9  parte motion in any superior court, or in any district court, city court
    10  or  the  criminal court of the city of New York provided that such court
    11  sealed the record, if such agency demonstrates to  the  satisfaction  of
    12  the  court  that justice requires that such records be made available to
    13  it, or (iii) any state or local officer or  agency  with  responsibility
    14  for  the issuance of licenses to possess guns, when the accused has made
    15  application for such a license, or (iv) the New York state department of
    16  corrections and community supervision when the accused is  under  parole
    17  supervision as a result of conditional release or parole release granted
    18  by  the  New  York  state  board  of  parole and the arrest which is the
    19  subject of the inquiry is one which occurred while the accused was under
    20  such supervision, or (v) the probation department responsible for super-
    21  vision of the accused when the  arrest  which  is  the  subject  of  the
    22  inquiry  is  one  which occurred while the accused was under such super-
    23  vision, or (vi) a police agency, probation department, sheriff's office,
    24  district attorney's office, department of correction of any municipality
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11818-01-7
        S. 6734                             2
     1  and parole department, for law  enforcement  purposes,  upon  arrest  in
     2  instances  in which the individual stands convicted of harassment in the
     3  second degree, as defined in section 240.26 of the penal law,  committed
     4  against  a  member  of the same family or household as the defendant, as
     5  defined in subdivision one of section 530.11 of this chapter, and deter-
     6  mined pursuant to subdivision eight-a of section 170.10 of  this  title,
     7  or  (vii)  any prospective employer of a police officer or peace officer
     8  as those terms are defined in subdivisions thirty-three and  thirty-four
     9  of  section  1.20  of  this  chapter,  in relation to an application for
    10  employment as a police officer or peace officer; provided, however, that
    11  every person who is an applicant for the position of police  officer  or
    12  peace  officer  shall  be  furnished with a copy of all records obtained
    13  under this paragraph and afforded an opportunity to make an  explanation
    14  thereto; and
    15    § 2. This act shall take effect immediately.