Bill Text: NY S09729 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to the examination of certain sealed records by the New York state comptroller.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-23 - REFERRED TO CODES [S09729 Detail]

Download: New_York-2023-S09729-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9729

                    IN SENATE

                                      May 23, 2024
                                       ___________

        Introduced  by  Sen.  HOYLMAN-SIGAL  --  (at  request of the State Comp-
          troller) -- read twice and ordered printed, and  when  printed  to  be
          committed to the Committee on Codes

        AN  ACT to amend the criminal procedure law, in relation to the examina-
          tion of certain sealed records

          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 160.50 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)  such  records shall be made available to the person accused or to
     5  such person's designated agent, and shall be made  available  to  (i)  a
     6  prosecutor in any proceeding in which the accused has moved for an order
     7  pursuant  to  section 170.56 or 210.46 of this [chapter] part, or (ii) a
     8  law enforcement agency upon ex parte motion in any superior court, or in
     9  any district court, city court or the criminal court of the city of  New
    10  York  provided  that such court sealed the record, if such agency demon-
    11  strates to the satisfaction of the court that justice requires that such
    12  records be made available to it, or (iii) any state or local officer  or
    13  agency with responsibility for the issuance of licenses to possess guns,
    14  when  the  accused  has made application for such a license, or (iv) the
    15  New York state department of corrections and community supervision  when
    16  the  accused is on parole supervision as a result of conditional release
    17  or a parole release granted by the New York state board of  parole,  and
    18  the  arrest  which  is  the subject of the inquiry is one which occurred
    19  while the accused was under such supervision,  or  (v)  any  prospective
    20  employer of a police officer or peace officer as those terms are defined
    21  in  subdivisions  thirty-three  and  thirty-four of section 1.20 of this
    22  chapter, in relation to an application for employment as a police  offi-
    23  cer  or  peace  officer;  provided, however, that every person who is an
    24  applicant for the position of police officer or peace officer  shall  be
    25  furnished  with  a copy of all records obtained under this paragraph and
    26  afforded an opportunity to make an  explanation  thereto,  or  (vi)  the
    27  probation department responsible for supervision of the accused when the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14505-01-4
        S. 9729                             2

     1  arrest  which  is the subject of the inquiry is one which occurred while
     2  the accused was under such supervision, or (vii) the office of  the  New
     3  York  state comptroller for purposes of an examination pursuant to arti-
     4  cle three of the general municipal law; and
     5    § 2. This act shall take effect immediately.