NY State Senate Bill 2015-S2649

Senate Bill S2649

2015-2016 Legislative Session

Prohibits the release of personal medical records or information without a warrant or express written authorization of the individual

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Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to codes
Jan 27, 2015	referred to codes

co-Sponsors

2015-S2649 (ACTIVE) - Details

See Assembly Version of this Bill:: A10401
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§400.00 & 400.02, Pen L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S4947, A7389
2017-2018: S3779, A5355
2019-2020: S3072

2015-S2649 (ACTIVE) - Summary

Prohibits the release of personal medical records or information without a warrant or express written authorization of the individual; prohibits the condition of the consent of release for an application.

2015-S2649 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2649

TITLE OF BILL:  An act to amend the penal law, in relation to
prohibiting the release of personal medical records or information
without a warrant or express written authorization of the individual

SUMMARY OF PROVISIONS:

SECTION 1 amends subdivision 4 of section 400.00 of the Penal Law to
provide that notwithstanding any other provision of law to the
contrary, neither the state police, the division of criminal justice
services, nor any other law enforcement agency or employee thereof
shall be permitted access to personal medical records and other
medical information other than those records required to sent by the
Department of Mental Hygiene without a properly issued warrant, or the
express, notarized permission of the individual whose information is
sought.

SECTION 2 Amends section 400.02 of the penal Law to provide that
notwithstanding any other provision of law to the contrary, neither
the state police, the division of criminal justice services, nor any
other law enforcement agency or employee thereof shall be permitted
access to personal medical records and other medical information other
than those records required to sent by the Department of Mental
Hygiene without a properly issued warrant, or the express, notarized
permission of the individual whose information is sought law

enforcement.

SECTION 3 amends subdivision 3 of section 400.00 by adding a new
paragraph (c) to provide (i)that an application for a firearms license
or the renewal thereof shall not require the applicant to consent to
the release of their personal medical records and other medical
information, other than records required to be provided by the
Department of Mental Hygiene, as a condition of receiving or retaining
such license, unless the investigating agency has a reasonable belief
that a medical issue exists which would justify the denial of a
license pursuant to this section; and (ii)that the state police, the
division of criminal justice services, and any other law enforcement
agency or employee thereof may request a consent from individuals for
the release of their personal medical records or other medical
information where such law enforcement agency has a reasonable belief
that a medical issue exists which would justify the suspension or
revocation for license issued pursuant to this section.

SECTION 4 provides that this act shall take effect immediately after
it shall become law.

PURPOSE AND JUSTIFICATION:

Recently, reports have arisen that law enforcement agencies have
obtained medical information which has led them to notify local county
clerks that the firearm licenses of identified individuals should be
revoked or suspended, and that the individual's firearms should be
surrendered. Generally, medical records are confidential under Federal
HIPAA laws, and law enforcement officers should not be entitled to
search these or any other confidential records without first obtaining
a warrant for such searches or permission from the individual whose


records have been accessed. This bill clarifies that the new SAFE Act
does not give blanket liberties to law enforcement to search New
Yorkers medical records, even those who have legally applied for or
been issued a firearm license, without proper due process or
permission. In addition, the bill clarifies that no applicant for a
firearm license should be required to give a blanket and continuing
authorization for law enforcement to access his or her medical
records, other than those kept by the Department of Mental Hygiene, as
a condition of obtaining or retaining a license, when there is no
probable cause to believe that there are any medical issues that might
jus tify the refusal, revocation or suspension of such license.

EXISTING LAW:

Penal Law Article 400 sets forth procedures related to the issuance
and renewal of firearm licenses.

PRIOR LEGISLATIVE HISTORY:

2013-14 - S.4947 -- CODES

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately; provided however that sections
two and three shall take effect on the same date and in the same
manner as sections 48 and 49, respectively, of Chapter 1 of the Laws
of 2013, take effect.

2015-S2649 (ACTIVE) - Bill Text download pdf

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

                                  2649

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 27, 2015
                               ___________

Introduced  by  Sens. RANZENHOFER, DeFRANCISCO -- read twice and ordered
  printed, and when printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to prohibiting the release of
  personal medical records or information without a warrant  or  express
  written authorization of the individual

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 4 of  section  400.00  of  the  penal  law,  as
amended by chapter 1 of the laws of 2013, is amended to read as follows:
  4.  Investigation.  Before a license is issued or renewed, there shall
be an investigation of all statements required in the application by the
duly constituted police authorities of the locality where such  applica-
tion is made, including but not limited to such records as may be acces-
sible  to  the  division of state police or division of criminal justice
services pursuant to section 400.02 of this article. For  that  purpose,
the  records  of  the  appropriate  office  of  the department of mental
hygiene concerning previous or present mental illness of  the  applicant
shall  be  available  for inspection by the investigating officer of the
police authority. In order to ascertain any  previous  criminal  record,
the  investigating  officer  shall  take  the  fingerprints and physical
descriptive data in quadruplicate of each individual by whom the  appli-
cation  is signed and verified. Two copies of such fingerprints shall be
taken on standard fingerprint cards eight inches square,  and  one  copy
may  be  taken on a card supplied for that purpose by the federal bureau
of investigation; provided, however, that in the  case  of  a  corporate
applicant  that has already been issued a dealer in firearms license and
seeks to  operate  a  firearm  dealership  at  a  second  or  subsequent
location, the original fingerprints on file may be used to ascertain any
criminal  record  in  the second or subsequent application unless any of
the corporate officers have changed  since  the  prior  application,  in
which  case  the  new  corporate  officer  shall  comply with procedures

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02102-01-5

S. 2649                             2

governing an initial application for such license. When  completed,  one
standard  card  shall  be  forwarded  to and retained by the division of
criminal justice services in the  executive  department,  at  Albany.  A
search  of  the  files  of such division and written notification of the
results of the search to the investigating officer shall be made without
unnecessary delay. Thereafter, such division shall notify the  licensing
officer  and the executive department, division of state police, Albany,
of any criminal record of the applicant filed therein subsequent to  the
search  of its files. A second standard card, or the one supplied by the
federal bureau of investigation, as the case may be, shall be  forwarded
to that bureau at Washington with a request that the files of the bureau
be searched and notification of the results of the search be made to the
investigating  police authority. Of the remaining two fingerprint cards,
one shall be filed with the  executive  department,  division  of  state
police,  Albany,  within ten days after issuance of the license, and the
other remain on file with the investigating police  authority.  No  such
fingerprints  may be inspected by any person other than a peace officer,
who is acting pursuant to his  special  duties,  or  a  police  officer,
except  on  order of a judge or justice of a court of record either upon
notice to the licensee or without notice, as the judge  or  justice  may
deem  appropriate.  Upon  completion  of  the  investigation, the police
authority shall report the results  to  the  licensing  officer  without
unnecessary  delay.    NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE
CONTRARY NEITHER THE STATE POLICE,  THE  DIVISION  OF  CRIMINAL  JUSTICE
SERVICES, NOR ANY OTHER LAW ENFORCEMENT AGENCY OR EMPLOYEE THEREOF SHALL
BE PERMITTED TO ACCESS PERSONAL MEDICAL RECORDS AND OTHER MEDICAL INFOR-
MATION  OTHER  THAN RECORDS REQUIRED TO BE PROVIDED BY THE DEPARTMENT OF
MENTAL HYGIENE WITHOUT A PROPERLY ISSUED WARRANT, OR THE  EXPRESS  WRIT-
TEN, NOTARIZED PERMISSION OF THE INDIVIDUAL WHOSE INFORMATION IS SOUGHT.
  S  2.  Section  400.02  of the penal law, as added by chapter 1 of the
laws of 2013, is amended to read as follows:
S 400.02 Statewide license and record database.
  1. There shall be a statewide license and record database which  shall
be  created  and  maintained by the division of state police the cost of
which shall not be borne  by  any  municipality.  Records  assembled  or
collected  for  purposes  of  inclusion  in  such  database shall not be
subject to disclosure pursuant to article six  of  the  public  officers
law.  Records  containing  granted license applications shall be period-
ically checked by the division  of  criminal  justice  services  against
criminal  conviction, mental health, and all other records as are neces-
sary to determine their continued accuracy as well as whether  an  indi-
vidual  is  no  longer  a valid license holder. The division of criminal
justice services shall also check pending applications made pursuant  to
this  article against such records to determine whether a license may be
granted. All state agencies shall cooperate with the division of  crimi-
nal  justice  services,  as otherwise authorized by law, in making their
records available for such checks.  The  division  of  criminal  justice
services, upon determining that an individual is ineligible to possess a
license, or is no longer a valid license holder, shall notify the appli-
cable  licensing official of such determination and such licensing offi-
cial shall not issue a license or revoke such license  and  any  weapons
owned  or  possessed by such individual shall be removed consistent with
the provisions of subdivision eleven of section 400.00 of this  article.
Local  and  state law enforcement shall have access to such database, as
otherwise authorized by law, in the performance of their duties. Records

S. 2649                             3

assembled or collected for purposes of inclusion in the database  estab-
lished by this section shall be released pursuant to a court order.
  2.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY NEITHER
THE  STATE  POLICE,  THE  DIVISION OF CRIMINAL JUSTICE SERVICES, NOR ANY
OTHER LAW ENFORCEMENT AGENCY OR EMPLOYEE THEREOF SHALL BE  PERMITTED  TO
ACCESS PERSONAL MEDICAL RECORDS AND OTHER MEDICAL INFORMATION OTHER THAN
RECORDS  REQUIRED  TO  BE  PROVIDED  BY THE DEPARTMENT OF MENTAL HYGIENE
WITHOUT A PROPERLY ISSUED WARRANT, OR  THE  EXPRESS  WRITTEN,  NOTARIZED
PERMISSION OF THE INDIVIDUAL WHOSE INFORMATION IS SOUGHT.
  S  3.  Subdivision  3 of section 400.00 of the penal law is amended by
adding a new paragraph (c) to read as follows:
  (C) (I) THE APPLICATION FOR A LICENSE TO  CARRY,  POSSESS,  REPAIR  OR
DISPOSE  OF  FIREARMS,  OR THE RENEWAL THEREOF, PURSUANT TO THIS SECTION
SHALL NOT REQUIRE THE APPLICANT TO  CONSENT  TO  THE  RELEASE  OF  THEIR
PERSONAL  MEDICAL  RECORDS  AND  OTHER  MEDICAL  INFORMATION, OTHER THAN
RECORDS REQUIRED TO BE PROVIDED BY THE DEPARTMENT OF MENTAL HYGIENE,  AS
A  CONDITION  OF RECEIVING OR RETAINING SUCH LICENSE UNLESS THE INVESTI-
GATING AGENCY HAS A REASONABLE BELIEF THAT A MEDICAL ISSUE EXISTS  WHICH
WOULD JUSTIFY THE DENIAL OF A LICENSE PURSUANT TO THIS SECTION.
  (II)  THE STATE POLICE, THE DIVISION OF CRIMINAL JUSTICE SERVICES, AND
ANY OTHER LAW ENFORCEMENT AGENCY  OR  EMPLOYEE  THEREOF  MAY  REQUEST  A
CONSENT  FROM  INDIVIDUALS  FOR  THE  RELEASE  OF THEIR PERSONAL MEDICAL
RECORDS OR OTHER MEDICAL INFORMATION WHERE SUCH LAW  ENFORCEMENT  AGENCY
HAS  A REASONABLE BELIEF THAT A MEDICAL ISSUE EXISTS WHICH WOULD JUSTIFY
THE SUSPENSION OR REVOCATION  OF  A  LICENSE  ISSUED  PURSUANT  TO  THIS
SECTION.
  S 4. This act shall take effect immediately.

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Senate Bill S2649

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Sponsored By

Michael H. Ranzenhofer