S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8324
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 8, 2017
                                ___________
 
 Introduced by M. of A. ABBATE -- read once and referred to the Committee
   on Codes
 
 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:
 
   Section  1.  Paragraph  (d)  of subdivision 1 of section 160.55 of the
 criminal procedure law, as amended by chapter 449 of the laws  of  2015,
 is amended to read as follows:
   (d) the records referred to in paragraph (c) of this subdivision shall
 be  made  available to the person accused or to such person's designated
 agent, and shall be made available to (i) a prosecutor in any proceeding
 in which the accused has moved for an order pursuant to  section  170.56
 or  210.46  of  this  chapter,  or (ii) a law enforcement agency upon ex
 parte motion in any superior court, or in any district court, city court
 or the criminal court of the city of New York provided that  such  court
 sealed  the  record,  if such agency demonstrates to the satisfaction of
 the court that justice requires that such records be made  available  to
 it,  or  (iii)  any state or local officer or agency with responsibility
 for the issuance of licenses to possess guns, when the accused has  made
 application for such a license, or (iv) the New York state department of
 corrections  and  community supervision when the accused is under parole
 supervision as a result of conditional release or parole release granted
 by the New York state board of  parole  and  the  arrest  which  is  the
 subject of the inquiry is one which occurred while the accused was under
 such supervision, or (v) the probation department responsible for super-
 vision  of  the  accused  when  the  arrest  which is the subject of the
 inquiry is one which occurred while the accused was  under  such  super-
 vision, or (vi) a police agency, probation department, sheriff's office,
 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

 A. 8324                             2
 
 and  parole  department,  for  law  enforcement purposes, upon arrest in
 instances in which the individual stands convicted of harassment in  the
 second  degree, as defined in section 240.26 of the penal law, committed
 against  a  member  of the same family or household as the defendant, as
 defined in subdivision one of section 530.11 of this chapter, and deter-
 mined pursuant to subdivision eight-a of section 170.10 of  this  title,
 OR  (VII)  ANY PROSPECTIVE EMPLOYER OF A POLICE OFFICER OR PEACE OFFICER
 AS THOSE TERMS ARE DEFINED IN SUBDIVISIONS THIRTY-THREE AND  THIRTY-FOUR
 OF  SECTION  1.20  OF  THIS  CHAPTER,  IN RELATION TO AN APPLICATION FOR
 EMPLOYMENT AS A POLICE OFFICER OR PEACE OFFICER; PROVIDED, HOWEVER, 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 OBTAINED
 UNDER THIS PARAGRAPH AND AFFORDED AN OPPORTUNITY TO MAKE AN  EXPLANATION
 THERETO; and
   § 2. This act shall take effect immediately.