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.