NY State Senate Bill 2017-S3779

Senate Bill S3779

2017-2018 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 03, 2018	referred to codes
Jan 27, 2017	referred to codes

co-Sponsors

2017-S3779 (ACTIVE) - Details

See Assembly Version of this Bill:: A5355
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
2015-2016: S2649, A10401
2019-2020: S3072

2017-S3779 (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.

2017-S3779 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3779

 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 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 3 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 4 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 5 provides that this act shall take effect on the thirtieth
day 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
justify 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
2015-16 - S.2649/A.10401 - CODES/Codes

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S3779 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3779
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2017
                                ___________
 
 Introduced  by  Sens.  RANZENHOFER, DeFRANCISCO, YOUNG -- 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05965-01-7

 S. 3779                             2
 
 which case the  new  corporate  officer  shall  comply  with  procedures
 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.
   § 2. Section 400.02 of the penal law, as added by  chapter  1  of  the
 laws of 2013, is amended to read as follows:
 § 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. 3779                             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.
   §  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.
   § 4. This act shall take effect immediately.

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Senate Bill S3779

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Sponsored By

Michael H. Ranzenhofer