S T A T E O F N E W Y O R K
________________________________________________________________________
420--A
2017-2018 Regular Sessions
I N S E N A T E
(PREFILED)
January 4, 2017
___________
Introduced by Sen. GOLDEN -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes -- recommitted to
the Committee on Codes in accordance with Senate Rule 6, sec. 8 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the criminal procedure law and the executive law, in
relation to disclosure of arrest and prosecution records of applicants
for employment by police departments and other law enforcement agen-
cies
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 160.50 of the
criminal procedure law, as amended by chapter 449 of the laws of 2015,
is amended to read as follows:
(d) such records 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 on parole supervision as a result of conditional release or a
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) any prospective employer
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05064-03-8
S. 420--A 2
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 chap-
ter, 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, or (vi) A POLICE DEPARTMENT
OR OTHER LAW ENFORCEMENT AGENCY, IN RELATION TO AN APPLICATION BY THE
PERSON ACCUSED FOR EMPLOYMENT BY SUCH AGENCY OR DEPARTMENT; PROVIDED,
HOWEVER, THAT EVERY SUCH PERSON SHALL BE FURNISHED WITH A COPY OF ALL
RECORDS OBTAINED UNDER THIS PARAGRAPH AND AFFORDED AN OPPORTUNITY TO
MAKE AN EXPLANATION THERETO, OR (VII) the probation department responsi-
ble for supervision of the accused when the arrest which is the subject
of the inquiry is one which occurred while the accused was under such
supervision; and
§ 2. 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
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) A POLICE DEPARTMENT OR OTHER LAW ENFORCEMENT AGENCY, IN
RELATION TO AN APPLICATION BY THE PERSON ACCUSED FOR EMPLOYMENT BY SUCH
AGENCY OR DEPARTMENT; PROVIDED, HOWEVER, THAT EVERY SUCH PERSON SHALL BE
FURNISHED WITH A COPY OF ALL RECORDS OBTAINED UNDER THIS PARAGRAPH AND
AFFORDED AN OPPORTUNITY TO MAKE AN EXPLANATION THERETO; and
§ 3. Paragraphs (c) and (d) of subdivision 6 of section 160.58 of the
criminal procedure law, as added by section 3 of part AAA of chapter 56
of the laws of 2009, are amended and a new paragraph (e) is added to
read as follows:
S. 420--A 3
(c) any state or local officer or agency with responsibility for the
issuance of licenses to possess guns, when the person has made applica-
tion for such a license; [or]
(d) 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 employ-
ment 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 there-
to[.] ; OR
(E) ANY POLICE DEPARTMENT OR LAW ENFORCEMENT AGENCY, IN RELATION TO AN
APPLICATION FOR EMPLOYMENT BY SUCH POLICE DEPARTMENT OR LAW ENFORCEMENT
AGENCY; PROVIDED, HOWEVER, THAT EVERY APPLICANT SHALL BE FURNISHED WITH
A COPY OF ALL RECORDS OBTAINED UNDER THIS PARAGRAPH AND AFFORDED AN
OPPORTUNITY TO MAKE AN EXPLANATION THERETO.
§ 4. Subdivision 16 of section 296 of the executive law, as amended by
section 48-a of part WWW of chapter 59 of the laws of 2017, is amended
to read as follows:
16. It shall be an unlawful discriminatory practice, unless specif-
ically required or permitted by statute, for any person, agency, bureau,
corporation or association, including the state and any political subdi-
vision thereof, to make any inquiry about, whether in any form of appli-
cation or otherwise, or to act upon adversely to the individual
involved, any arrest or criminal accusation of such individual not then
pending against that individual which was followed by a termination of
that criminal action or proceeding in favor of such individual, as
defined in subdivision two of section 160.50 of the criminal procedure
law, or by a youthful offender adjudication, as defined in subdivision
one of section 720.35 of the criminal procedure law, or by a conviction
for a violation sealed pursuant to section 160.55 of the criminal proce-
dure law or by a conviction which is sealed pursuant to section 160.59
or 160.58 of the criminal procedure law, in connection with the licens-
ing, employment or providing of credit or insurance to such individual;
provided, further, that no person shall be required to divulge informa-
tion pertaining to any arrest or criminal accusation of such individual
not then pending against that individual which was followed by a termi-
nation of that criminal action or proceeding in favor of such individ-
ual, as defined in subdivision two of section 160.50 of the criminal
procedure law, or by a youthful offender adjudication, as defined in
subdivision one of section 720.35 of the criminal procedure law, or by a
conviction for a violation sealed pursuant to section 160.55 of the
criminal procedure law, or by a conviction which is sealed pursuant to
section 160.58 or 160.59 of the criminal procedure law. The provisions
of this subdivision shall not apply to the licensing activities of
governmental bodies in relation to the regulation of guns, firearms and
other deadly weapons or in relation to an application for employment as
a police officer or peace officer as those terms are defined in subdivi-
sions thirty-three and thirty-four of section 1.20 of the criminal
procedure law OR IN RELATION TO AN APPLICATION FOR EMPLOYMENT FOR ANY
POSITION IN A POLICE DEPARTMENT OR OTHER LAW ENFORCEMENT AGENCY;
provided further that the provisions of this subdivision shall not apply
to an application for employment or membership in any law enforcement
agency with respect to any arrest or criminal accusation which was
followed by a youthful offender adjudication, as defined in subdivision
one of section 720.35 of the criminal procedure law, or by a conviction
S. 420--A 4
for a violation sealed pursuant to section 160.55 of the criminal proce-
dure law, or by a conviction which is sealed pursuant to section 160.58
or 160.59 of the criminal procedure law.
§ 5. This act shall take effect on the ninetieth day after it shall
have become a law.