New York State Assembly

 
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A09978 Summary:

A09978 Actions:

A09978 Committee Votes:

Committee:CODES   Chair:Lentol      
DATE:03/05/2018AYE/NAY:21/0  Action: Favorable refer to committee Rules        
Lentol
Aye
Curran
Aye
Schimminger
Aye
Giglio
Aye
Pretlow
Aye
Montesano
Aye
Cook
Aye
Morinello
Aye
Cymbrowitz
Aye
Palumbo
Aye
Titus
Aye
Garbarino
Aye
O'Donnell
Aye
Lavine
Aye
Perry
Aye
Zebrowski
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Excused
Hevesi
Aye
Fahy
Aye
Seawright
Aye

Committee:RULES   Chair:Heastie      
DATE:03/06/2018AYE/NAY:25/0  Action: Favorable         
Heastie
Aye
Kolb
Excused
Gottfried
Excused
Oaks
Aye
Lentol
Aye
Butler
Aye
Gantt
Excused
Crouch
Aye
Nolan
Excused
Finch
Excused
Weinstein
Aye
Barclay
Aye
Hooper
Aye
Raia
Aye
Ortiz
Aye
Hawley
Aye
Pretlow
Aye
Cook
Aye
Glick
Aye
Morelle
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Galef
Aye
Paulin
Aye
Titus
Excused
Peoples-Stokes
Aye
Benedetto
Aye

A09978 Floor Votes:

A09978 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9978
 
                   IN ASSEMBLY
 
                                      March 2, 2018
                                       ___________
 
        Introduced by M. of A. HUNTER -- read once and referred to the Committee
          on Codes
 
        AN  ACT  to  amend the penal law, in relation to access to foreign state
          records
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision  4  of  section  400.00  of the penal law, as
     2  amended by chapter 1 of the laws of 2013, is amended to read as follows:
     3    4. Investigation. Before a license is issued or renewed,  there  shall
     4  be an investigation of all statements required in the application by the
     5  duly  constituted police authorities of the locality where such applica-
     6  tion is made, including but not limited to such records as may be acces-
     7  sible to the division of state police or division  of  criminal  justice
     8  services  pursuant  to section 400.02 of this article. For that purpose,
     9  the records of the  appropriate  office  of  the  department  of  mental
    10  hygiene  concerning  previous or present mental illness of the applicant
    11  shall be available for inspection by the investigating  officer  of  the
    12  police  authority.  Where the applicant is domiciled in a foreign state,
    13  the investigation shall include inquiry of the foreign state for records
    14  concerning the previous or present mental illness of the applicant, and,
    15  to the extent necessary for inspection by the investigating officer, the
    16  applicant shall execute a waiver of confidentiality of  such  record  in
    17  such form as may be required by the foreign state. In order to ascertain
    18  any  previous  criminal record, the investigating officer shall take the
    19  fingerprints and physical descriptive  data  in  quadruplicate  of  each
    20  individual by whom the application is signed and verified. Two copies of
    21  such  fingerprints  shall  be  taken on standard fingerprint cards eight
    22  inches square, and one copy may be taken on a  card  supplied  for  that
    23  purpose  by the federal bureau of investigation; provided, however, that
    24  in the case of a corporate applicant that  has  already  been  issued  a
    25  dealer  in firearms license and seeks to operate a firearm dealership at
    26  a second or subsequent location, the original fingerprints on  file  may
    27  be  used  to  ascertain  any criminal record in the second or subsequent
    28  application unless any of the corporate officers have changed since  the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14477-01-8
        A. 9978                             2
 
     1  prior  application, in which case the new corporate officer shall comply
     2  with procedures governing an initial application for such license.  When
     3  completed,  one  standard card shall be forwarded to and retained by the
     4  division  of  criminal  justice services in the executive department, at
     5  Albany. A search of the files of such division and written  notification
     6  of  the results of the search to the investigating officer shall be made
     7  without unnecessary delay. Thereafter, such division  shall  notify  the
     8  licensing  officer  and  the  executive  department,  division  of state
     9  police, Albany, of any criminal record of the  applicant  filed  therein
    10  subsequent  to  the  search of its files. A second standard card, or the
    11  one supplied by the federal bureau of investigation, as the case may be,
    12  shall be forwarded to that bureau at Washington with a request that  the
    13  files  of  the bureau be searched and notification of the results of the
    14  search be made to the investigating police authority. Of  the  remaining
    15  two fingerprint cards, one shall be filed with the executive department,
    16  division  of state police, Albany, within ten days after issuance of the
    17  license, and the other remain on  file  with  the  investigating  police
    18  authority.  No  such  fingerprints  may be inspected by any person other
    19  than a peace officer, who is acting  pursuant  to  his  or  her  special
    20  duties,  or a police officer, except on order of a judge or justice of a
    21  court of record either upon notice to the licensee or without notice, as
    22  the judge or justice may deem appropriate. Upon completion of the inves-
    23  tigation, the police authority shall report the results to the licensing
    24  officer without unnecessary delay.
    25    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    26  have become a law.