STATE OF NEW YORK
________________________________________________________________________
7378
2023-2024 Regular Sessions
IN ASSEMBLY
May 18, 2023
___________
Introduced by M. of A. PHEFFER AMATO -- (at request of the Department of
Civil Service) -- read once and referred to the Committee on Govern-
mental Employees
AN ACT to amend the civil service law, in relation to background checks
for police transfer candidates
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The closing paragraph of subdivision 4 of section 50 of the
2 civil service law, as added by chapter 164 of the laws of 2003, is
3 amended to read as follows:
4 In connection with their lawful responsibilities or functions under
5 paragraph (d) of this subdivision, the department and appropriate munic-
6 ipal commissions may require applicants to undergo a state and a
7 national criminal history record check. When required, the fingerprints
8 of such an applicant shall be submitted to the division of criminal
9 justice services and the division of criminal justice services is
10 authorized to submit such fingerprints to the federal bureau of investi-
11 gation, in accordance with applicable rules or regulations promulgated
12 by such entities, in order to obtain relevant state criminal history
13 record information, if any, concerning such applicant and for a national
14 criminal history record check. The department and municipal commissions
15 shall ensure that adequate notice be provided to applicants regarding
16 the fact that state and national criminal history record checks may be
17 conducted, and the procedures therefor. Provided[, however,] that,
18 other than for the position of police officer as defined in subdivision
19 thirty-four of section 1.20 of the criminal procedure law, the
20 provisions of this section shall not apply to (1) any current employee;
21 or (2) a person who is considered an applicant by reason of (a) a trans-
22 fer pursuant to section seventy of this chapter; or (b) a person who is
23 on a preferred list subject to section eighty-one of this chapter; or
24 (c) a person whose name is on an eligible list as defined in section
25 fifty-six of this [article] title and who has successfully completed a
26 promotion exam subject to section fifty-two of this [article] title.
27 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05900-01-3
