NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7644
SPONSOR: Lentol (MS) TITLE OF BILL: An act to amend the executive law, in relation to the
definition of qualified agencies
PURPOSE OR GENERAL IDEA OF BILL:
To authorize public defenders, legal aid societies, and administrators
of assigned counsel plans to have access to the Division of Criminal
Justice, Services criminal history records for use in connection with
the representation of public defense clients as defined in County Law
article 18-b.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends subdivision 9 of Executive Law section 835 to add
public defenders, legal aid societies, and assigned counsel administra-
tors to the list of qualified agencies. Qualified agencies may enter
into agreements with the Division of Criminal Justice Services for
access to its criminal history database as authorized by subdivision 6
of Executive Law section 837.
JUSTIFICATION:
Agencies that are defined as "qualified agencies" under Executive Law
835(9) have access to the criminal history records maintained by the
Division of Criminal Justice Services. See Executive Law § 837(6); 9
NYCRR Part 6051. The proposed bill would add public defenders, legal aid
societies, and administrators of assigned counsel programs to the list
of qualified agencies. Public defense providers would then he able to
enter into use and dissemination agreements with the Division of Crimi-
nal Justice Services that would govern their access to criminal history
information.
In order to provide effective representation, including bail applica-
tions, case investigation, plea negotiation, and sentencing advocacy,
public defense attorneys need to have ready access to criminal history
reports of clients and witness. Currently, public defense providers rely
on district attorneys, judges, and other members of the criminal justice
community for access to criminal history reports; often, disclosure of
these reports is not timely. Providing public defense counsel direct
access to criminal history reports will help them provide effective
representation to their clients and will improve the efficiency of the
entire criminal justice system in New York State.
In 1991, counsel for the Division cf Criminal Justice Services acknowl-
edged the importance of granting public defense counsel direct access to
criminal history information: "Since defense representation is a crimi-
nal justice function and an integral part of the criminal justice
system, it is a natural extension to grant defense counsel the same
ability to access Division of Criminal Justice Services criminal history
II records currently afforded to prosecutors." 1991;Legislative
Proposal IR Memorandum, M. Dawn Herkenham, Counsel, Division of Criminal
Justice Services to Evan A. Davis, Counsel to the Governor. The Division
of Criminal Justice Services' Systems Improvement's for Enhanced Commu-
nity Safety (SIFECS) public Defense State.I Report (1990) also advocated
for public defense counsel having direct access to criminal history
information. "Ready access to criminal histories will benefit the
defense and positively impact the efficiency of the criminal justice
system." Public Defense State I Report, 111-3.
LEGISLATIVE HISTORY:
2015-2016: S.5358/A.7720 (Lentol) - Referred to Finance
FISCAL IMPLICATIONS:
Minimal.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
7644
2019-2020 Regular Sessions
IN ASSEMBLY
May 14, 2019
___________
Introduced by M. of A. LENTOL -- Multi-Sponsored by -- M. of A. ABINANTI
-- read once and referred to the Committee on Governmental Operations
AN ACT to amend the executive law, in relation to the definition of
qualified agencies
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 9 of section 835 of the executive law, as sepa-
2 rately amended by chapters 14 and 155 of the laws of 2012, is amended to
3 read as follows:
4 9. "Qualified agencies" means courts in the unified court system, the
5 administrative board of the judicial conference, probation departments,
6 sheriffs' offices, district attorneys' offices, the state department of
7 corrections and community supervision, the department of correction of
8 any municipality, the financial frauds and consumer protection unit of
9 the state department of financial services, the office of professional
10 medical conduct of the state department of health for the purposes of
11 section two hundred thirty of the public health law, the child protec-
12 tive services unit of a local social services district when conducting
13 an investigation pursuant to subdivision six of section four hundred
14 twenty-four of the social services law, the office of Medicaid inspector
15 general, the temporary state commission of investigation, police forces
16 and departments having responsibility for enforcement of the general
17 criminal laws of the state, the Onondaga County Center for Forensic
18 Sciences Laboratory when acting within the scope of its law enforcement
19 duties and the division of forensic services of the Nassau county
20 medical examiner's office when acting within the scope of its law
21 enforcement duties and public defenders, legal aid societies, and
22 assigned counsel administrators.
23 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05573-01-9
