Bill Text: NY S02655 | 2009-2010 | General Assembly | Amended

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Bill Title: Creates a process whereby the division of criminal justice services is to verify criminal record information where certain arrest warrant information contains contradictory information; requires the division of criminal justice services to contact various law enforcement entities and the courts in order to clarify the contradictions.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-05-11 - REPORTED AND COMMITTED TO FINANCE [S02655 Detail]

Download: New_York-2009-S02655-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        2655--A
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                   February 26, 2009
                                      ___________
       Introduced by Sens. VOLKER, HASSELL-THOMPSON, SCHNEIDERMAN -- 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, in relation to notice by the
         division of criminal justice services
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 530.70 of the criminal procedure law is amended  by
    2  adding a new subdivision 7 to read as follows:
    3    7.  WHEN  A  CRIMINAL  RECORD  MAINTAINED  BY THE DIVISION OF CRIMINAL
    4  JUSTICE SERVICES PURSUANT TO SUBDIVISION SIX OF  SECTION  EIGHT  HUNDRED
    5  THIRTY-SEVEN OF THE EXECUTIVE LAW CONTAINS A WARRANT ON A CASE INITIATED
    6  AFTER JANUARY FIRST, TWO THOUSAND TWELVE, THAT HAS NOT BEEN RECALLED AND
    7  THE DIVISION OF CRIMINAL JUSTICE SERVICES SUBSEQUENTLY RECEIVES A REPORT
    8  OF  A  NEW  COURT  PROCEEDING ON THE CASE THAT CONTAINS THE WARRANT OR A
    9  REPORT ON A NEW ARREST BUT NO REPORT THAT THE WARRANT HAS BEEN RECALLED,
   10  THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL  SEND A NOTIFICATION  TO
   11  THE  CLERK  OF THE COURT OF THE LOCAL CRIMINAL COURT WHERE THE ARREST IS
   12  BEING PROSECUTED, THE OFFICE OF COURT ADMINISTRATION, AND THE  ARRESTING
   13  AGENCY WHICH FORWARDED THE FINGERPRINTS OF THE PERSON TO THE DIVISION OF
   14  CRIMINAL JUSTICE SERVICES.  SUCH NOTICE SHALL STATE THAT IF THE DIVISION
   15  OF  CRIMINAL  JUSTICE  SERVICES DOES NOT RECEIVE INFORMATION FROM ANY OF
   16  THESE AGENCIES THAT THE WARRANT IS STILL ACTIVE, THE DIVISION OF  CRIMI-
   17  NAL  JUSTICE SERVICES SHALL INDICATE ON THE INDIVIDUAL'S CRIMINAL RECORD
   18  THAT THE WARRANT HAS BEEN RECALLED. IF ONE OF  THESE  AGENCIES  NOTIFIES
   19  THE  DIVISION  OF  CRIMINAL JUSTICE   SERVICES THAT THE WARRANT HAS BEEN
   20  RECALLED, THE DIVISION OF  CRIMINAL  JUSTICE  SERVICES  SHALL  ADD  THIS
   21  INFORMATION  TO  THE INDIVIDUAL'S CRIMINAL RECORD. IF, AFTER SIXTY DAYS,
   22  THE DIVISION  OF CRIMINAL JUSTICE SERVICES RECEIVES  NO  RESPONSES  FROM
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04440-02-0
       S. 2655--A                          2
    1  ANY  OF  THE  AGENCIES IT HAS CONTACTED OR IF THE AGENCIES INDICATE THAT
    2  THEY CANNOT FIND ANY RECORD OF THE WARRANT, THE WARRANT SHALL BE CONSID-
    3  ERED RECALLED AND RECORDED AS SUCH ON THE INDIVIDUAL'S  CRIMINAL  RECORD
    4  WITH  BOTH THE DIVISION OF CRIMINAL JUSTICE SERVICES AND WITH THE OFFICE
    5  OF COURT ADMINISTRATION. THE DIVISION SHALL SEND NOTICE THAT THE WARRANT
    6  IS CONSIDERED RECALLED TO THE ARRESTING AGENCY WHICH FORWARDED THE FING-
    7  ERPRINTS TO THE DIVISION OF CRIMINAL JUSTICE SERVICES.  FOR CASES INITI-
    8  ATED PRIOR TO JANUARY FIRST, TWO THOUSAND TWELVE, SUCH NOTICE  SHALL  BE
    9  TRANSMITTED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES UPON REQUEST OF
   10  THE PERSON ACCUSED OR SUCH PERSON'S DESIGNATED AGENT.
   11    S 2. This act shall take effect January 1, 2012.