Bill Text: NY S07376 | 2023-2024 | General Assembly | Introduced

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Bill Title: Provides for background checks for police transfer candidates.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-03-27 - referred to governmental employees [S07376 Detail]

Download: New_York-2023-S07376-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7376

                               2023-2024 Regular Sessions

                    IN SENATE

                                      May 22, 2023
                                       ___________

        Introduced  by  Sen.  JACKSON  -- (at request of the Department of Civil
          Service) -- read twice and ordered printed, and  when  printed  to  be
          committed to the Committee on Civil Service and Pensions

        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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05900-01-3
        S. 7376                             2

     1  fifty-six  of  this [article] title and who has successfully completed a
     2  promotion exam subject to section fifty-two of this [article] title.
     3    § 2. This act shall take effect immediately.