Crime Committee Report e.indd - New York State Senate

XIX.
2011 Reentry Legislative Agenda
S.2655 VOLKER, HASSELL-THOMPSON, SCHNEIDERMAN
Incorrect Arrest Warrant Information
This bill will create a procedure to validate and ensure the accuracy of a person’s permanent
criminal record as maintained by the Division of Criminal Justice Services (DCJS) as it relates
to all warrants issued as part of a criminal proceeding. The proposed legislation adds a new
subdivision 7 of section 530.70 of the criminal procedure law creating a process whereby DCJS
is to verify criminal record information where certain arrest warrant information contains contradictory
information. DCJS is required to contact various law enforcement entities and the
courts in order to clarify the contradictions. In the event no information is forthcoming, the
arrest warrant will be deemed recalled.
S.5223 SCHNEIDERMAN
Undisposed Case Information
This bill will require the Division of Criminal Justice Services and the Office of Court Administration
to refrain from including undisposed case information on criminal history record
reports except for law enforcement and other specified purposes.
The proposed legislation adds a new section 845-c to the Executive Law to Prohibit DCJS
from including undisposed case information on criminal history record reports (i.e., rapsheets)
where the report is produced for non-law enforcement or non-criminal justice purpose.
The bill defines “undisposed case” as a criminal action or proceeding or an arrest incident
that appears on an individual’s criminal history record for which no conviction, sentence or
other final disposition (other than an apparently unexecuted bench warrant) appears and
with respect to which no entry has been made on the DCJS record for a period of at least 24
months. The prohibition also would not apply to records produced by DCJS solely for bona
fide research or internal recordkeeping purposes. The bill establishes a corresponding requirement
for OCA. It adds a new paragraph (s) to subdivision two of section 212 of the Judiciary
Law to require OCA to refrain from reporting undisposed cases on criminal history reports it
produces except where the report is prepared for internal recordkeeping or bona fide research
purposes. The bill provides that the act shall take effect 180 days after it shall have become a
law, and further provides that, prior to such effective date, DCJS in consultation with OCA shall
undertake measures to update its criminal history records with respect to cases that have no
final disposition reported.
S.4368 HASSELL-THOMPSON, DIAZ
Toughening Article 23-A
The bill amends the correction law to revise the definition of “direct relationship” and to
establish that a denial of employment or a license based on a criminal record, must be based
on the connection between the specific duties or responsibilities of the job or license and
the nature of the criminal conviction and such connection must create an unreasonable risk
to property or public safety. Section 753 of Article 23-A requires a public agency or private
employer to consider eight factors together when considering license or employment matters.
These factors include the bearing, if any, the criminal offense for which the person was previously
convicted will have on his fitness or ability to perform one or more duties and another
factor is the seriousness of the offense. Thus, it is clear that the law mandates accountability
and requires an employer to articulate a nexus between the job responsibilities and the nature
of the crime and a nexus between the prior conviction and the public safety. This amendment
seeks to clarify the operation of law.
Standing Committee on Crime Victims, Crime and Correction | 2009-2010 Report 59