S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7463
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 12, 2015
                                      ___________
       Introduced  by  M.  of A. KAVANAGH -- (at request of the Office of Court
         Administration) -- read once and referred to the Committee on Codes
       AN ACT to amend the penal law, in relation to access  to  foreign  state
         records
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 4 of  section  400.00  of  the  penal  law,  as
    2  amended by chapter 1 of the laws of 2013, is amended to read as follows:
    3    4.  Investigation.  Before a license is issued or renewed, there shall
    4  be an investigation of all statements required in the application by the
    5  duly constituted police authorities of the locality where such  applica-
    6  tion is made, including but not limited to such records as may be acces-
    7  sible  to  the  division of state police or division of criminal justice
    8  services pursuant to section 400.02 of this article. For  that  purpose,
    9  the  records  of  the  appropriate  office  of  the department of mental
   10  hygiene concerning previous or present mental illness of  the  applicant
   11  shall  be  available  for inspection by the investigating officer of the
   12  police authority. WHERE THE APPLICANT IS DOMICILED IN A  FOREIGN  STATE,
   13  THE INVESTIGATION SHALL INCLUDE INQUIRY OF THE FOREIGN STATE FOR RECORDS
   14  CONCERNING THE PREVIOUS OR PRESENT MENTAL ILLNESS OF THE APPLICANT, AND,
   15  TO THE EXTENT NECESSARY FOR INSPECTION BY THE INVESTIGATING OFFICER, THE
   16  APPLICANT  SHALL  EXECUTE  A WAIVER OF CONFIDENTIALITY OF SUCH RECORD IN
   17  SUCH FORM AS MAY BE REQUIRED BY THE FOREIGN STATE. In order to ascertain
   18  any previous criminal record, the investigating officer shall  take  the
   19  fingerprints  and  physical  descriptive  data  in quadruplicate of each
   20  individual by whom the application is signed and verified. Two copies of
   21  such fingerprints shall be taken on  standard  fingerprint  cards  eight
   22  inches  square,  and  one  copy may be taken on a card supplied for that
   23  purpose by the federal bureau of investigation; provided, however,  that
   24  in  the  case  of  a  corporate applicant that has already been issued a
   25  dealer in firearms license and seeks to operate a firearm dealership  at
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09288-01-5
       A. 7463                             2
    1  a  second  or subsequent location, the original fingerprints on file may
    2  be used to ascertain any criminal record in  the  second  or  subsequent
    3  application  unless any of the corporate officers have changed since the
    4  prior  application, in which case the new corporate officer shall comply
    5  with procedures governing an initial application for such license.  When
    6  completed,  one  standard card shall be forwarded to and retained by the
    7  division of criminal justice services in the  executive  department,  at
    8  Albany.  A search of the files of such division and written notification
    9  of the results of the search to the investigating officer shall be  made
   10  without  unnecessary  delay.  Thereafter, such division shall notify the
   11  licensing officer  and  the  executive  department,  division  of  state
   12  police,  Albany,  of  any criminal record of the applicant filed therein
   13  subsequent to the search of its files. A second standard  card,  or  the
   14  one supplied by the federal bureau of investigation, as the case may be,
   15  shall  be forwarded to that bureau at Washington with a request that the
   16  files of the bureau be searched and notification of the results  of  the
   17  search  be  made to the investigating police authority. Of the remaining
   18  two fingerprint cards, one shall be filed with the executive department,
   19  division of state police, Albany, within ten days after issuance of  the
   20  license,  and  the  other  remain  on file with the investigating police
   21  authority. No such fingerprints may be inspected  by  any  person  other
   22  than  a  peace  officer,  who  is  acting pursuant to his OR HER special
   23  duties, or a police officer, except on order of a judge or justice of  a
   24  court of record either upon notice to the licensee or without notice, as
   25  the judge or justice may deem appropriate. Upon completion of the inves-
   26  tigation, the police authority shall report the results to the licensing
   27  officer without unnecessary delay.
   28    S  2.  This  act shall take effect on the ninetieth day after it shall
   29  have become a law.