S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4947
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      May 1, 2013
                                      ___________
       Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
         when printed to be committed to the Committee on Codes
       AN ACT to amend the penal law, in relation to prohibiting the release of
         personal medical records or information without a warrant  or  express
         written authorization of the individual
         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  331  of  the  laws  of 2005, is amended to read as
    3  follows:
    4    4. Investigation. Before a license is issued or renewed,  there  shall
    5  be an investigation of all statements required in the application by the
    6  duly  constituted police authorities of the locality where such applica-
    7  tion is made. For that purpose, the records of the appropriate office of
    8  the department of mental hygiene concerning previous or  present  mental
    9  illness of the applicant shall be available for inspection by the inves-
   10  tigating  officer  of  the  police  authority. In order to ascertain any
   11  previous criminal record, the investigating officer shall take the fing-
   12  erprints and physical descriptive data in quadruplicate of each individ-
   13  ual by whom the application is signed and verified. Two copies  of  such
   14  fingerprints  shall  be taken on standard fingerprint cards eight inches
   15  square, and one copy may be taken on a card supplied for that purpose by
   16  the federal bureau of investigation; provided, however, that in the case
   17  of a corporate applicant that  has  already  been  issued  a  dealer  in
   18  firearms  license  and seeks to operate a firearm dealership at a second
   19  or subsequent location, the original fingerprints on file may be used to
   20  ascertain any criminal record in the second  or  subsequent  application
   21  unless any of the corporate officers have changed since the prior appli-
   22  cation, in which case the new corporate officer shall comply with proce-
   23  dures governing an initial application for such license. When completed,
   24  one  standard card shall be forwarded to and retained by the division of
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10432-03-3
       S. 4947                             2
    1  criminal justice services in the  executive  department,  at  Albany.  A
    2  search  of  the  files  of such division and written notification of the
    3  results of the search to the investigating officer shall be made without
    4  unnecessary delay.  Thereafter, such division shall notify the licensing
    5  officer  and the executive department, division of state police, Albany,
    6  of any criminal record of the applicant filed therein subsequent to  the
    7  search  of its files. A second standard card, or the one supplied by the
    8  federal bureau of investigation, as the case may be, shall be  forwarded
    9  to that bureau at Washington with a request that the files of the bureau
   10  be searched and notification of the results of the search be made to the
   11  investigating  police  authority.  The failure or refusal of the federal
   12  bureau of investigation to make the fingerprint check  provided  for  in
   13  this  section shall not constitute the sole basis for refusal to issue a
   14  permit pursuant to the provisions of this section. Of the remaining  two
   15  fingerprint  cards,  one  shall  be filed with the executive department,
   16  division of state police, Albany, within ten days after issuance of  the
   17  license,  and  the  other  remain  on file with the investigating police
   18  authority. No such fingerprints may be inspected  by  any  person  other
   19  than a peace officer, who is acting pursuant to his special duties, or a
   20  police  officer,  except  on  order  of a judge or justice of a court of
   21  record either upon notice to the licensee  or  without  notice,  as  the
   22  judge  or  justice may deem appropriate. Upon completion of the investi-
   23  gation, the police authority shall report the results to  the  licensing
   24  officer  without  unnecessary delay. NOTWITHSTANDING ANY OTHER PROVISION
   25  OF LAW TO THE CONTRARY NEITHER THE STATE POLICE, THE DIVISION OF  CRIMI-
   26  NAL  JUSTICE  SERVICES, NOR ANY OTHER LAW ENFORCEMENT AGENCY OR EMPLOYEE
   27  THEREOF SHALL BE PERMITTED TO ACCESS PERSONAL MEDICAL RECORDS AND  OTHER
   28  MEDICAL  INFORMATION  OTHER  THAN RECORDS REQUIRED TO BE PROVIDED BY THE
   29  DEPARTMENT OF MENTAL HYGIENE WITHOUT A PROPERLY ISSUED WARRANT,  OR  THE
   30  EXPRESS  WRITTEN,  NOTARIZED PERMISSION OF THE INDIVIDUAL WHOSE INFORMA-
   31  TION IS SOUGHT.
   32    S 2. Subdivision 4 of section 400.00 of the penal law, as  amended  by
   33  chapter 1 of the laws of 2013, is amended to read as follows:
   34    4.  Investigation.  Before a license is issued or renewed, there shall
   35  be an investigation of all statements required in the application by the
   36  duly constituted police authorities of the locality where such  applica-
   37  tion is made, including but not limited to such records as may be acces-
   38  sible  to  the  division of state police or division of criminal justice
   39  services pursuant to section 400.02 of this article. For  that  purpose,
   40  the  records  of  the  appropriate  office  of  the department of mental
   41  hygiene concerning previous or present mental illness of  the  applicant
   42  shall  be  available  for inspection by the investigating officer of the
   43  police authority. In order to ascertain any  previous  criminal  record,
   44  the  investigating  officer  shall  take  the  fingerprints and physical
   45  descriptive data in quadruplicate of each individual by whom the  appli-
   46  cation  is signed and verified. Two copies of such fingerprints shall be
   47  taken on standard fingerprint cards eight inches square,  and  one  copy
   48  may  be  taken on a card supplied for that purpose by the federal bureau
   49  of investigation; provided, however, that in the  case  of  a  corporate
   50  applicant  that has already been issued a dealer in firearms license and
   51  seeks to  operate  a  firearm  dealership  at  a  second  or  subsequent
   52  location, the original fingerprints on file may be used to ascertain any
   53  criminal  record  in  the second or subsequent application unless any of
   54  the corporate officers have changed  since  the  prior  application,  in
   55  which  case  the  new  corporate  officer  shall  comply with procedures
   56  governing an initial application for such license. When  completed,  one
       S. 4947                             3
    1  standard  card  shall  be  forwarded  to and retained by the division of
    2  criminal justice services in the  executive  department,  at  Albany.  A
    3  search  of  the  files  of such division and written notification of the
    4  results of the search to the investigating officer shall be made without
    5  unnecessary  delay. Thereafter, such division shall notify the licensing
    6  officer and the executive department, division of state police,  Albany,
    7  of  any criminal record of the applicant filed therein subsequent to the
    8  search of its files. A second standard card, or the one supplied by  the
    9  federal  bureau of investigation, as the case may be, shall be forwarded
   10  to that bureau at Washington with a request that the files of the bureau
   11  be searched and notification of the results of the search be made to the
   12  investigating police authority. Of the remaining two fingerprint  cards,
   13  one  shall  be  filed  with  the executive department, division of state
   14  police, Albany, within ten days after issuance of the license,  and  the
   15  other  remain  on  file with the investigating police authority. No such
   16  fingerprints may be inspected by any person other than a peace  officer,
   17  who  is  acting  pursuant  to  his  special duties, or a police officer,
   18  except on order of a judge or justice of a court of record  either  upon
   19  notice  to  the  licensee or without notice, as the judge or justice may
   20  deem appropriate. Upon  completion  of  the  investigation,  the  police
   21  authority  shall  report  the  results  to the licensing officer without
   22  unnecessary delay.  NOTWITHSTANDING ANY OTHER PROVISION OF  LAW  TO  THE
   23  CONTRARY  NEITHER  THE  STATE  POLICE,  THE DIVISION OF CRIMINAL JUSTICE
   24  SERVICES, NOR ANY OTHER LAW ENFORCEMENT AGENCY OR EMPLOYEE THEREOF SHALL
   25  BE PERMITTED TO ACCESS PERSONAL MEDICAL RECORDS AND OTHER MEDICAL INFOR-
   26  MATION OTHER THAN RECORDS REQUIRED TO BE PROVIDED BY THE  DEPARTMENT  OF
   27  MENTAL  HYGIENE  WITHOUT A PROPERLY ISSUED WARRANT, OR THE EXPRESS WRIT-
   28  TEN, NOTARIZED PERMISSION OF THE INDIVIDUAL WHOSE INFORMATION IS SOUGHT.
   29    S 3. Section 400.02 of the penal law, as added by  chapter  1  of  the
   30  laws of 2013, is amended to read as follows:
   31  S 400.02 Statewide license and record database.
   32    1.  There shall be a statewide license and record database which shall
   33  be created and maintained by the division of state police  the  cost  of
   34  which  shall  not  be  borne  by  any municipality. Records assembled or
   35  collected for purposes of  inclusion  in  such  database  shall  not  be
   36  subject  to  disclosure  pursuant  to article six of the public officers
   37  law. Records containing granted license applications  shall  be  period-
   38  ically  checked  by  the  division  of criminal justice services against
   39  criminal conviction, mental health, and all other records as are  neces-
   40  sary  to  determine their continued accuracy as well as whether an indi-
   41  vidual is no longer a valid license holder.  The  division  of  criminal
   42  justice  services shall also check pending applications made pursuant to
   43  this article against such records to determine whether a license may  be
   44  granted.  All state agencies shall cooperate with the division of crimi-
   45  nal justice services, as otherwise authorized by law,  in  making  their
   46  records  available  for  such  checks.  The division of criminal justice
   47  services, upon determining that an individual is ineligible to possess a
   48  license, or is no longer a valid license holder, shall notify the appli-
   49  cable licensing official of such determination and such licensing  offi-
   50  cial  shall  not  issue a license or revoke such license and any weapons
   51  owned or possessed by such individual shall be removed  consistent  with
   52  the  provisions of subdivision eleven of section 400.00 of this article.
   53  Local and state law enforcement shall have access to such  database,  as
   54  otherwise authorized by law, in the performance of their duties. Records
   55  assembled  or collected for purposes of inclusion in the database estab-
   56  lished by this section shall be released pursuant to a court order.
       S. 4947                             4
    1    2.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY NEITHER
    2  THE STATE POLICE, THE DIVISION OF CRIMINAL  JUSTICE  SERVICES,  NOR  ANY
    3  OTHER  LAW  ENFORCEMENT AGENCY OR EMPLOYEE THEREOF SHALL BE PERMITTED TO
    4  ACCESS PERSONAL MEDICAL RECORDS AND OTHER MEDICAL INFORMATION OTHER THAN
    5  RECORDS  REQUIRED  TO  BE  PROVIDED  BY THE DEPARTMENT OF MENTAL HYGIENE
    6  WITHOUT A PROPERLY ISSUED WARRANT, OR  THE  EXPRESS  WRITTEN,  NOTARIZED
    7  PERMISSION OF THE INDIVIDUAL WHOSE INFORMATION IS SOUGHT.
    8    S  4.  Subdivision  3 of section 400.00 of the penal law is amended by
    9  adding a new paragraph (c) to read as follows:
   10    (C) (I) THE APPLICATION FOR A LICENSE TO  CARRY,  POSSESS,  REPAIR  OR
   11  DISPOSE  OF  FIREARMS,  OR THE RENEWAL THEREOF, PURSUANT TO THIS SECTION
   12  SHALL NOT REQUIRE THE APPLICANT TO  CONSENT  TO  THE  RELEASE  OF  THEIR
   13  PERSONAL  MEDICAL  RECORDS  AND  OTHER  MEDICAL  INFORMATION, OTHER THAN
   14  RECORDS REQUIRED TO BE PROVIDED BY THE DEPARTMENT OF MENTAL HYGIENE,  AS
   15  A  CONDITION  OF RECEIVING OR RETAINING SUCH LICENSE UNLESS THE INVESTI-
   16  GATING AGENCY HAS A REASONABLE BELIEF THAT A MEDICAL ISSUE EXISTS  WHICH
   17  WOULD JUSTIFY THE DENIAL OF A LICENSE PURSUANT TO THIS SECTION.
   18    (II)  THE STATE POLICE, THE DIVISION OF CRIMINAL JUSTICE SERVICES, AND
   19  ANY OTHER LAW ENFORCEMENT AGENCY  OR  EMPLOYEE  THEREOF  MAY  REQUEST  A
   20  CONSENT  FROM  INDIVIDUALS  FOR  THE  RELEASE  OF THEIR PERSONAL MEDICAL
   21  RECORDS OR OTHER MEDICAL INFORMATION WHERE SUCH LAW  ENFORCEMENT  AGENCY
   22  HAS  A REASONABLE BELIEF THAT A MEDICAL ISSUE EXISTS WHICH WOULD JUSTIFY
   23  THE SUSPENSION OR REVOCATION  OF  A  LICENSE  ISSUED  PURSUANT  TO  THIS
   24  SECTION.
   25    S  5.  This  act shall take effect immediately; provided, however that
   26  sections two and three of this act shall take effect on  the  same  date
   27  and in the same manner as sections 48 and 49, respectively, of chapter 1
   28  of the laws of 2013, take effect.