S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7061
                                   I N  S E N A T E
                                    April 23, 2014
                                      ___________
       Introduced  by  Sens.  FELDER, GOLDEN -- read twice and ordered printed,
         and when printed to be committed to  the  Committee  on  Children  and
         Families
       AN  ACT  to  amend  the  social  services  law and the executive law, in
         relation to access to law enforcement records during an active  inves-
         tigation  of  suspected  child  abuse  or maltreatment undertaken by a
         child protective service
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 424 of the social services law is amended by adding
    2  a new subdivision 15 to read as follows:
    3    15.  A.  NOTWITHSTANDING  ANY LAW, RULE OR REGULATION TO THE CONTRARY,
    4  THE STATE POLICE, THE DIVISION OF CRIMINAL JUSTICE SERVICES,  THE  DIVI-
    5  SION  OF  PAROLE  AND  ANY  OTHER DEPARTMENT, AGENCY, OR DIVISION OF THE
    6  STATE THAT HOLDS RELEVANT RECORDS SHALL, WITHIN SEVENTY-TWO HOURS  OF  A
    7  REQUEST  BY A CHILD PROTECTIVE SERVICE, PROVIDE TO SUCH CHILD PROTECTIVE
    8  SERVICE A FULL AND COMPLETE COPY OF ANY RECORDS THAT ARE NOT SEALED BY A
    9  COURT OF COMPETENT JURISDICTION PURSUANT TO NEW  YORK  STATE  LAW,  THAT
   10  PERTAIN TO AN ACTIVE INVESTIGATION OF SUSPECTED CHILD ABUSE OR MALTREAT-
   11  MENT  UNDERTAKEN  BY  A CHILD PROTECTIVE SERVICE PURSUANT TO THIS TITLE.
   12  THE RECORDS THAT ARE SUBJECT TO THIS SUBDIVISION SHALL INCLUDE, BUT  ARE
   13  NOT  LIMITED  TO,  ARREST  AND CONVICTION RECORDS, ORDERS OF PROTECTION,
   14  INFORMATION INDICATING THAT A PERSON NAMED  IN  A  REPORT  IS  CURRENTLY
   15  UNDER  SUPERVISION  OF A PROBATION OR PAROLE AGENCY OF THE STATE OR OF A
   16  LOCAL GOVERNMENT AND THE CHARGE OR CHARGES RELATED THERETO,  INFORMATION
   17  INDICATING  IF THERE IS AN OUTSTANDING ARREST WARRANT, INFORMATION INDI-
   18  CATING IF A PERSON IS A REGISTERED SEX OFFENDER AND INFORMATION  REGARD-
   19  ING  REQUESTS  FOR  POLICE  SERVICES OR A POLICE RESPONSE TO A SPECIFIED
   20  ADDRESS OR INVOLVING SPECIFIED PERSONS. SUCH REQUESTS  FOR  RECORDS  MAY
   21  INCLUDE  A  REQUEST  FOR RECORDS NAMING ALL PERSONS NAMED IN A REPORT OF
   22  SUSPECTED CHILD ABUSE OR MALTREATMENT. THIS SUBDIVISION DOES NOT AUTHOR-
   23  IZE THE RELEASE OF CONFIDENTIAL MEDICAL  RECORDS  OR  OF  MENTAL  HEALTH
   24  RECORDS  THAT  MAY  BE  HELD  BY AN AGENCY OF NEW YORK STATE. RECORDS OR
   25  PARTS THEREOF MAY BE WITHHELD TO THE EXTENT NECESSARY TO NOT  COMPROMISE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14824-01-4
       S. 7061                             2
    1  AN  ACTIVE CRIMINAL INVESTIGATION THAT IS BEING UNDERTAKEN BY THE AGENCY
    2  THAT HOLDS SUCH RECORDS.
    3    B.  NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY, LOCAL
    4  MUNICIPAL POLICE DEPARTMENTS, COUNTY SHERIFF OFFICES, ALL  FIRE  DEPART-
    5  MENTS  WHETHER  VOLUNTEER  OR  NOT,  ALL 911 DISPATCH OPERATIONS, PAROLE
    6  AGENCIES OR  DEPARTMENTS,  ALL  AMBULANCE  SERVICES  WHETHER  PUBLIC  OR
    7  PRIVATE AND ANY OTHER DEPARTMENT, AGENCY, OR DIVISION OF A LOCAL GOVERN-
    8  MENT  THAT  HOLD  RELEVANT  RECORDS SHALL, WITHIN SEVENTY-TWO HOURS OF A
    9  REQUEST BY A CHILD PROTECTIVE SERVICE, PROVIDE TO SUCH CHILD  PROTECTIVE
   10  SERVICE A FULL AND COMPLETE COPY OF ANY RECORDS THAT ARE NOT SEALED BY A
   11  COURT  OF  COMPETENT  JURISDICTION  PURSUANT TO NEW YORK STATE LAW, THAT
   12  PERTAIN TO AN ACTIVE INVESTIGATION OF SUSPECTED CHILD ABUSE OR MALTREAT-
   13  MENT UNDERTAKEN BY A CHILD PROTECTIVE SERVICE PURSUANT  TO  THIS  TITLE.
   14  THE  RECORDS THAT ARE SUBJECT TO THIS SUBDIVISION SHALL INCLUDE, BUT ARE
   15  NOT LIMITED TO, ARREST AND CONVICTION  RECORDS,  ORDERS  OF  PROTECTION,
   16  INFORMATION  INDICATING  THAT  A  PERSON  NAMED IN A REPORT IS CURRENTLY
   17  UNDER SUPERVISION OF A PROBATION OR PAROLE AGENCY OR DEPARTMENT  OF  THE
   18  STATE  OR OF A LOCAL GOVERNMENT AND THE CHARGE OR CHARGES RELATED THERE-
   19  TO, INFORMATION INDICATING IF THERE IS AN  OUTSTANDING  ARREST  WARRANT,
   20  INFORMATION  INDICATING  IF  A  PERSON  IS A REGISTERED SEX OFFENDER AND
   21  INFORMATION REGARDING REQUESTS FOR  POLICE  SERVICES,  INFORMATION  THAT
   22  THERE  HAS  BEEN  A  REQUEST  FOR  A  POLICE RESPONSE OR OTHER EMERGENCY
   23  RESPONSE TO A SPECIFIED ADDRESS OR  INVOLVING  SPECIFIED  PERSONS.  SUCH
   24  REQUESTS  FOR  RECORDS  MAY  INCLUDE  A  REQUEST  FOR RECORDS NAMING ALL
   25  PERSONS NAMED IN A REPORT OF SUSPECTED CHILD ABUSE OR MALTREATMENT. THIS
   26  SUBDIVISION DOES NOT  AUTHORIZE  THE  RELEASE  OF  CONFIDENTIAL  MEDICAL
   27  RECORDS OR OF MENTAL HEALTH RECORDS THAT MAY BE HELD BY AN AGENCY OF NEW
   28  YORK  STATE.  RECORDS  OR  PARTS  THEREOF  MAY BE WITHHELD TO THE EXTENT
   29  NECESSARY TO NOT COMPROMISE AN ACTIVE  CRIMINAL  INVESTIGATION  THAT  IS
   30  BEING UNDERTAKEN BY THE AGENCY THAT HOLDS SUCH RECORDS.
   31    C.  RECORDS  OBTAINED  BY A CHILD PROTECTIVE SERVICE PURSUANT TO PARA-
   32  GRAPH A OR B OF THIS SUBDIVISION SHALL BE CONSIDERED PART OF A REPORT OF
   33  SUSPECTED CHILD ABUSE OR  MALTREATMENT  AND  SHALL  BE  CONFIDENTIAL  AS
   34  PROVIDED  FOR IN SECTION FOUR HUNDRED TWENTY-TWO OF THIS ARTICLE AND MAY
   35  ONLY BE DISCLOSED AS AUTHORIZED IN  SUBDIVISION  FOUR  OF  SECTION  FOUR
   36  HUNDRED TWENTY-TWO OF THIS ARTICLE. THE PENALTIES PRESCRIBED IN SUBDIVI-
   37  SION  TWELVE OF SECTION FOUR HUNDRED TWENTY-TWO OF THIS ARTICLE APPLY TO
   38  ANY UNAUTHORIZED RELEASE OF ANY REPORT OBTAINED PURSUANT TO THIS  SUBDI-
   39  VISION.
   40    D.  ALL  RECORDS THAT ARE TO BE PROVIDED TO A CHILD PROTECTIVE SERVICE
   41  PURSUANT TO PARAGRAPHS A AND B OF THIS SUBDIVISION SHALL BE PROVIDED  AT
   42  NO COST TO THE CHILD PROTECTIVE SERVICE THAT HAS REQUESTED SUCH RECORD.
   43    S  2.  Subdivision 19 of section 837 of the executive law, as added by
   44  chapter 1 of the laws of 2013, is amended and a new  subdivision  20  is
   45  added to read as follows:
   46    19.  Receive  names  and  other  non-clinical  identifying information
   47  pursuant to section 9.46 of the mental hygiene law;  provided,  however,
   48  any  such  information shall be destroyed five years after such receipt,
   49  or pursuant to a proceeding brought under article seventy-eight  of  the
   50  civil  practice law and rules determining that an individual is eligible
   51  for a license pursuant to section 400.00 of the penal law and  otherwise
   52  permitted to possess a firearm[.];
   53    20.  SUPPLY  ALL  RECORDS  REQUESTED  BY A CHILD PROTECTIVE SERVICE AS
   54  AUTHORIZED BY SUBDIVISION FIFTEEN OF SECTION FOUR HUNDRED TWENTY-FOUR OF
   55  THE SOCIAL SERVICES LAW.
       S. 7061                             3
    1    S 3. Section 223 of the executive law  is  amended  by  adding  a  new
    2  subdivision 3 to read as follows:
    3    3.  THE  SUPERINTENDENT  SHALL FULLY AND PROMPTLY PROVIDE ALL RELEVANT
    4  RECORDS THAT ARE REQUESTED BY A CHILD  PROTECTIVE  SERVICE  PURSUANT  TO
    5  SUBDIVISION  FIFTEEN  OF  SECTION FOUR HUNDRED TWENTY-FOUR OF THE SOCIAL
    6  SERVICES LAW UNLESS SUCH RECORD OR PART THEREOF IS ALLOWED TO  BE  WITH-
    7  HELD  BY  SUBDIVISION FIFTEEN OF SECTION FOUR HUNDRED TWENTY-FOUR OF THE
    8  SOCIAL SERVICES LAW. ALL RELEVANT RECORDS THAT ARE CONTAINED  WITHIN  OR
    9  AVAILABLE  THROUGH  THE  BASIC SYSTEM ESTABLISHED BY SECTION TWO HUNDRED
   10  EIGHTEEN OF THIS ARTICLE AND THE COMPUTER SYSTEM ESTABLISHED BY  SECTION
   11  TWO  HUNDRED  TWENTY-ONE-A  OF THIS ARTICLE SHALL BE PROVIDED TO A CHILD
   12  PROTECTIVE SERVICE. IN ADDITION, ANY RELEVANT RECORD THAT  IS  CONTAINED
   13  IN  ANY OTHER SYSTEM UNDER THE CONTROL OR SUPERVISION OF THE SUPERINTEN-
   14  DENT THAT NOW EXISTS OR IS CREATED IN THE FUTURE SHALL BE PROVIDED TO  A
   15  CHILD PROTECTIVE SERVICE.
   16    S  4.  Section  223 of the executive law, as amended by chapter 843 of
   17  the laws of 1980, is amended to read as follows:
   18    S 223. Duties and powers of the superintendent of state police and  of
   19  members  of the state police. 1. It shall be the duty of the superinten-
   20  dent of the state police and of members of the state police  to  prevent
   21  and  detect crime and apprehend criminals. They shall also be subject to
   22  the call of the governor and are empowered to co-operate with any  other
   23  department of the state or with local authorities. They shall have power
   24  to  arrest,  without  a  warrant, any person committing or attempting to
   25  commit within their presence or view a breach  of  the  peace  or  other
   26  violation  of  law,  to  serve  and execute warrants of arrest or search
   27  issued by proper authority and to exercise all other  powers  of  police
   28  officers  of  the  state  of  New  York. Any such warrants issued by any
   29  magistrate of the state may be executed by them in any part of the state
   30  according to the tenor thereof without indorsement. But they  shall  not
   31  exercise  their powers within the limits of any city to suppress rioting
   32  and disorder except by direction of the governor or upon the request  of
   33  the  mayor  of the city with the approval of the governor. Any member of
   34  the rank of sergeant or above may take  pre-arraignment  bail  from  any
   35  defendant in the amounts and under the circumstances and conditions that
   36  police may take bail.
   37    2.  THE  SUPERINTENDENT  SHALL FULLY AND PROMPTLY PROVIDE ALL RELEVANT
   38  RECORDS THAT ARE REQUESTED BY A CHILD  PROTECTIVE  SERVICE  PURSUANT  TO
   39  SUBDIVISION  FIFTEEN  OF  SECTION FOUR HUNDRED TWENTY-FOUR OF THE SOCIAL
   40  SERVICES LAW UNLESS SUCH RECORD OR PART THEREOF IS ALLOWED TO  BE  WITH-
   41  HELD  BY  SUBDIVISION FIFTEEN OF SECTION FOUR HUNDRED TWENTY-FOUR OF THE
   42  SOCIAL SERVICES LAW. ALL RELEVANT RECORDS THAT ARE CONTAINED  WITHIN  OR
   43  AVAILABLE  THROUGH  THE  BASIC SYSTEM ESTABLISHED BY SECTION TWO HUNDRED
   44  EIGHTEEN OF THIS ARTICLE AND THE COMPUTER SYSTEM ESTABLISHED BY  SECTION
   45  TWO  HUNDRED  TWENTY-ONE-A  OF THIS ARTICLE SHALL BE PROVIDED TO A CHILD
   46  PROTECTIVE SERVICE. IN ADDITION, ANY RELEVANT RECORD THAT  IS  CONTAINED
   47  IN  ANY OTHER SYSTEM UNDER THE CONTROL OR SUPERVISION OF THE SUPERINTEN-
   48  DENT THAT NOW EXISTS OR IS CREATED IN THE FUTURE SHALL BE PROVIDED TO  A
   49  CHILD PROTECTIVE SERVICE.
   50    S  5.  Section  259-k  of the executive law is amended by adding a new
   51  subdivision 5 to read as follows:
   52    5. THE DIVISION OF PAROLE SHALL SUPPLY  ALL  RECORDS  REQUESTED  BY  A
   53  CHILD PROTECTIVE SERVICE AS AUTHORIZED BY SUBDIVISION FIFTEEN OF SECTION
   54  FOUR HUNDRED TWENTY-FOUR OF THE SOCIAL SERVICES LAW.
   55    S  6.  Section  256-a of the executive law, as added by chapter 707 of
   56  the laws of 1992, is amended to read as follows:
       S. 7061                             4
    1    S 256-a. Providing information to child protection  services.  Upon  a
    2  determination  by  a  probation  agency  or  department that its records
    3  regarding an individual presently under the supervision of the agency or
    4  department are relevant to an investigation of child abuse or  maltreat-
    5  ment  conducted  by  a child protective service pursuant to title six of
    6  article six of the social services law, the probation agency or  depart-
    7  ment  shall  provide  the  records  or portions thereof determined to be
    8  relevant to the child protective service conducting  the  investigation.
    9  Each probation agency or department shall make provisions for the trans-
   10  mission  of  records  required  to be provided under this section.  EACH
   11  PROBATION AGENCY OR DEPARTMENT SHALL SUPPLY ALL RECORDS REQUESTED  BY  A
   12  CHILD PROTECTIVE SERVICE AS AUTHORIZED BY SUBDIVISION FIFTEEN OF SECTION
   13  FOUR HUNDRED TWENTY-FOUR OF THE SOCIAL SERVICES LAW.
   14    S  7. This act shall take effect immediately, provided that the amend-
   15  ments to section 223 of the executive law made by section three of  this
   16  act  shall  be  subject  to the expiration and reversion of such section
   17  pursuant to section 3 of chapter 428 of the laws of  1999,  as  amended,
   18  when  upon  such  date  the provisions of section four of this act shall
   19  take effect.