Relates to electronic equivalents of certain personal identification and criminal history data

Title of bill

An act to amend the executive law, in relation to electronic equivalents of certain personal identification and criminal history data

Purpose

To provide that digital or electronic representations of certain personal identification data and criminal history records are interchangeable with the physical counterparts of such items.

Summary of provisions

The bill amends section 837(7) of the Executive Law by adding a provision that specifies that whenever any provision of law requires or permits the submission, transmission, forwarding, retention, return or destruction thereof, the terms "criminal record", "criminal history record", "fingerprints", "fingerprint cards", "photographs", "palmprints", "personal appearance data", "handwriting samples", and "descriptive data" shall mean and include digital or electronic images, impressions, representations or reproductions of such items.

Justification

As technology has evolved, the electronic collection, transfer and storage digital identification and criminal history data has become possible and increasingly more efficient. The New York State Department of Criminal Justice Services and contributing agencies are employing such technology. To build on this initiative, this bill allows digital or electronic representations of certain personal identification data and criminal history records to be interchangeable with the physical counterparts of such items.

Since 9/11, the number of professions requiring criminal background checks has expanded and some professions, like security guards, require federal criminal history checks. Accurate and timely access to criminal history information is important and technology can be a tool to expedite the process. The use of digital and/or electronic data will enhance the state's ability to collect, process and access personal identification and criminal history information.

Local law enforcement agencies and other entities involved in the collection and processing of fingerprints and personal identification information may use electronic means for doing so, but they are not required to do so for the purposes of this legislation.

Legislative history

2006 - S.2578 Referred to the Finance Committee

Fiscal implications

It is anticipated that to the extent the Division is able to eliminate the receipt and storage of written documents, substantial saving will be realized from enactment of the bill.

Effective date

The bill takes effect immediately.