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History
- Referred to governmental operations
- Delivered to assembly
- Passed senateVote 32–29
- Ordered to third reading cal.1359
- Referred to rules
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to the definition of qualified agencies
In Assembly Committee · Governmental Operations · Sponsor Joseph Lentol
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S8229
Title of bill
An act to amend the executive law, in relation to the definition of qualified agencies
Purpose
To authorize public defenders, legal aid societies, and administrators of assigned counsel plans to have access to the Division of Criminal Justice Services' criminal history records for use in connection with the representation of public defense clients as defined in County Law article 18-b.
Summary of provisions
Section 1 amends subdivision 9 of Executive Law section 835 to add public defenders, legal aid societies, and assigned counsel administra- tors to the list of qualified agencies. Qualified agencies may enter into agreements with the Division of Criminal Justice Services for access to its criminal history database as authorized by subdivision 6 of Executive Law section 837.
Justification
Agencies that are defined as "qualified agencies" under Executive Law
§ 835(9) have access to the criminal history records maintained by the Division of Criminal Justice Services. See Executive Law § 837(6); 9 NYCRR Part 6051. The proposed bill would add public defenders, legal aid societies, and administrators of assigned counsel programs to the list of qualified agencies. Public defense providers would then be able to enter into use and dissemination agreements with the Division of Crimi- nal Justice Services that would govern their access to criminal history information.
In order to provide effective representation, including bail applica- tions, case investigation, plea negotiation, and sentencing advocacy, public defense attorneys need to have ready access to criminal history reports of clients and witness. Currently, public defense providers rely on district attorneys, judges, and other members of the criminal justice community for access to criminal history reports; often, disclosure of these reports is not timely. Providing public defense counsel direct access to criminal history reports will help them provide effective representation to their clients and will improve the efficiency of the entire criminal justice system in New York State.
In 1991, counsel for the Division of Criminal Justice Services acknowl- edged the importance of granting public defense counsel direct access to criminal history information: "Since defense representation is a crimi-
nal justice function and an integral part of the criminal justice system, it is a natural extension to grant defense counsel the same ability to access Division of Criminal Justice Services criminal history records currently afforded to prosecutors." 1991 Legislative Proposal #IR Memorandum, M. Dawn Herkenham, Counsel, Division of Criminal Justice Services to Evan A. Davis, Counsel to the Governor. The Division of Criminal Justice Services' Systems Improvements for Enhanced Community Safety (SIFECS) Public Defense State I Report (1990) also advocated for public defense counsel having direct access to criminal history informa- tion. "Ready access to criminal histories Will benefit the defense and positively impact the efficiency of the criminal justice system." Public Defense State I Report, III-3.
Legislative history
New.
Fiscal implications
Minimal
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.