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S5298Senate2017-2018 SessionSame asA7803

Strengthen Background Checks

Official title

“Relates to enhancing the criminal history background check process”

Sponsor Robert OrttSD-62+1 co-sponsorAffects Finance
Status
In Senate Committee
Finance
Impact
3/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Finance

What's happening

This bill amends executive law to broaden the permissible uses of fingerprints in criminal background checks by authorized agencies.

Why it matters

  1. Expands how fingerprint data can be used. By removing the word "only," the bill allows authorized agencies more flexibility in using fingerprints collected during criminal background checks, rather than restricting their use to a single, narrowly defined purpose.

  2. Potential for broader information sharing. The amendment could enable agencies to share or use fingerprint data in additional contexts related to criminal history, potentially improving cross-agency coordination or investigation efficiency.

  3. Implications for privacy and oversight. This broader use of fingerprints may raise concerns about individual privacy, data security, and the need for clear guidelines to prevent misuse or overreach by agencies handling sensitive biometric information.

  4. Impact on vulnerable populations. Since the bill is introduced at the request of the Justice Center for the Protection of People with Special Needs, it may particularly affect background checks and safety measures for workers and individuals interacting with vulnerable groups, aiming to enhance protections but also raising questions about the scope of background investigations.

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Who cares

Headline styles

Strengthen Background Checks

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Robert Ortt

Senator · Senate District 62

Chair, Mental Health And Developmental Disabilities

1 Co-sponsor

History

  1. Referred to finance
  2. Referred to finance

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.

A7803Assembly

Tighten Background Check Rules

In Assembly Committee · Codes · Sponsor Anthony D'Urso

Impact 3 · Low0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

5298

2017-2018 Regular Sessions

IN SENATE

March 20, 2017

Introduced by Sen. ORTT -- (at request of the Justice Center for the Protection of People with Special Needs) -- read twice and ordered printed, and when printed to be committed to the Committee on Finance

AN ACT to amend the executive law, in relation to enhancing the criminal background check process

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision 10 of section 845-b of the executive law, as amended by chapter 769 of the laws of 2005, is amended to read as follows:

10. Fingerprints received by the division pursuant to this section shall be used [only] to assist the division in providing criminal history information to authorized agencies under this section.

§ 2. This act shall take effect on the ninetieth day after it shall have become a law.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD10108-01-7

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the executive law, in relation to enhancing the criminal background check process

Purpose of the bill

This bill would amend Executive Law § 845-b(10) to enable the Justice Center and the Department of Health to receive out-of-State subsequent arrest notifications from the FBI for out-of-State arrests of individuals who are subject to a criminal background check and finger printing due to their provision of services to vulnerable persons in New York.

Summary of provisions

Section 1 of the bill would amend subdivision 10 of section 845-b of the Executive Law to remove the word "only."

Section 2 of the bill would provide for a 90-day effective date.

Justification

Pursuant to Executive Law § 845-b, the Justice Center and the Department of Health (DOH) are responsible for: (i) conducting fingerprint-based criminal background checks; and (ii) providing suitability determinations on approximately 335,000 applicants annually for persons who wish to be employed or volunteer services to certain providers licensed, certified or operated by DOH, the Office of Mental Health, the Office for People with Developmental Disabilities, and the Office of Children and Family Services.

Exec. L. § 845-b states that "fingerprints received (by the Division of Criminal Justice Services...) shall be used only to assist (DCJS) in providing criminal history information to authorized agencies" (emphasis added). DCJS interprets the use of the word "only" to mean that it may only use the fingerprints to determine if an employee applying for a job has a criminal history - not for any subsequent arrest notifications.

However, the FBI has recently announced the implementation of "rap back," which is a system that will give authorized entities, like the Justice Center, the ability to receive on-going status notifications of any criminal history reported on individuals holding positions of trust. As DCJS negotiates with the FBI regarding the implementation of "rap back," the word "only" in the current law will prevent the FBI from providing subsequent out-of-State arrest notifications to that are submitted pursuant to Exec. L. § 845-b. Removing "only" from Exec. L. § 845-b would allow the Justice Center and the Department of Health to receive not only prior criminal history information, but also out-of-State subsequent arrest notifications. This change would also provide an additional safety for individuals receiving services and their families and would mitigate risk for employers.

Prior legislative history

This is a new bill.

Fiscal implications

This bill would be implemented within existing resources.

Effective date

The bill would take effect 90 days after it is signed into law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.