What's happening
This bill expands the definition of "qualified agencies" to include public defenders, legal aid societies, and assigned counsel administrators.
Why it matters
Expands access to criminal history information for defense-related agencies. By including public defenders, legal aid societies, and assigned counsel administrators as "qualified agencies," the bill enables these groups to request and review official records, which were previously more restricted to prosecution and law enforcement.
Levels the playing field in criminal proceedings. Defense attorneys will now have the same access to state-held criminal justice information as prosecutors, potentially leading to fairer pre-trial preparation and better-informed defense strategies.
May improve representation for low-income and indigent defendants. Since legal aid societies and public defenders often serve clients who cannot afford private counsel, the new access could help ensure these defendants receive more thorough and effective representation.
Could impact case outcomes and systemic fairness. By granting broader access to important records, the bill aims to reduce information imbalances in the justice system, which could lead to more just outcomes and increased trust in legal processes.
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Who cares
Headline styles
Add Defenders as Qualified Agencies
Plain English, a few words. Used as the page title.
Sponsors
History
- Vetoed memo.211
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading rules cal.401
- Substituted for A7644
- Referred to codes
- Delivered to assembly
- Passed senateVote 62–0
- Ordered to third reading cal.1416
- Committee discharged and committed to rules
- 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.
Add Defenders to Qualified Agencies
Assembly Floor Calendar · Sponsor Joseph Lentol
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2198
2019-2020 Regular Sessions
IN SENATE
January 23, 2019
Introduced by Sens. BAILEY, HOYLMAN, LANZA, MONTGOMERY, PARKER, RIVERA -- 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 the definition of qualified agencies
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 9 of section 835 of the executive law, as separately amended by chapters 14 and 155 of the laws of 2012, is amended to read as follows:
9. "Qualified agencies" means courts in the unified court system, the administrative board of the judicial conference, probation departments, sheriffs' offices, district attorneys' offices, the state department of corrections and community supervision, the department of correction of any municipality, the financial frauds and consumer protection unit of the state department of financial services, the office of professional medical conduct of the state department of health for the purposes of section two hundred thirty of the public health law, the child protective services unit of a local social services district when conducting an investigation pursuant to subdivision six of section four hundred twenty-four of the social services law, the office of Medicaid inspector general, the temporary state commission of investigation, police forces and departments having responsibility for enforcement of the general criminal laws of the state, the Onondaga County Center for Forensic Sciences Laboratory when acting within the scope of its law enforcement duties and the division of forensic services of the Nassau county medical examiner's office when acting within the scope of its law enforcement duties and public defenders, legal aid societies, and assigned counsel administrators.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05573-01-9
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 the definition of qualified agencies
Purpose or general idea of bill
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 specific 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 he 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 cf 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 II 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 Improvement's for Enhanced Commu- nity Safety (SIFECS) public Defense State.I Report (1990) also advocated for public defense counsel having direct access to criminal history information. "Ready access to criminal histories will benefit the defense and positively impact the efficiency of the criminal justice system." Public Defense State I Report, 111-3.
Legislative history
2015-2016: S.5358/A.7720(Lentol) - Referred to Finance
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.