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.