S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2649
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 27, 2015
                                      ___________
       Introduced  by  Sens. RANZENHOFER, DeFRANCISCO -- read twice and ordered
         printed, and when printed to be committed to the Committee on Codes
       AN ACT to amend the penal law, in relation to prohibiting the release of
         personal medical records or information without a warrant  or  express
         written authorization of the individual
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 4 of  section  400.00  of  the  penal  law,  as
    2  amended by chapter 1 of the laws of 2013, is amended to read as follows:
    3    4.  Investigation.  Before a license is issued or renewed, there shall
    4  be an investigation of all statements required in the application by the
    5  duly constituted police authorities of the locality where such  applica-
    6  tion is made, including but not limited to such records as may be acces-
    7  sible  to  the  division of state police or division of criminal justice
    8  services pursuant to section 400.02 of this article. For  that  purpose,
    9  the  records  of  the  appropriate  office  of  the department of mental
   10  hygiene concerning previous or present mental illness of  the  applicant
   11  shall  be  available  for inspection by the investigating officer of the
   12  police authority. In order to ascertain any  previous  criminal  record,
   13  the  investigating  officer  shall  take  the  fingerprints and physical
   14  descriptive data in quadruplicate of each individual by whom the  appli-
   15  cation  is signed and verified. Two copies of such fingerprints shall be
   16  taken on standard fingerprint cards eight inches square,  and  one  copy
   17  may  be  taken on a card supplied for that purpose by the federal bureau
   18  of investigation; provided, however, that in the  case  of  a  corporate
   19  applicant  that has already been issued a dealer in firearms license and
   20  seeks to  operate  a  firearm  dealership  at  a  second  or  subsequent
   21  location, the original fingerprints on file may be used to ascertain any
   22  criminal  record  in  the second or subsequent application unless any of
   23  the corporate officers have changed  since  the  prior  application,  in
   24  which  case  the  new  corporate  officer  shall  comply with procedures
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02102-01-5
       S. 2649                             2
    1  governing an initial application for such license. When  completed,  one
    2  standard  card  shall  be  forwarded  to and retained by the division of
    3  criminal justice services in the  executive  department,  at  Albany.  A
    4  search  of  the  files  of such division and written notification of the
    5  results of the search to the investigating officer shall be made without
    6  unnecessary delay. Thereafter, such division shall notify the  licensing
    7  officer  and the executive department, division of state police, Albany,
    8  of any criminal record of the applicant filed therein subsequent to  the
    9  search  of its files. A second standard card, or the one supplied by the
   10  federal bureau of investigation, as the case may be, shall be  forwarded
   11  to that bureau at Washington with a request that the files of the bureau
   12  be searched and notification of the results of the search be made to the
   13  investigating  police authority. Of the remaining two fingerprint cards,
   14  one shall be filed with the  executive  department,  division  of  state
   15  police,  Albany,  within ten days after issuance of the license, and the
   16  other remain on file with the investigating police  authority.  No  such
   17  fingerprints  may be inspected by any person other than a peace officer,
   18  who is acting pursuant to his  special  duties,  or  a  police  officer,
   19  except  on  order of a judge or justice of a court of record either upon
   20  notice to the licensee or without notice, as the judge  or  justice  may
   21  deem  appropriate.  Upon  completion  of  the  investigation, the police
   22  authority shall report the results  to  the  licensing  officer  without
   23  unnecessary  delay.    NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE
   24  CONTRARY NEITHER THE STATE POLICE,  THE  DIVISION  OF  CRIMINAL  JUSTICE
   25  SERVICES, NOR ANY OTHER LAW ENFORCEMENT AGENCY OR EMPLOYEE THEREOF SHALL
   26  BE PERMITTED TO ACCESS PERSONAL MEDICAL RECORDS AND OTHER MEDICAL INFOR-
   27  MATION  OTHER  THAN RECORDS REQUIRED TO BE PROVIDED BY THE DEPARTMENT OF
   28  MENTAL HYGIENE WITHOUT A PROPERLY ISSUED WARRANT, OR THE  EXPRESS  WRIT-
   29  TEN, NOTARIZED PERMISSION OF THE INDIVIDUAL WHOSE INFORMATION IS SOUGHT.
   30    S  2.  Section  400.02  of the penal law, as added by chapter 1 of the
   31  laws of 2013, is amended to read as follows:
   32  S 400.02 Statewide license and record database.
   33    1. There shall be a statewide license and record database which  shall
   34  be  created  and  maintained by the division of state police the cost of
   35  which shall not be borne  by  any  municipality.  Records  assembled  or
   36  collected  for  purposes  of  inclusion  in  such  database shall not be
   37  subject to disclosure pursuant to article six  of  the  public  officers
   38  law.  Records  containing  granted license applications shall be period-
   39  ically checked by the division  of  criminal  justice  services  against
   40  criminal  conviction, mental health, and all other records as are neces-
   41  sary to determine their continued accuracy as well as whether  an  indi-
   42  vidual  is  no  longer  a valid license holder. The division of criminal
   43  justice services shall also check pending applications made pursuant  to
   44  this  article against such records to determine whether a license may be
   45  granted. All state agencies shall cooperate with the division of  crimi-
   46  nal  justice  services,  as otherwise authorized by law, in making their
   47  records available for such checks.  The  division  of  criminal  justice
   48  services, upon determining that an individual is ineligible to possess a
   49  license, or is no longer a valid license holder, shall notify the appli-
   50  cable  licensing official of such determination and such licensing offi-
   51  cial shall not issue a license or revoke such license  and  any  weapons
   52  owned  or  possessed by such individual shall be removed consistent with
   53  the provisions of subdivision eleven of section 400.00 of this  article.
   54  Local  and  state law enforcement shall have access to such database, as
   55  otherwise authorized by law, in the performance of their duties. Records
       S. 2649                             3
    1  assembled or collected for purposes of inclusion in the database  estab-
    2  lished by this section shall be released pursuant to a court order.
    3    2.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY NEITHER
    4  THE  STATE  POLICE,  THE  DIVISION OF CRIMINAL JUSTICE SERVICES, NOR ANY
    5  OTHER LAW ENFORCEMENT AGENCY OR EMPLOYEE THEREOF SHALL BE  PERMITTED  TO
    6  ACCESS PERSONAL MEDICAL RECORDS AND OTHER MEDICAL INFORMATION OTHER THAN
    7  RECORDS  REQUIRED  TO  BE  PROVIDED  BY THE DEPARTMENT OF MENTAL HYGIENE
    8  WITHOUT A PROPERLY ISSUED WARRANT, OR  THE  EXPRESS  WRITTEN,  NOTARIZED
    9  PERMISSION OF THE INDIVIDUAL WHOSE INFORMATION IS SOUGHT.
   10    S  3.  Subdivision  3 of section 400.00 of the penal law is amended by
   11  adding a new paragraph (c) to read as follows:
   12    (C) (I) THE APPLICATION FOR A LICENSE TO  CARRY,  POSSESS,  REPAIR  OR
   13  DISPOSE  OF  FIREARMS,  OR THE RENEWAL THEREOF, PURSUANT TO THIS SECTION
   14  SHALL NOT REQUIRE THE APPLICANT TO  CONSENT  TO  THE  RELEASE  OF  THEIR
   15  PERSONAL  MEDICAL  RECORDS  AND  OTHER  MEDICAL  INFORMATION, OTHER THAN
   16  RECORDS REQUIRED TO BE PROVIDED BY THE DEPARTMENT OF MENTAL HYGIENE,  AS
   17  A  CONDITION  OF RECEIVING OR RETAINING SUCH LICENSE UNLESS THE INVESTI-
   18  GATING AGENCY HAS A REASONABLE BELIEF THAT A MEDICAL ISSUE EXISTS  WHICH
   19  WOULD JUSTIFY THE DENIAL OF A LICENSE PURSUANT TO THIS SECTION.
   20    (II)  THE STATE POLICE, THE DIVISION OF CRIMINAL JUSTICE SERVICES, AND
   21  ANY OTHER LAW ENFORCEMENT AGENCY  OR  EMPLOYEE  THEREOF  MAY  REQUEST  A
   22  CONSENT  FROM  INDIVIDUALS  FOR  THE  RELEASE  OF THEIR PERSONAL MEDICAL
   23  RECORDS OR OTHER MEDICAL INFORMATION WHERE SUCH LAW  ENFORCEMENT  AGENCY
   24  HAS  A REASONABLE BELIEF THAT A MEDICAL ISSUE EXISTS WHICH WOULD JUSTIFY
   25  THE SUSPENSION OR REVOCATION  OF  A  LICENSE  ISSUED  PURSUANT  TO  THIS
   26  SECTION.
   27    S 4. This act shall take effect immediately.