reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter VI - Fair Treatment Standards For Crime Victims › Part 6174 - Confirmation As A Victim Of Human Trafficking › Section 6174.5 - Consultation with the office

Current through Register Vol. 46, No. 28, July 10, 2024
The Division shall consult with the Office regarding the
					 confirmation of human trafficking victims pursuant to Social Services Law,
					 section
					 483-c c, including, but not limited to,
					 the form and manner in which a statutory referral source shall refer a person
					 who reasonably appears to be a human trafficking victim.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter VII - Mandatory Surcharge And Parking Violations Enforcement And Disposition Program › Part 6180 - Mandatory Surcharge And Parking Violations Enforcement And Disposition Program › Section 6180.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
When used in this Part:
(a) The term bureau shall mean an
				  administrative tribunal, established pursuant to Vehicle and Traffic Law
				  article 2-B, or an administrative agency authorized to hear and determine
				  complaints of traffic infractions constituting parking, standing or stopping
				  violations.
(b) The term city shall
				  mean a city with a population in excess of 100,000 persons, according to the
				  1980 United States Census.
(c) The
				  term days shall mean calendar days.
(d) The term mandatory surcharge shall mean
				  the $5 mandatory surcharge levied pursuant to Vehicle and Traffic Law section
				  1809-a, on all convictions of, findings or liability on, or guilty pleas to,
				  parking violations in cities having a population in excess of 100,000,
				  according to the 1980 United States Census.
(e) The term notice of violation shall mean
				  the actual parking ticket which is issued at the time of the alleged
				  violation.
(f) The term owner shall
				  also mean registrant of the motor vehicle.
(g) The term parking violation shall mean any
				  parking, standing or stopping violation as defined in accordance with the
				  Vehicle and Traffic Law or a violation of any local law, ordinance, rule or
				  regulation adopted pursuant to the Vehicle and Traffic Law relating to parking
				  violations.
(h) The term program
				  shall mean the Parking Violations Enforcement and Disposition Program
				  established pursuant to Executive Law section 837-j.
(i) The term uniform parking ticket shall
				  mean the ticket prescribed by the commissioner of the Division of Criminal
				  Justice Services, in cooperation with the Department of Motor Vehicles and
				  after consultation with the cities, to be used in all cases in those cities
				  involving parking violations.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter VII - Mandatory Surcharge And Parking Violations Enforcement And Disposition Program › Part 6180 - Mandatory Surcharge And Parking Violations Enforcement And Disposition Program › Section 6180.2 - Statement of purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to set forth minimum standards
					 for notices of parking violations and to establish uniform procedures,
					 consistent with due process requirements, for the processing of parking
					 violations issued in the affected cities.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter VII - Mandatory Surcharge And Parking Violations Enforcement And Disposition Program › Part 6180 - Mandatory Surcharge And Parking Violations Enforcement And Disposition Program › Section 6180.3 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The mandatory
				  surcharge must be levied in all cities on convictions for, findings of
				  liability on, or guilty pleas to, parking violations under the Vehicle and
				  Traffic Law and local parking laws or regulations adopted pursuant to the
				  Vehicle and Traffic Law. This mandatory surcharge is in addition to any fine(s)
				  or accrued penalties that may be imposed. Payment of the notice of violation
				  shall be considered satisfied when the fine, any accrued penalties and the
				  mandatory surcharge are paid in full.
(b) The mandatory surcharge is to be paid to
				  the clerk of the court or bureau which made the determination of liability or
				  accepted the guilty plea. Within the first 10 days of the month following
				  collection of the surcharge, the court or bureau shall pay the surcharge
				  amounts collected to the justice court fund held by the New York State
				  Comptroller in accordance with procedures specified by the Comptroller. These
				  funds will then be deposited to the credit of the criminal justice improvement
				  account. The court or bureau shall include a report, in the form and detail
				  prescribed by the Comptroller, with the payment of such surcharges.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter VII - Mandatory Surcharge And Parking Violations Enforcement And Disposition Program › Part 6180 - Mandatory Surcharge And Parking Violations Enforcement And Disposition Program › Section 6180.5 - Procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Issuance
				  of the notice of violation.
(1)
				  Whenever a notice of violation is issued for a parking violation, it shall be
				  served in the manner prescribed by Vehicle and Traffic Law section 238(2),
				  which requires that the notice of violation be served personally upon the
				  operator of a motor vehicle who is present at the time of service or served
				  upon the owner of the motor vehicle if the operator is not present, by affixing
				  such notice to the motor vehicle in a conspicuous place.
(2) Such notice must contain, at a minimum,
				  information on how and when the person may plead guilty or not guilty, the
				  consequences for failure to respond in the manner and time prescribed and be in
				  conformance with the requirements to be specified in section
				  6180.4 of this Part (to be filed at
				  a later date).
(3) In order to
				  ensure compliance with the second notice requirement set forth in subdivision
				  (c) of this section, all notices of violation issued shall be forwarded to the
				  appropriate bureau or court in a timely manner.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter VII - Mandatory Surcharge And Parking Violations Enforcement And Disposition Program › Part 6180 - Mandatory Surcharge And Parking Violations Enforcement And Disposition Program › Section 6180.6 - Exemptions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon a written
				  request by a city's chief executive officer, the commissioner of the Division
				  of Criminal Justice Services, after consulting with the Department of Motor
				  Vehicles, may authorize the use of an alternative parking ticket if it is
				  determined that the use of an alternative parking ticket is not inconsistent
				  with and will not diminish the effectiveness of the program.
(b) Upon a written application of the city's
				  chief executive officer, the Department of Motor Vehicles may authorize, for a
				  limited time, the use of any notice that does not contain all the information
				  required by section
				  6180.5(c)(2) 
				  of this Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter VIII - Forensic Services › Part 6190 - New York State Accreditation Program For Forensic Laboratories › Section 6190.2 - Statement of purpose

Current through Register Vol. 46, No. 28, July 10, 2024
(a) EL
				  section 995-b(13)(c) requires the DNA subcommittee to make binding
				  recommendations for adoption by the commission with regard to a NYS
				  accreditation program for a laboratory performing forensic DNA
				  testing.
(b) Executive Law §
										995-b(1) requires the
				  commission to develop minimum standards and a program of accreditation for all
				  forensic laboratories in New York State.
(c) It is the policy of the commission and
				  DNA subcommittee that to ensure reliable forensic testing and analysis, a
				  forensic laboratory should adhere to high standards in all aspects of its
				  operation. Further, the laboratory director, as well as the individual
				  specifically responsible for oversight of DNA testing and other personnel as
				  determined by the commission (upon the binding recommendation of the DNA
				  subcommittee) to be necessary and appropriate, should satisfy appropriate
				  educational and training requirements.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter VIII - Forensic Services › Part 6190 - New York State Accreditation Program For Forensic Laboratories › Section 6190.3 - NYS accreditation standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The commission has determined that all
				  forensic laboratories must meet the following standards to receive NYS
				  accreditation in disciplines other than forensic DNA testing:
(1) the laboratory must be accredited by
				  ANAB; or
(2) if the laboratory is
				  performing only toxicology analysis, it must be accredited by either ANAB or
				  ABFT.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter VIII - Forensic Services › Part 6190 - New York State Accreditation Program For Forensic Laboratories › Section 6190.4 - NYS accreditation procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A forensic laboratory seeking NYS
				  accreditation must apply to the division in a form prescribed by the division.
				  A forensic laboratory seeking accreditation shall provide the following
				  supporting documentation, access thereto or authorization for ANAB or ABFT, as
				  appropriate, to release:
(1) documentation of
				  accreditation by ANAB or ABFT, if obtained;
(2) all documentation submitted to ANAB or
				  ABFT, as part of such accreditation application process, the continuing
				  compliance requirements, if any, and any other related matters; and
(3) all documentation received by the
				  laboratory from ANAB or ABFT, which may include, but not be limited to any of
				  the following, if appropriate: information pertaining to the application
				  process; the accreditation inspection; the summation conference; the final
				  inspection report; and disciplinary actions or proceedings.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter VIII - Forensic Services › Part 6190 - New York State Accreditation Program For Forensic Laboratories › Section 6190.5 - Duration of NYS accreditation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				  forensic laboratory that is accredited will retain its NYS accreditation for
				  the same period as its ANAB or ABFT accreditation, unless such NYS
				  accreditation is revoked pursuant to section
				  6190.6 
				  of this Part. To retain NYS accredited status, such laboratory shall continue
				  to meet the standards under which it was accredited and shall participate in
				  any proficiency testing mandated by the commission or, with respect to forensic
				  DNA laboratories, the DNA subcommittee. Such laboratory must submit to the
				  division a copy of any documentation submitted to ANAB or ABFT or received from
				  it as part of the continuing compliance requirements, including any
				  notification of disciplinary action taken by ANAB or ABFT against such
				  laboratory. Such documentation shall be reviewed by the commission, or with
				  respect to forensic DNA laboratories, the DNA subcommittee, and appropriate
				  action may be taken against such laboratory, if necessary.
(b) A forensic laboratory that has received
				  NYS accreditation shall notify the division, in writing, no later than three
				  business days after any significant change in the management or management
				  structure of such laboratory.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter VIII - Forensic Services › Part 6190 - New York State Accreditation Program For Forensic Laboratories › Section 6190.6 - Sanctions for noncompliance; appeals

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In accordance with Executive Law, section
				  995-b(3) (e), the
				  commission (and with respect to forensic DNA laboratories, upon the binding
				  recommendation of the DNA subcommittee to the commission) may revoke, suspend
				  or otherwise limit the NYS accreditation of a forensic laboratory, if the
				  commission, or where appropriate, the DNA subcommittee determines that a
				  forensic laboratory or one or more persons in its employ:
(1) is guilty of misrepresentation in
				  obtaining a forensic laboratory NYS accreditation;
(2) rendered a report on laboratory work
				  actually performed in another forensic laboratory without disclosing the fact
				  that the examination or procedure was performed by such other forensic
				  laboratory;
(3) showed unacceptable
				  error or errors in the performance of forensic laboratory examination
				  procedures;
(4) failed to file any
				  report required to be submitted pursuant to EL article 49-B or violated in a
				  material respect any provision of that article;
(5) violated in a material respect any
				  provision of this Part, including the continuing compliance requirements of
				  ANAB or ABFT;
(6) failed to
				  participate in or to meet the standards of any proficiency test required by the
				  DNA subcommittee and/or the commission; or
(7) failed to notify the division, in
				  writing, of any significant change in the management or management structure of
				  such laboratory within the time period provided for in subdivision (b) of
				  section
				  6190.5 
				  of this Part. A forensic laboratory found to be in violation of this paragraph
				  shall be subject to a warning for the first violation.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter VIII - Forensic Services › Part 6191 - Notification To Designated Offenders › Section 6191.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When used in
				  this Part:
(1) The term
designated
				  offender
shall have the same meaning as set forth in section 995 (7)  of the Executive
				  Law.
(2) The term
State DNA
				  identification index
shall have the same meaning as set forth in
				  section 995 (6)  of the Executive
				  Law.
(3) The term
department
refers to the NYS Department of Corrections and
				  Community Supervision (DOCCS).
(4)
				  The term
OCFS
refers to the NYS Office of Children and Family
				  Services.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter VIII - Forensic Services › Part 6191 - Notification To Designated Offenders › Section 6191.2 - Statement of purpose

Current through Register Vol. 46, No. 28, July 10, 2024
Executive Law, section
					 995-c authorizes the commissioner of the
					 Division of Criminal Justice Services to establish a computerized State DNA
					 identification index. Designated offenders must provide a sample appropriate
					 for DNA testing to determine identification characteristics specific to such
					 person and for inclusion in such index. This Part shall set forth procedures
					 for notifying such offenders of these requirements.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter VIII - Forensic Services › Part 6191 - Notification To Designated Offenders › Section 6191.3 - Notification procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
				  designated offender sentenced to the department's custody or supervision shall
				  be notified by the department of his or her obligation to provide a DNA sample
				  to determine identification characteristics specific to such person and for
				  inclusion in the State DNA identification index.
(b) Any designated offender sentenced to a
				  term of probation shall be notified by the local probation department of his or
				  her obligation to provide a DNA sample to determine identification
				  characteristics specific to such person and for inclusion in the State DNA
				  identification index.
(c) Any
				  designated offender sentenced to a definite sentence or confined in a local
				  correctional facility shall be notified by such facility of his or her
				  obligation to provide a DNA sample to determine identification characteristics
				  specific to such person and for inclusion in the State DNA identification
				  index.
(d) Any designated offender
				  committed to the custody of OCFS shall be notified by OCFS of his or her
				  obligation to provide a DNA sample to determine identification characteristics
				  specific to such person and for inclusion in the State DNA identification
				  index.
(e) Upon notification to a
				  parole officer by the department or the Division of Criminal Justice Services,
				  any designated offender who did not provide a DNA sample while in the custody
				  of the department or OCFS and is released or conditionally released to parole
				  supervision or released to post-release supervision shall be notified by parole
				  officer of his or her obligation to provide a DNA sample to determine
				  identification characteristics specific to such person and for inclusion in the
				  State DNA identification index.
(f)
				  Any designated offender who is not subject to incarceration or probation
				  supervision as a result of a conviction for a designated offense, as well as
				  any other designed offender who currently owes a sample but is not under
				  sentence, may be notified by any court official, police officer, peace officer,
				  or other public servant that he or she is required to provide a DNA sample to
				  determine identification characteristics specific to such person and for
				  inclusion in the State DNA identification index.
(g) The notification to a designated offender
				  provided for in this section that such designated offender is required to
				  provide a DNA sample may be communicated to such designated offender verbally
				  and need not be in writing.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter VIII - Forensic Services › Part 6192 - Policy For Establishment And Operation Of A Dna Identification Index › Section 6192.2 - Statement of purpose

Current through Register Vol. 46, No. 28, July 10, 2024
Executive Law section
					 995-b(9) states that
					 "After reviewing recommendations from the Division of Criminal Justice
					 Services, the commission, in consultation with the DNA subcommittee, shall
					 promulgate a policy for the establishment and operation of a DNA identification
					 index consistent with the operational requirements and capabilities of the
					 Division of Criminal Justice Services." This policy ensures that procedures
					 related to all legal and programmatic obligations of Executive Law, section
					 995-b have been set forth in order to
					 properly govern the establishment and operation of the DNA databank. This
					 policy was adopted by the commission based on the recommendations of the
					 division and in consultation with the DNA subcommittee.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter VIII - Forensic Services › Part 6192 - Policy For Establishment And Operation Of A Dna Identification Index › Section 6192.4 - Accuracy and completeness of DNA records

Current through Register Vol. 46, No. 28, July 10, 2024
The accuracy and completeness of all DNA records maintained
					 as part of the DNA databank will be assured through compliance with laboratory
					 accreditation standards as promulgated by the commission in Part 6190 of this
					 Title. In addition, accuracy and completeness of all DNA records maintained as
					 part of the DNA databank will be assured through compliance by all forensic DNA
					 laboratories with the requirements of the
NDIS Operating
					 Procedures.
Each DNA profile submitted must be certified by the
					 submitting laboratory as being associated with the appropriate controls and
					 blanks. Copies of all official correspondence between the DNA databank and
					 participating laboratories will be maintained in the appropriate division
					 file.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter VIII - Forensic Services › Part 6192 - Policy For Establishment And Operation Of A Dna Identification Index › Section 6192.5 - Security features preventing unauthorized access

Current through Register Vol. 46, No. 28, July 10, 2024
The server on which the DNA databank resides shall be
					 located in a secure area to prevent unauthorized physical access in accordance
					 with NDIS requirements. All forensic DNA laboratories which use or contribute
					 data to the DNA databank shall choose CODIS compatible software and hardware
					 designs which prevent unauthorized access to DNA records. Each participating
					 laboratory must have a written information systems plan which specifies the
					 architecture of the laboratory's computer hardware and the structure of
					 security comprising the access control component of the computer software
					 employed. The information systems plan must demonstrate that an electronic
					 audit trail is maintained for activities related to the entering or editing of
					 DNA records. In addition, the information systems plan shall conform with all
					 applicable information security rules, regulations, and policies. The division,
					 in consultation with forensic DNA laboratory directors, shall develop model
					 documents to assist forensic DNA laboratories in complying with the
					 requirements of this Part. A final information systems plan shall be submitted
					 by the laboratory for review and approval by the division prior to the
					 laboratory gaining access as a participant in the DNA databank. The division
					 shall determine the acceptability of each laboratory information systems plan.
					 The NYS standards must be designed and applied in such a way as to allow
					 compliant participating forensic DNA laboratories to participate in the FBI's
					 CODIS program.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter VIII - Forensic Services › Part 6192 - Policy For Establishment And Operation Of A Dna Identification Index › Section 6192.6 - Prevention of illegal disclosures

Current through Register Vol. 46, No. 28, July 10, 2024
At least once per year, audits will be conducted by the
					 division of all forensic DNA laboratories to assure that no illegal disclosures
					 of DNA records have taken place. This audit will verify that all necessary
					 documents required for accessing and controlling DNA records and their
					 associated information have been appropriately completed, and compliance with
					 the laboratory's approved information systems plan. These documents include,
					 but are not limited to, the use and dissemination agreements between the
					 laboratory and user agencies or the division; search request forms and search
					 result forms; and case disposition query forms. In addition, the audit will
					 review the participant laboratory's standard operating procedure (SOP) related
					 to these procedures to ensure that the SOP is complete and up-to-date. The
					 division may develop a standardized audit checklist to assist in completion of
					 the required audits. The division may provide the audit report to the
					 laboratory for remediation of any findings, if necessary. Within 90 days of the
					 completion of the audit, the division shall submit a summary audit report to
					 the chair of the DNA subcommittee, reporting the findings of the audit as well
					 as any response from the laboratory and/or recommendations for changes. The DNA
					 subcommittee shall review the audit report, and forward binding recommendations
					 to the commission for action. Once DNA subcommittee and commission action on
					 the audits are completed, the audit report shall be maintained by the division
					 for three years from the date of the commission's final action related to the
					 audit report, after which the audit report may be disposed. A record of
					 disposition shall be maintained in the permanent files of the division for each
					 forensic DNA laboratory.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter VIII - Forensic Services › Part 6192 - Policy For Establishment And Operation Of A Dna Identification Index › Section 6192.7 - Restriction of access to information systems

Current through Register Vol. 46, No. 28, July 10, 2024
Access to record information system facilities, systems
					 operating environments and data file contents (whether while in use or when
					 stored in a media library) shall be restricted to authorized personnel only.
					 These restrictions shall be assured through compliance by the laboratory with
					 the accreditation standards promulgated by the commission in Part 6190 of this
					 Title.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter VIII - Forensic Services › Part 6192 - Policy For Establishment And Operation Of A Dna Identification Index › Section 6192.8 - Inquiry, update or destruction of records

Current through Register Vol. 46, No. 28, July 10, 2024
Inquiries, updates, or destruction of DNA records in the
					 DNA databank shall only be made by authorized sources of inquiry, update, or
					 destruction. Inquiries related to DNA records in the DNA databank may be
					 accepted only from a participating, accredited forensic DNA laboratory; a
					 subject of the DNA databank (see Part 6193 of this Title); an agency authorized
					 to make such inquiry pursuant to a properly executed use and dissemination
					 agreement (see Part 6193 of this Title); other authorized CODIS laboratories
					 outside of New York State; or the FBI (see section
					 6192.10 
					 of this Part). Update or destruction of records shall only be made by an
					 authorized agent of the division or its designee. Any update to, or destruction
					 of, a DNA record in the DNA databank shall be recorded in a log following an
					 electronic or hardcopy form prescribed by the division.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter VIII - Forensic Services › Part 6192 - Policy For Establishment And Operation Of A Dna Identification Index › Section 6192.9 - Unauthorized attempts to penetrate the DNA databank

Current through Register Vol. 46, No. 28, July 10, 2024
As noted in Executive Law section
					 995-b(9)(vi),
					 "Operational programs shall be used to detect and store for the output of the
					 division or its designee all unauthorized attempts to penetrate the DNA
					 databank." The division shall certify to the DNA subcommittee and commission
					 that the DNA databank hardware and software architecture has been appropriately
					 designed, implemented and safeguarded to eliminate the realistic chance that
					 such unauthorized attempts to penetrate the DNA databank could go undetected.
					 This certification shall be made based on conformance of the DNA databank with
					 all applicable information security rules, regulations, and policies. The
					 division shall maintain this certification in a file with the written
					 information system plans from participant laboratories (see section
					 6192.5 
					 of this Part). A current certification must be on file at the division at all
					 times.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter VIII - Forensic Services › Part 6192 - Policy For Establishment And Operation Of A Dna Identification Index › Section 6192.10 - Mutual exchange, use and storage of DNA records

Current through Register Vol. 46, No. 28, July 10, 2024
Mutual exchange, use and storage of DNA records within the
					 DNA databank with the system of DNA identification by the FBI shall be allowed,
					 provided that:
(a) the commission
				  determines that such exchange, use and storage are consistent with the
				  provision of article 49-B of the Executive Law and applicable provisions of NYS
				  law;
(b) applicable requirements
				  enumerated within sections
				  6192.3
				  through
				  6192.9 
				  of this Part have been met; and
(c)
				  a memorandum of understanding has been executed between the appropriate New
				  York State agencies and the FBI.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter VIII - Forensic Services › Part 6193 - Use And Dissemination Agreement For Access To State Dna Databank; Right Of Subjects To Access Records, And Expungement › Section 6193.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The term
commissioner
refers to the Commissioner of the New York State
				  Division of Criminal Justice Services, or his or her designee.
(b) The term
division
refers
				  to the New York State Division of Criminal Justice Services.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter VIII - Forensic Services › Part 6193 - Use And Dissemination Agreement For Access To State Dna Databank; Right Of Subjects To Access Records, And Expungement › Section 6193.2 - Use and dissemination agreements

Current through Register Vol. 46, No. 28, July 10, 2024
Access to the DNA databank shall be granted to an agency
					 authorized by article 49-B of the Executive Law, to have such access, pursuant
					 only to a written use and dissemination agreement. A copy of each current use
					 and dissemination agreement shall be filed with the commission and maintained
					 in a division file for each participant laboratory at all times. The format of
					 the agreements shall be determined by the division. The use and dissemination
					 agreement shall specify:
(a) duties of
				  the division to provide the requested access and information to authorized
				  parties;
(b) duties of the user
				  agency to receive, store and use all information covered by the agreement in
				  compliance with all applicable State and Federal laws and
				  regulations;
(c) duties of the user
				  agency to familiarize all personnel and adhere to all regulations governing the
				  receipt, storage and use of all information covered in the agreement;
(d) duties of the user agency to maintain
				  records that support and justify inquiries and requests for DNA databank
				  searches, and make these records available to the division during periodic
				  audits performed by the division;
(e) prohibitions on the redisclosure by the
				  user agency of any information obtained from the DNA databank to any
				  unauthorized agency or person;
(f)
				  specific policy for suspension of access, cancellation of access and/or fines
				  for any violations of the terms and conditions of the use and dissemination
				  agreement by a user agency, its employees or agents, and a policy for
				  reinstating access or service by the division only after the division is
				  satisfied that the causes of all violations have been eliminated;
(g) specific instructions allowing
				  termination by either party of the agreement for any reason, with 30 days'
				  notice.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle U - Division of Criminal Justice Services › Chapter VIII - Forensic Services › Part 6193 - Use And Dissemination Agreement For Access To State Dna Databank; Right Of Subjects To Access Records, And Expungement › Section 6193.3 - Right of subjects to access and review records

Current through Register Vol. 46, No. 28, July 10, 2024
All requests for access to and review of records relating
					 to a subject of the DNA databank, by such subject, will be reviewed on a
					 case-by-case basis by the division. In reviewing and responding to the request,
					 the following steps shall be followed:
(a) The subject must:
(1) provide in writing his/her name; any
				  aliases used; date of birth; NYSID (if known); sex; race; date of sentence for
				  the index offense (if known); the jurisdiction of the court which sentenced the
				  subject (if known); imprints of the right and left fingerprints having
				  sufficient clarity to allow for automated processing; current address; and
				  current phone number (if available). This information must be submitted under
				  the subject's signature and seal of a registered notary with the following
				  authentication statement: "False statements made herein are punishable as a
				  class A misdemeanor pursuant to section 210.45 of the New York State Penal
				  Law;" or
(2) provide another
				  alternative method of identification deemed satisfactory by the
				  commissioner.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6200 - Filing Statements of Campaign Receipts and Expenditures › Section 6200.1 - Places for filing statements of campaign receipts and expenditures

Current through Register Vol. 46, No. 28, July 10, 2024
The places for filing statements of campaign receipts and
				  expenditures pursuant to sections 14-102 and
				  14-104  of the Election Law shall be as
				  follows:
(a)
(1) The statements of a candidate for
				election to the office of presidential elector, Governor, Lieutenant Governor,
				Attorney General, Comptroller, member of the State Legislature, delegate to a
				Constitutional Convention, justice of the Supreme Court or for nomination for
				any such office at a primary election or convention, or for any party position
				to be voted for at a primary election by the voters of two or more counties or
				portions of two or more counties not wholly within the City of New York, with
				the State Board of Elections.
(2)
				The statements of a candidate for election to any other public office except a
				village office, or for nomination for any such office at a primary election or
				convention, or for any party position to be voted for at a primary election
				solely by the voters within a single county or within the City of New York,
				with the board of elections of the city or county whose voters are to vote for
				such office of party position.
(3)
				The statements of a candidate for election to a village office or for
				nomination for any such office at a primary election or convention, with the
				village clerk, except where a village had opted, pursuant to section 15-104 (d)  of the
				Election Law, to have elections occur on the day of the general election and be
				conducted by the board of elections, then with the county board of
				elections.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6200 - Filing Statements of Campaign Receipts and Expenditures › Section 6200.3 - Filing of statements by candidates for party positions and political committees supporting such candidates

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The provisions of sections 14-104, 14-112 (b) and
				14-118 (a)  of the
				Election Law shall not apply to any candidate for member of a county committee
				of a political party or any candidate for delegate or alternate delegate to a
				judicial district convention if the campaign expenditures made by or on behalf
				of such candidate do not exceed $50.
(b) Political committees supporting such
				candidates may, when filing statements required by section 14-112  of the Election Law, list the
				titles of such party positions in lieu of the names of the supported
				candidates.
(c) When filing
				statements of campaign receipts and expenditures pursuant to section 14-102  of the Election Law, a political
				committee may, when allocating expenditures, combine as a single entry all
				expenditures made on behalf of candidates for such party positions for whom no
				more than $50 has been expended.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6200 - Filing Statements of Campaign Receipts and Expenditures › Section 6200.4 - Fund-raising events

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
				candidate or political committee that charges or accepts monetary donations for
				admission to any fund-raising event at which food and beverages are provided,
				is not required to list as a candidate expenditure the cost of providing such
				food and beverages (including the expense of preparation and service) where any
				such cost is included within the charge or suggested donation for such
				admission; provided, however, that the charge or donation for any such
				admission must exceed the cost of providing a person admitted with food and
				beverages.
(b) Notwithstanding the
				foregoing, any such cost of providing food and beverages shall be separately
				reported and itemized by any such candidate or political committee on his or
				its statement of campaign receipts and expenditures. Any other cost in relation
				to any such fund-raising event, including but not limited to the cost of music,
				printing, premises or advertising must be listed and itemized in the same
				manner as any other candidate expenditure is reported.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6200 - Filing Statements of Campaign Receipts and Expenditures › Section 6200.5 - Expenditures not exceeding $50

Current through Register Vol. 46, No. 28, July 10, 2024
Expenditures made by any individual or political committee
				  for or on behalf of the nomination or election of any candidate or candidates
				  for or on behalf of any question to be submitted to vote at a public election,
				  in an aggregate amount not exceeding $50 during any calendar year shall not be
				  deemed a "contribution other than of money," and any individual or political
				  committee, by the fact of any such expenditures alone, shall not be required to
				  comply with the provisions of sections 14-102 and
				  14-118  of the Election
				  Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6200 - Filing Statements of Campaign Receipts and Expenditures › Section 6200.6 - Contribution other than of money

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The term contribution other than of money
				means:
(1) a gift, subscription, loan or
				advance of anything of value (other than money) made to or for any candidate or
				political committee; and
(2) the
				payment by any person other than a candidate or political committee of
				compensation for the personal services of another person which are rendered to
				any such candidate or committee without charge;
(3) provided, however, that the term
				contribution other than of money shall not be construed to include personal
				services provided without compensation by individuals volunteering a portion or
				all of their time on behalf of a candidate or political committee.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6200 - Filing Statements of Campaign Receipts and Expenditures › Section 6200.8 - Reporting requirements

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever a person or entity, such as a consultant acting on
				  behalf of a political committee which supports or opposes candidates for any
				  public office or party position or which supports or opposes any proposition,
				  subcontracts for finished goods or services, the treasurer of the committee
				  shall, in addition to reporting the expenditure made to such consultant or
				  agent, report the name, address and amount expended to each person or entity
				  providing such goods or services the cost of which exceeds, in the case of a
				  committee supporting candidates for statewide office, $10,000 and all other
				  committees, $5,000. The treasurer of any committee which makes such
				  expenditures may, in lieu of providing such information on the statement which
				  lists the expenditure, include the information on a separate schedule to be
				  filed with the committee's 27-day post general election statement or if it
				  relates to a primary election, with the 10-day post primary statement. In such
				  case the schedule entry shall reference the statement in which the expenditure
				  is listed.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6200 - Filing Statements of Campaign Receipts and Expenditures › Section 6200.9 - Legibility of financial disclosure forms

Current through Register Vol. 46, No. 28, July 10, 2024
All filings made pursuant to sections 14-102, 14-104, 14-112 and
				  14-118  of the Election Law must be typed
				  or printed legibly in black or blue ink. Upon receipt of a filing made pursuant
				  to these sections, which the financial disclosure unit determines not to meet
				  the requirements of this rule, the unit shall make a copy of such filing for
				  placement in the public view file and return the original to the treasurer or
				  candidate by first class mail. If a legible filing is not made to the board
				  within 10 business days of the mailing of such form to the treasurer or
				  candidate, this shall be considered a failure to file under the provisions of
				  the Election Law, section
				  14-126.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6200 - Filing Statements of Campaign Receipts and Expenditures › Section 6200.10 - Disclosure of independent expenditures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Purpose and Overview. The purpose of this Regulation is to set forth the requirements under the New York State Election Law regarding compliance with Independent Expenditure disclosure. The New York State Election Law mandates how financial activity, including independent expenditures, is to be disclosed. Article 14 of the Election Law ("EL") sets forth the requirement that independent expenditures be disclosed through the filing of campaign financial disclosure reports.
(b) Definitions.
(1) Independent Expenditure means an expenditure made by an independent expenditure committee conveyed to 500 or more members of a General Public Audience or any paid internet or digital advertisement targeted to 50 or more members of the General Public Audience, provided such expenditure is in a form described in subpargraph (i) and meets one of the three content and timing criteria described in subparagraph (ii) and is not a communication exempted from the definition of independent expenditure by paragraph (2) of this subdivision or other provision of law.
(i) An independent expenditure shall be in the form of:
(a) an audio or video communication via broadcast, cable or satellite;
(b) a written communication via advertisements, pamphlets, circulars, flyers, brochures, letterheads;
(c) other published statements which shall include, but not be limited to, d.igital media; or
(d) any paid internet or digital advertisement as defined in paragraph 11 of this section.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6200 - Filing Statements of Campaign Receipts and Expenditures › Section 6200.11 - Disclosure of Campaign Materials

Current through Register Vol. 46, No. 28, July 10, 2024
Disclosure of Political Communications / "Campaign
				  Materials".
(a) All political
				committees required to file primary, general and/or special election reports,
				must at the same time the applicable post-election campaign financial
				disclosure report is due and made, submit copies of all the filer's political
				communications, also known as campaign materials, purchased in connection with
				such election by or under the authority of the person filing the statement of
				the committee of the person on whose behalf it is filed, as the case may be.
				Copies shall include:
(1) a copy of all
				broadcast, cable or satellite schedules and scripts;
(2) internet, print and other types of
				advertisements, pamphlets, circulars, flyers, brochures, letterheads and other
				printed matter purchased or produced;
(3) reproductions of statements or
				information published to 500 or more members of a general public
				audience;
(4) by computer or other
				electronic device including but not limited to electronic mail or text message;
				and
(5) any paid internet or
				digital advertisement unless such advertisement had previously been provided to
				the State Board pursuant to this section. Such copies, schedules and scripts
				shall be preserved by the officer with whom or the board with which it is
				required to be filed for a period of one year from the date of filing thereof.
				(EL 14-106)