Clarifies that the department of corrections is not required to obtain and input into its electronic record-keeping applications any individual's otherwise uncollected former legal name or any alias, the official text

S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1675
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2025
                                ___________
 
 Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
   Committee on Correction
 
 AN ACT to amend the correction law, in relation to clarifying  that  the
   department of corrections is not required to obtain and input into its
   electronic  record-keeping  applications  any  individual's  otherwise
   uncollected former legal name or any alias; and to amend a chapter  of
   the  laws  of  2024  amending the correction law relating to requiring
   that websites providing incarcerated individual information be search-
   able by the incarcerated individual's name, former name or  alias,  as
   proposed  in  legislative  bills  numbers  S. 4061-A and A. 4763-A, in
   relation to the effectiveness thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 9 of the correction law, as amended by a chapter of
 the  laws of 2024 amending the correction law relating to requiring that
 websites providing incarcerated individual information be searchable  by
 the incarcerated individual's name, former name or alias, as proposed in
 section  2  of  legislative  bills  numbers  S. 4061-A and A. 4763-A, is
 amended to read as follows:
   § 9. Access to information of incarcerated individuals via the  inter-
 net.  Notwithstanding any provision of law to the contrary, any informa-
 tion relating to the conviction of a person that is posted on a  website
 maintained  by  or  for  the department, under article six of the public
 officers law, may be posted on such website for a period not  to  exceed
 three  years after the expiration of such person's sentence of imprison-
 ment and at the conclusion of  any  period  of  parole  or  post-release
 supervision;  provided  further,  however,  that  any  such website that
 allows the public to  search  for  incarcerated  individual  information
 shall  be  programmed in such a manner that the search may be successful
 by input of the incarcerated individual's current name, any former legal
 name or any other known alias of the  incarcerated  individual.  TO  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02691-01-5
 A. 1675                             2
 
 EXTENT  THE  DEPARTMENT  COLLECTS  AN  INDIVIDUAL'S CURRENT NAME, FORMER
 LEGAL NAME, OR ANY KNOWN ALIAS FROM GOVERNMENT RECORDS UTILIZED  BY  THE
 DEPARTMENT,  THE  DEPARTMENT SHALL ENSURE THAT SUCH INFORMATION IS INPUT
 INTO  ANY  WEBSITE  CREATED PURSUANT TO THIS SECTION, PROVIDED, HOWEVER,
 THAT NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE  THE  DEPART-
 MENT TO OBTAIN AND INPUT INTO THE DEPARTMENT'S ELECTRONIC RECORD-KEEPING
 APPLICATIONS ANY INDIVIDUAL'S OTHERWISE UNCOLLECTED FORMER LEGAL NAME OR
 ANY ALIAS.
   §  2.  Section  3  of  a  chapter  of  the  laws  of 2024 amending the
 correction law relating to requiring that websites providing incarcerat-
 ed individual information be searchable by the incarcerated individual's
 name, former name or alias, as proposed in legislative bills numbers  S.
 4061-A and A.  4763-A, is amended to read as follows:
   §  3. This act shall take effect [on the ninetieth day] ONE YEAR after
 it shall have become a law[; provided, however, that if chapter  631  of
 the laws of 2023 shall not have taken effect on or before such date then
 section  two  of  this act shall take effect on the same date and in the
 same manner as such chapter of the laws of 2023, takes effect].
   § 3. This act shall take effect immediately; provided,  however,  that
 section  one  of  this act shall take effect on the same date and in the
 same manner as a chapter of the laws of 2024 amending the correction law
 relating to requiring that websites  providing  incarcerated  individual
 information  be searchable by the incarcerated individual's name, former
 name or alias, as proposed in legislative bills numbers S. 4061-A and A.
 4763-A, takes effect.