Bill Text: NY A06276 | 2011-2012 | General Assembly | Introduced


Bill Title: Authorizes youth services organizations to search records of the division of criminal justice services to determine if an applicant has been convicted of a sex offense.

Spectrum: Slight Partisan Bill (Democrat 33-15)

Status: (Introduced - Dead) 2012-01-04 - referred to correction [A06276 Detail]

Download: New_York-2011-A06276-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6276
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 11, 2011
                                      ___________
       Introduced by M. of A. HEVESI -- read once and referred to the Committee
         on Correction
       AN ACT to amend the correction law and the executive law, in relation to
         search of certain conviction records
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraph (c) of subdivision 2-a of section  168-p  of  the
    2  correction  law, as added by chapter 361 of the laws of 2004, is amended
    3  to read as follows:
    4    (c) For purposes of this subdivision AND SECTION EIGHT  HUNDRED  THIR-
    5  TY-SEVEN-S  OF  THE  EXECUTIVE  LAW, "youth services organization" shall
    6  mean a formalized program operated by a corporation pursuant to subpara-
    7  graph five of paragraph (a) of section one hundred two of  the  not-for-
    8  profit corporation law that functions primarily to: (a) provide children
    9  the  opportunity to participate in adult-supervised sporting activities;
   10  or (b) match children or groups of children with  adult  volunteers  for
   11  the  purpose  of providing children with positive role models to enhance
   12  their development.
   13    S 2. The executive law is amended by adding a  new  section  837-s  to
   14  read as follows:
   15    S  837-S. SEARCH OF CERTAIN CONVICTION RECORDS BY SPECIFIED NON-PROFIT
   16  AND NOT-FOR-PROFIT YOUTH SERVICES ORGANIZATIONS.  1.    DEFINITIONS.  AS
   17  USED IN THIS SECTION:
   18    (A)  "AUTHORIZED  OFFICIAL"  MEANS  ONE  PERSON, DESIGNATED BY A YOUTH
   19  SERVICES ORGANIZATION IN A WRITTEN NOTIFICATION FILED WITH THE DIVISION,
   20  WHO HAS ACCESS TO AND RESPONSIBILITY FOR MAINTAINING THE CONFIDENTIALITY
   21  OF CRIMINAL HISTORY INFORMATION PROVIDED PURSUANT TO THIS SECTION.
   22    (B) "SPECIFIED OFFENSE" MEANS CONVICTION FOR A CRIME DEFINED AS A "SEX
   23  OFFENSE" PURSUANT TO PARAGRAPHS (A), (B), (C) OR (E) OF SUBDIVISION  TWO
   24  OR A "SEXUALLY VIOLENT OFFENSE" PURSUANT TO PARAGRAPH (A) OF SUBDIVISION
   25  THREE OF SECTION ONE HUNDRED SIXTY-EIGHT-A OF THE CORRECTION LAW.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09669-03-1
       A. 6276                             2
    1    (C)  "YOUTH  SERVICES ORGANIZATION" SHALL HAVE THE SAME MEANING AS SET
    2  FORTH IN PARAGRAPH (C) OF  SUBDIVISION  TWO-A  OF  SECTION  ONE  HUNDRED
    3  SIXTY-EIGHT-P OF THE CORRECTION LAW.
    4    2.  ANY  PERSON  WHO APPLIES FOR A VOLUNTEER OR PAID POSITION WITH ANY
    5  YOUTH SERVICES ORGANIZATION MAY BE  REQUIRED  BY  SUCH  ORGANIZATION  TO
    6  AUTHORIZE THE SUBMISSION OF HIS OR HER NAME AND OTHER AUTHORIZED IDENTI-
    7  FYING  INFORMATION TO THE DIVISION WHICH, UPON REQUEST OF SUCH ORGANIZA-
    8  TION, SHALL SEARCH ITS FILES FOR RECORDS INDICATING WHETHER  THE  PERSON
    9  STANDS  CONVICTED  OF A SPECIFIED OFFENSE. WHEN REQUESTING SUCH AUTHORI-
   10  ZATION, THE AUTHORIZED OFFICIAL OF SUCH AN  ORGANIZATION  SHALL  PROVIDE
   11  WRITTEN NOTICE TO THE APPLICANT THAT A SEARCH MAY BE CONDUCTED OF CRIMI-
   12  NAL  HISTORY  INFORMATION  MAINTAINED  BY THE DIVISION. IF THE APPLICANT
   13  DESIRES TO PROCEED, HE OR SHE MAY THEN COMPLETE A  SEARCH  AUTHORIZATION
   14  FORM PROVIDED BY THE DIVISION FOR THIS PURPOSE.
   15    3. (A) ALL SUCH SEARCHES CONCERNING THE APPLICATION FOR A VOLUNTEER OR
   16  PAID  POSITION AT A YOUTH SERVICES ORGANIZATION SHALL BE CONDUCTED UNDER
   17  THE PROVISIONS OF SUBDIVISION SIX OF SECTION EIGHT HUNDRED  THIRTY-SEVEN
   18  OF  THIS  ARTICLE  WITHOUT THE ASSESSMENT OF ANY FEE TO THE APPLICANT OR
   19  ORGANIZATION AND SHALL PERTAIN SOLELY TO ASCERTAINING WHETHER THE APPLI-
   20  CANT STANDS CONVICTED OF A SPECIFIED OFFENSE, AS  DEFINED  IN  PARAGRAPH
   21  (B) OF SUBDIVISION ONE OF THIS SECTION.
   22    (B) THE RESULTS OF SUCH SEARCH SHALL BE COMMUNICATED IN WRITING, WITH-
   23  IN  TEN BUSINESS DAYS OF RECEIPT OF THE REQUEST, TO THE AUTHORIZED OFFI-
   24  CIAL FROM WHOM THE SEARCH REQUEST ORIGINATED AND SHALL BE KEPT CONFIDEN-
   25  TIAL BY THE AUTHORIZED OFFICIAL EXCEPT AS PROVIDED IN PARAGRAPH  (C)  OF
   26  THIS  SUBDIVISION. THE RESULTS OF THE SEARCH SHALL NOT DIVULGE ANY OTHER
   27  INFORMATION RELATING TO THE CRIMINAL HISTORY OF THE APPLICANT.
   28    (C) AT THE TIME IT ADVISES THE APPLICANT OF THE RESULTS OF THE SEARCH,
   29  THE AUTHORIZED OFFICIAL SHALL PROVIDE A COPY OF THE  SEARCH  RESULTS  TO
   30  THE APPLICANT AND SHALL ALSO ADVISE THE APPLICANT OF THE RIGHTS TO CHAL-
   31  LENGE AND APPEAL THE INFORMATION CONTAINED IN SUCH RECORD OF CONVICTION,
   32  AS PROVIDED IN THE RULES AND REGULATIONS OF THE DIVISION.
   33    4.  WHENEVER  THERE  IS REASONABLE CAUSE TO BELIEVE THAT ANY PERSON OR
   34  GROUP OF PERSONS IS ENGAGED IN A PATTERN OR PRACTICE OF  MISUSE  OF  THE
   35  SEARCH  FOR  SPECIFIED  OFFENSE  CONVICTION  RECORDS BY A YOUTH SERVICES
   36  ORGANIZATION, THE ATTORNEY GENERAL, ANY DISTRICT ATTORNEY OR ANY  PERSON
   37  AGGRIEVED BY THE MISUSE OF SUCH SEARCH PROCEDURES IS AUTHORIZED TO BRING
   38  A CIVIL ACTION IN THE APPROPRIATE COURT REQUESTING THE REMEDIES, INCLUD-
   39  ING  THE  CIVIL PENALTIES, SET FORTH IN SUBDIVISION THREE OF SECTION ONE
   40  HUNDRED SIXTY-EIGHT-P OF THE CORRECTION  LAW.  SUCH  REMEDIES  SHALL  BE
   41  INDEPENDENT OF ANY OTHER REMEDIES OR PROCEDURES THAT MAY BE AVAILABLE TO
   42  AN AGGRIEVED PARTY UNDER OTHER PROVISIONS OF LAW.
   43    S  3.  This  act shall take effect on the ninetieth day after it shall
   44  have become a law; provided, however,  that  effective  immediately  the
   45  division  of  criminal  justice services may and hereby is authorized to
   46  promulgate any rules and regulations consistent with this act as may  be
   47  necessary to assure the effective implementation of this act.
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