Bill Text: NY S02469 | 2011-2012 | General Assembly | Introduced

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Bill Title: Authorizes the review of sealed juvenile sex offense records for persons applying to become foster or adoptive parents or to be employed by licensed caregivers.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO CODES [S02469 Detail]

Download: New_York-2011-S02469-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2469
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   January 21, 2011
                                      ___________
       Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
         printed to be committed to the Committee on Codes
       AN ACT to amend the criminal procedure law, and the social services  law
         in  relation  to authorizing the review of sealed juvenile records for
         persons applying to serve as a foster or adoptive parent
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Section 720.35 of the criminal procedure law is amended by
    2  adding a new subdivision 5 to read as follows:
    3    5. NOTWITHSTANDING SUBDIVISION TWO OF THIS SECTION, WHENEVER A  PERSON
    4  IS  ADJUDICATED  A YOUTHFUL OFFENDER AND THE CONVICTION THAT WAS VACATED
    5  AND REPLACED BY THE YOUTHFUL OFFENDER FINDING WAS FOR A SEX  OFFENSE  AS
    6  THAT  TERM  IS  DEFINED  IN SECTION 120.40 OF THE PENAL LAW, ALL RECORDS
    7  PERTAINING TO THE YOUTHFUL OFFENDER ADJUDICATION SHALL  BE  INCLUDED  IN
    8  THOSE  RECORDS  AND  REPORTS THAT MAY BE OBTAINED BY THE COMMISSIONER OF
    9  THE OFFICE OF CHILDREN AND FAMILY SERVICES IN  ORDER  TO  PERFORM  BACK-
   10  GROUND  CHECKS PURSUANT TO SECTIONS THREE HUNDRED SEVENTY-EIGHT-A, THREE
   11  HUNDRED NINETY-B, AND THREE HUNDRED NINETY-E OF THE SOCIAL SERVICES LAW.
   12    S 2. Subdivision 2 of section 378-a of  the  social  services  law  is
   13  amended by adding a new paragraph (a-1) to read as follows:
   14    (A-1)  THE  CRIMINAL HISTORY RECORD CHECK REQUIRED BY THIS SUBDIVISION
   15  SHALL INCLUDE A REVIEW FOR ANY CONVICTIONS VACATED  AND  REPLACED  BY  A
   16  YOUTHFUL OFFENDER FINDING FOR A SEX OFFENSE WHICH MAY BE OBTAINED BY THE
   17  COMMISSIONER  OF  THE OFFICE OF CHILDREN AND FAMILY SERVICES PURSUANT TO
   18  SUBDIVISION 5 OF SECTION 720.35 OF THE CRIMINAL PROCEDURE LAW.
   19    S 3. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07028-01-1