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A05544 Summary:

BILL NOA05544
 
SAME ASNo Same As
 
SPONSORJackson
 
COSPNSR
 
MLTSPNSR
 
Add §378-b, Soc Serv L
 
Provides for a sex offender registry check for youth organization volunteers who have direct contact with youths under the age of 18.
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A05544 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5544
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 14, 2025
                                       ___________
 
        Introduced  by M. of A. JACKSON -- read once and referred to the Commit-
          tee on Correction
 
        AN ACT to amend the social services law, in  relation  to  sex  offender
          registry checks for youth organization volunteers
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The social services law is amended by adding a new  section
     2  378-b to read as follows:
     3    §  378-b.  Sex  offender registry checks for youth organization volun-
     4  teers.  1. As used in this section:
     5    (a) "Youth organization" means any  public or private  agency,  organ-
     6  ization,  association or group organized and functioning, in whole or in
     7  part, for the purpose of    providing  youth  with  the  opportunity  to
     8  participate  in  supervised  activities,  including  but  not limited to
     9  sporting, recreational, educational or  religious  activities.  As  used
    10  herein, "youth organization" shall include only those organizations that
    11  use  volunteers  to  supervise  youth and exclude institutions which are
    12  sanctioned by the state  education  department  to  provide  educational
    13  instruction to youth.
    14    (b) "Youth" means a person under the age of eighteen.
    15    2. (a) Before any person is permitted to volunteer their services with
    16  a  youth  organization  where  such  person  is  expected to have direct
    17  contact with youth, such youth organization must, by use of the  special
    18  telephone  number described in section one hundred sixty-eight-p  of the
    19  correction law, request that an inquiry be made  of  the  statewide  sex
    20  offender  registry operated by the division of criminal justice services
    21  to determine whether the prospective volunteer is listed in the registry
    22  as a person who must register as a sex offender or  a  sexually  violent
    23  predator under article six-C of the correction law.
    24    (b) No later than January first, two thousand twenty-six, youth organ-
    25  izations shall cause to be conducted the statewide sex offender registry
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07498-01-5

        A. 5544                             2
 
     1  inquiry  described  in  paragraph (a) of this subdivision for all active
     2  volunteers of such organization where such volunteer has direct  contact
     3  with  youth.  Any  subsequent  statewide sex offender registry inquiries
     4  initiated  by such youth organization shall be made at the discretion of
     5  the youth organization.
     6    3. A youth organization, prior to initiating the statewide sex  offen-
     7  der  registry inquiry described in paragraphs (a) and (b) of subdivision
     8  two of this section, shall inform the volunteer  or  person  seeking  to
     9  volunteer  their services that such inquiry will be performed. The youth
    10  organization shall provide the volunteer or  prospective  volunteer  the
    11  opportunity  to  cease  such  volunteer  services before such inquiry is
    12  initiated.
    13    4. A youth organization  is  prohibited  from  permitting  any  person
    14  determined  to be listed in the statewide sex offender registry pursuant
    15  to paragraphs (a) and (b) of subdivision two of this section  to  volun-
    16  teer  their  services with such organization where such person has or is
    17  expected to have direct contact with youth.
    18    5. The provisions  of  article  six-C  of  the  correction  law  which
    19  restrict  the  use  and  dissemination  of information obtained from the
    20  statewide sex offender registry shall apply to youth organizations.
    21    6. A willful violation of any of the provisions of this section  shall
    22  subject  such  organization  to  a  civil  penalty  of not more than one
    23  hundred dollars provided, however,  that  for  a  second  or  subsequent
    24  violation the commissioner of the office of children and family services
    25  may impose a civil penalty of not more than two hundred dollars.
    26    § 2. This act shall take effect immediately.
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