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.
STATE OF NEW YORK
________________________________________________________________________
6276
2011-2012 Regular Sessions
IN ASSEMBLY
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 § 2. The executive law is amended by adding a new section 837-s to
14 read as follows:
15 § 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 § 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.
