STATE OF NEW YORK
________________________________________________________________________
6424
2019-2020 Regular Sessions
IN ASSEMBLY
March 7, 2019
___________
Introduced by M. of A. CRESPO -- read once and referred to the Committee
on Correction
AN ACT to amend part J of chapter 62 of the laws of 2003, amending the
county law and other laws relating to assigned counsel, in relation to
providing for the reimbursement of not-for-profit corporations for
fees collected for criminal history searches by the office of court
administration
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 14 of part J of chapter 62 of the laws of 2003
2 amending the county law and other laws relating to assigned counsel, as
3 amended by section 7 of part K of chapter 56 of the laws of 2010, is
4 amended to read as follows:
5 § 14. Notwithstanding the provisions of any other law: (a) the fee
6 collected by the office of court administration for the provision of
7 criminal history searches and other searches for data kept electron-
8 ically by the unified court system shall be sixty-five dollars; (b)
9 thirty-five dollars of each such fee collected shall be deposited in the
10 indigent legal services fund established by section 98-b of the state
11 finance law, as added by section twelve of this act, (c) nine dollars of
12 each such fee collected shall be deposited in the legal services assist-
13 ance fund established by section 98-c of the state finance law, as added
14 by section nineteen of this act, (d) sixteen dollars of each such fee
15 collected shall be deposited to the judiciary data processing offset
16 fund established by section 94-b of the state finance law, and (e) the
17 remainder shall be deposited in the general fund[.]; (f) provided,
18 however, if a criminal history search or other searches for data kept
19 electronically by the unified court system is being requested by or on
20 the behalf of a not-for-profit corporation, to perform a criminal histo-
21 ry search on an individual that would be working with children under the
22 age of eighteen, the office of court administration shall, subject to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10286-01-9
A. 6424 2
1 the approval of the director of the budget, establish protocols to reim-
2 burse the not-for-profit corporation for searches conducted, such
3 reimbursement shall come from the general fund. The division of budget
4 shall also promulgate regulations to prevent not-for-profit corporations
5 from over utilizing this reimbursement mechanism and to assure that all
6 reimbursed search fees are used for criminal history searches of posi-
7 tions that would have direct interaction with children.
8 § 2. This act shall take effect immediately.