senate Bill S1885C

Signed by Governor

Prohibits people registered under the sex offender registration act from being a volunteer firefighter

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO LOCAL GOVERNMENT
  • 14 / Feb / 2013
    • AMEND AND RECOMMIT TO LOCAL GOVERNMENT
  • 14 / Feb / 2013
    • PRINT NUMBER 1885A
  • 29 / May / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 29 / May / 2013
    • ORDERED TO THIRD READING CAL.805
  • 30 / May / 2013
    • PASSED SENATE
  • 30 / May / 2013
    • DELIVERED TO ASSEMBLY
  • 30 / May / 2013
    • REFERRED TO GOVERNMENTAL OPERATIONS
  • 17 / Jun / 2013
    • RECALLED FROM ASSEMBLY
  • 17 / Jun / 2013
    • RETURNED TO SENATE
  • 17 / Jun / 2013
    • VOTE RECONSIDERED - RESTORED TO THIRD READING
  • 17 / Jun / 2013
    • AMENDED ON THIRD READING 1885B
  • 20 / Jun / 2013
    • REPASSED SENATE
  • 20 / Jun / 2013
    • RETURNED TO ASSEMBLY
  • 20 / Jun / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO LOCAL GOVERNMENT
  • 09 / Jun / 2014
    • AMEND AND RECOMMIT TO LOCAL GOVERNMENT
  • 09 / Jun / 2014
    • PRINT NUMBER 1885C
  • 16 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 16 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1376
  • 16 / Jun / 2014
    • PASSED SENATE
  • 16 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 16 / Jun / 2014
    • REFERRED TO CODES
  • 16 / Jun / 2014
    • SUBSTITUTED FOR A2318D
  • 16 / Jun / 2014
    • ORDERED TO THIRD READING RULES CAL.121
  • 16 / Jun / 2014
    • PASSED ASSEMBLY
  • 16 / Jun / 2014
    • RETURNED TO SENATE
  • 31 / Jul / 2014
    • DELIVERED TO GOVERNOR
  • 04 / Aug / 2014
    • SIGNED CHAP.198

Summary

Prohibits people registered under the sex offender registration act from being a volunteer firefighter; provides that a conviction that requires registration under the sex offender registration act shall result in an immediate disqualification as a member.

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Bill Details

See Assembly Version of this Bill:
A2318D
Versions:
S1885
S1885A
S1885B
S1885C
Legislative Cycle:
2013-2014
Law Section:
Town Law
Laws Affected:
Amd §837-o, Exec L; amd §176-b, Town L; amd §10-1006, Vil L; amd §1402, N-PC L
Versions Introduced in Previous Legislative Cycles:
2011-2012: A3523B, S4931B, A3523B
2009-2010: A1277, S3658, A1277
2007-2008: A5721, A5721

Sponsor Memo

BILL NUMBER:S1885C

TITLE OF BILL: An act to amend the town law, the village law and the
not-for-profit corporation law, in relation to qualifications to serve
as a volunteer firefighter

PURPOSE OR GENERAL IDEA OF BILL:

This bill would require prospective volunteer firefighters to
authorize a background check for sex offense convictions if the
individual wishes to proceed with his or her application. The bill
would also allow individual fire companies to determine if the
prospective volunteer shall be eligible to become a volunteer member
of such fire company if a sex offense is found.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends subdivisions 1 and 3 of section 837-o of the
executive law to require prospective volunteer firefighters to
authorize the Division of Criminal Justice Services (DCJS) to search
for previous sex offenses, and delineates the prospective volunteer's
right to appeal the information contained in the record of conviction.

Sections 2-4: Amend the town law, village law and not-for-profit
corporation law to authorize a fire company to determine whether an
individual should be eligible to become a volunteer member of such
company if his or her criminal history information indicates a
previous sex offense.

Section 5: Effective date.

JUSTIFICATION:

Volunteer fire departments should have the ability to keep convicted
sex offenders from becoming volunteers. Because of the nature of the
job volunteer firefighters are often in situations where children and
families are present and most vulnerable due to a fire or medical
emergency. Volunteer firefighters frequently participate in community
and school activities in which children are present that would give
sex offenders unique access to children. In addition, municipalities
with volunteer fire departments should not be exposed to potential
lawsuits that could come about because of an incident involving a
volunteer with a past sexual offender conviction. This bill would
allow departments to screen current volunteers for sexual offense
convictions and authorizes the termination of any current volunteer
with a conviction for sexual offenses.

This legislation has been introduced at the request of, and is
supported by, the Fireman's Association of the State of New York.

PRIOR LEGISLATIVE HISTORY:

S.1885-B of 2013: Passed Senate, Died in Assembly Codes
S.4931-B of 2012: Passed Senate, Died in Assembly Government
Operations
S.4931-A of 2011: Died in Senate Codes, Died in Assembly Government
Operations


S.3658 of 2010: Died in Senate Finance, Died in Assembly Government
Operations
S.3658 of 2009: Died in Senate Codes, Died in Assembly Government
Operations
S.7007 of 2008: Died in Senate Finance
A.5721 of 2007: Died in Assembly Government Operations

FISCAL IMPLICATIONS:

None, the background checks already occur for arson convictions, this
bill expands the checks to include convictions for other offenses.

EFFECTIVE DATE:

This act shall take effect on the one hundred twentieth day after it
shall have become a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1885--C

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  BONACIC,  CARLUCCI,  FLANAGAN,  GRISANTI, LARKIN,
  LIBOUS, MARCHIONE, MARTINS, MAZIARZ, O'BRIEN, VALESKY  --  read  twice
  and ordered printed, and when printed to be committed to the Committee
  on  Local  Government  --  committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said  committee  --  committee
  discharged  and  said  bill  committed  to  the  Committee on Rules --
  reported favorably from said committee, ordered to  a  third  reading,
  passed  by Senate and delivered to the Assembly, recalled, vote recon-
  sidered, restored to third reading,  amended  and  ordered  reprinted,
  retaining  its  place  in the order of third reading -- recommitted to
  the Committee on Local Government in accordance with  Senate  Rule  6,
  sec.  8  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the town law, the village  law  and  the  not-for-profit
  corporation law, in relation to qualifications to serve as a volunteer
  firefighter

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 837-o of the executive law, as added by chapter 423
of the laws of 1999, subdivision 2 and paragraph (b) of subdivision 3 as
amended by section 41 of part B of chapter 56 of the laws  of  2010,  is
amended to read as follows:
  S 837-o. Search for arson AND SEX OFFENSE conviction records of volun-
teer firefighter applicants. 1. Any person who applies for membership in
a  fire  company, as such term is defined in section three of the volun-
teer firefighters' benefit law, or who seeks to transfer as a member  to
another  fire  company, shall be required to authorize the submission of
his or her name and other  authorized  identifying  information  to  the
division which shall search its files for records indicating whether the
person  stands convicted of the crime of arson OR A CRIME WHICH REQUIRES
THE PERSON TO REGISTER AS A SEX OFFENDER  UNDER  ARTICLE  SIX-C  OF  THE
CORRECTION  LAW.  The  chief of the fire company to which application is
made shall provide written notice to the applicant that a search will be

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04572-13-4

S. 1885--C                          2

conducted, and if the applicant desires to  proceed,  he  or  she  shall
complete  a  search request on the form provided for this purpose by the
division of criminal justice services.
  2.  Within  ten business days of receipt from the applicant, the chief
of the fire company shall send the  completed  search  request  form  to
either  (i)  the  sheriff's  department  of the county in which the fire
company is located, or (ii) the office of fire prevention  and  control,
as follows:
  (a)  the  sheriff's department of the county in which the fire company
is located shall be responsible for receiving the  search  requests  and
processing  the  search  requests  with the division within ten business
days of receipt from the chief of the fire company,  unless  the  county
legislative body adopts and files with the office of fire prevention and
control  pursuant  to  the municipal home rule law a local law providing
that the sheriff's department shall not have such responsibility;
  (b) in all other instances where a county legislative body has adopted
a local law pursuant to paragraph (a) of this subdivision, the office of
fire prevention and control shall be responsible  for  receiving  search
requests and forwarding the search requests to the division.
The office of fire prevention and control is hereby authorized to estab-
lish  a  communication  network  with  the  division  for the purpose of
forwarding search requests and  receiving  search  results  pursuant  to
paragraph (b) of this subdivision.
  3.  (a)  All  searches  concerning the application for membership in a
fire company shall be conducted under the provisions of subdivision  six
of  section  eight  hundred  thirty-seven  of  this  article without the
assessment of any fee to the applicant or fire company and shall pertain
solely to ascertaining whether the applicant stands convicted  of  arson
OR A CRIME WHICH REQUIRES THE PERSON TO REGISTER AS A SEX OFFENDER UNDER
ARTICLE SIX-C OF THE CORRECTION LAW.
  (b) The results of the search shall be communicated in writing, within
ten business days of receipt from the division, to the chief of the fire
company from which the search request originated by either the sheriff's
department  or  the  office of fire prevention and control, and shall be
kept confidential by the chief, except as provided in paragraph  (c)  of
this  subdivision.  The  results  of  the search shall only state either
that: (i) the applicant stands convicted of arson AND/OR A  CRIME  WHICH
REQUIRES THE PERSON TO REGISTER AS A SEX OFFENDER UNDER ARTICLE SIX-C OF
THE  CORRECTION  LAW,  or (ii) the applicant has no record of conviction
for arson OR A CRIME WHICH REQUIRES THE PERSON  TO  REGISTER  AS  A  SEX
OFFENDER  UNDER  ARTICLE SIX-C OF THE CORRECTION LAW. The results of the
search shall not divulge any other information relating to the  criminal
history of the applicant.
  (c)  At  the time an applicant is advised that he or she is ineligible
for membership due to a record of conviction for arson, he or she  shall
also  be  advised  of the rights to challenge and appeal the information
contained in the record of conviction as provided in the rules and regu-
lations of the division. The applicant shall continue to be barred  from
membership until all administrative and judicial challenges to the accu-
racy  of  such information or appeals therefrom, are ultimately resolved
in his or her favor, or if such a determination is unchallenged.
  (D) IF A PERSON IS DENIED  ELECTION  OR  APPOINTMENT  AS  A  VOLUNTEER
MEMBER  OF  A FIRE COMPANY BASED IN WHOLE OR IN PART ON THE FACT THAT HE
OR SHE STANDS CONVICTED OF A CRIME WHICH REQUIRES THE PERSON TO REGISTER
AS A SEX OFFENDER UNDER ARTICLE SIX-C OF THE CORRECTION LAW, HE  OR  SHE
SHALL  BE  ADVISED  BY  THE  FIRE COMPANY OF THE RIGHTS TO CHALLENGE AND

S. 1885--C                          3

APPEAL THE INFORMATION CONTAINED IN THE RECORD OF CONVICTION AS PROVIDED
IN THE RULES AND REGULATIONS OF THE DIVISION, AND PROVIDED BY  THE  FIRE
COMPANY  WITH A COPY OF THE CRIMINAL HISTORY RECORD RECEIVED BY THE FIRE
COMPANY  AND  WITH  A COPY OF SECTIONS SEVEN HUNDRED FIFTY-TWO AND SEVEN
HUNDRED FIFTY-THREE OF THE CORRECTION LAW.
  S 2. Subdivision 17 of section 176-b of the  town  law,  as  added  by
chapter 423 of the laws of 1999, is amended to read as follows:
  17.  Upon  application  by any person for membership in a fire company
operating pursuant to this section,  the  fire  chief  shall  cause  the
applicant's  background  to be checked pursuant to section eight hundred
thirty-seven-o of the executive law for a criminal history  involving  a
conviction for arson AND CONVICTION OF A CRIME WHICH REQUIRES THE PERSON
TO REGISTER AS A SEX OFFENDER UNDER ARTICLE SIX-C OF THE CORRECTION LAW.
WHERE  SUCH  CRIMINAL HISTORY INFORMATION INCLUDES CONVICTION OF A CRIME
WHICH REQUIRES THE PERSON TO REGISTER AS A SEX  OFFENDER  UNDER  ARTICLE
SIX-C  OF  THE CORRECTION LAW, A FIRE COMPANY SHALL DETERMINE WHETHER OR
NOT SUCH PERSON SHALL BE ELIGIBLE TO BE ELECTED OR APPOINTED AS A VOLUN-
TEER MEMBER OF SUCH FIRE COMPANY. SUCH DETERMINATION SHALL  BE  MADE  IN
ACCORDANCE  WITH  THE  CRITERIA  ESTABLISHED  IN  SECTIONS SEVEN HUNDRED
FIFTY-TWO AND SEVEN HUNDRED FIFTY-THREE OF THE CORRECTION LAW.
  S 3. Subdivision 19 of section 10-1006 of the village law, as added by
chapter 423 of the laws of 1999, is amended to read as follows:
  19. Upon application by any person for membership in  a  fire  company
operating  pursuant  to  this  section,  the  fire chief shall cause the
applicant's background to be checked pursuant to section  eight  hundred
thirty-seven-o  of  the executive law for a criminal history involving a
conviction for arson AND CONVICTION OF A CRIME WHICH REQUIRES THE PERSON
TO REGISTER AS A SEX OFFENDER UNDER ARTICLE SIX-C OF THE CORRECTION LAW.
WHERE SUCH CRIMINAL HISTORY INFORMATION INCLUDES CONVICTION OF  A  CRIME
WHICH  REQUIRES  THE  PERSON TO REGISTER AS A SEX OFFENDER UNDER ARTICLE
SIX-C OF THE CORRECTION LAW, A FIRE COMPANY SHALL DETERMINE  WHETHER  OR
NOT SUCH PERSON SHALL BE ELIGIBLE TO BE ELECTED OR APPOINTED AS A VOLUN-
TEER  MEMBER  OF  SUCH FIRE COMPANY. SUCH DETERMINATION SHALL BE MADE IN
ACCORDANCE WITH THE  CRITERIA  ESTABLISHED  IN  SECTIONS  SEVEN  HUNDRED
FIFTY-TWO AND SEVEN HUNDRED FIFTY-THREE OF THE CORRECTION LAW.
  S  4.  Subparagraph 5 of paragraph (c) of section 1402 of the not-for-
profit corporation law, as added by chapter 423 of the laws of 1999,  is
amended to read as follows:
  (5)  Upon  application  by  any person for membership in a fire corpo-
ration operating pursuant to this section, the fire  chief  shall  cause
the  applicant's  background  to  be  checked  pursuant to section eight
hundred thirty-seven-o of the  executive  law  for  a  criminal  history
involving  a  conviction  for  arson  AND  CONVICTION  OF  A CRIME WHICH
REQUIRES THE PERSON TO REGISTER AS A SEX OFFENDER UNDER ARTICLE SIX-C OF
THE CORRECTION LAW. WHERE SUCH  CRIMINAL  HISTORY  INFORMATION  INCLUDES
CONVICTION  OF  A  CRIME  WHICH REQUIRES THE PERSON TO REGISTER AS A SEX
OFFENDER UNDER ARTICLE SIX-C OF THE CORRECTION LAW, A FIRE COMPANY SHALL
DETERMINE WHETHER OR NOT SUCH PERSON SHALL BE ELIGIBLE TO BE ELECTED  OR
APPOINTED AS A VOLUNTEER MEMBER OF SUCH FIRE COMPANY. SUCH DETERMINATION
SHALL  BE  MADE  IN ACCORDANCE WITH THE CRITERIA ESTABLISHED IN SECTIONS
SEVEN HUNDRED FIFTY-TWO AND SEVEN HUNDRED FIFTY-THREE OF THE  CORRECTION
LAW.
  S 5. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

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