senate Bill S723

2009-2010 Legislative Session

Permits access to certain conviction records by chapters of Big Brothers/Big Sisters of America, Inc.

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2010 referred to finance
Jan 14, 2009 referred to finance

S723 - Bill Details

Current Committee:
Law Section:
Executive Law

S723 - Bill Texts

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BILL NUMBER: S723

TITLE OF BILL :
An act to amend the executive law and the social services law, in
relation to permitting access to certain conviction records by
chapters of Big Brothers/Big Sisters of America, Inc.


PURPOSE :
To permit conditional and limited access to certain conviction records
of volunteer applicants to chapters of the Big Brothers/Big Sisters of
America, Inc.

SUMMARY OF PROVISIONS :
Section 1 Legislative Findings

Section 2 amends subdivision 8-a of Section 837 of the Executive Law,
to allow the Division of Criminal Justice Services to charge a fee of
up to fourteen dollars for conviction report services provided to a
Big Brothers/Big Sisters Chapter.

Section 3 adds a new section 378-b of the Social Services law to allow
New York State Chapters of Big Brothers/Big sisters access to
conviction records for prospective volunteers as long as:

* Chapters only obtain this information for prospective volunteers who
have direct contact with children;

* Only one person in the chapter is designated to review the
conviction information;

* The conviction record is kept confidential;

* Inform the prospective volunteer that he or she will be subject to a
background check and they may withdraw from the process at any time
without prejudice;

* Destroy the records after they are used;

* Require that a signed informed consent must be submitted when
requesting a conviction record along with a copy of the volunteers
fingerprints.

Section 4 establishes the effective date.

JUSTIFICATION :
This bill represents an attempt to balance the rights of individuals
against unwarranted invasion of privacy and the need for proper
screening of persons who would work closely with children in the Big
Brothers/Big Sisters program. since the purpose of Big Brothers/Big
Sisters is to encourage and develop close one-to-one relationships
between children and volunteer adults, precautions must be taken in
order to ensure, protect and maintain the integrity of the program.
The Big Brothers/Big Sisters organization has legitimate concerns
about the safety of its young participants, and the legislation would
enhance the group's present screening process and preventative
training programs.

LEGISLATIVE HISTORY :
Senate:
2007-08 - S.3862 Referred to Finance
2005-06 - S.2716 Referred to Finance
2004 - S.856-A Referred to Finance
2003 - S.856 Referred to Finance
2002 - S.4020 Referred to Finance
2001 - S.4020 Referred to Finance
2000 - S.7162 Referred to Finance
Assembly:
2004 - A.11248 Referred to Governmental Operations

FISCAL IMPLICATIONS :
None to the state.

EFFECTIVE DATE :
This act shall take effect in 120 days.
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