Senate Bill S723

2009-2010 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

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

co-Sponsors

View additional co-sponsors

2009-S723 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Amd §837, Exec L; add §378-b, Soc Serv L

2009-S723 (ACTIVE) - Summary

Permits access to conviction records maintained by the division of criminal justice services of volunteers and prospective volunteers by New York state chapters of Big Brothers/Big Sisters of America, Inc., upon the consent of such volunteers and prospective volunteers; requires confidentiality in handling such records and designates breach of confidentiality as a class E felony; requires notice to volunteers and prospective volunteers of procedures to have access to such division of criminal justice services records and to verify the accuracy thereof.

2009-S723 (ACTIVE) - Sponsor Memo

                                 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.

2009-S723 (ACTIVE) - Bill Text download pdf

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

                                   723

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 14, 2009
                               ___________

Introduced  by Sens. C. JOHNSON, AUBERTINE, DIAZ, ONORATO, PARKER, SAMP-
  SON, VALESKY -- read twice and ordered printed, and when printed to be
  committed to the Committee on Finance

AN ACT to amend the executive  law  and  the  social  services  law,  in
  relation  to  permitting access to certain conviction records by chap-
  ters of Big Brothers/Big Sisters of America, Inc.

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

  Section  1. Legislative findings and intent. The legislature finds and
declares that the volunteers who are  friends  of  and  role-models  for
children  through  chapters of Big Brothers/Big Sisters of America, Inc.
provide an important and necessary service to the children of  New  York
state.  The  legislature  further finds that it is vitally important for
chapters of Big Brothers/Big Sisters of America, Inc., to screen  volun-
teers  in  order  to determine whether prospective or current volunteers
have been convicted of any crimes involving children.  In  this  manner,
the  risk  should be diminished of having persons in volunteer positions
directly interacting with children who are also persons with  a  history
of  abusing children, either physically or sexually. It is the intent of
the legislature to support the  already  extensive  volunteer  screening
process  employed  by  chapters  of Big Brothers/Big Sisters of America,
Inc., by making available, upon request, to such chapters the conviction
records of all volunteers and prospective volunteers who  have  or  will
have  any  contact  with  children through such chapters. It is also the
intent of the legislature that in providing for access to the conviction
records of volunteers or prospective volunteers who have  or  will  have
any  contact  with  children through such chapters, the legislature will
demonstrate its  support  for  the  provisions  of  the  National  Child
Protection  Act  of 1993 allowing background checks for individuals with
responsibility for the safety and well-being of children.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05834-01-9

S. 723                              2

  S 2. Subdivision 8-a of section 837 of the executive law,  as  amended
by chapter 561 of the laws of 2006, is amended to read as follows:
  8-a.  Charge a fee when, pursuant to statute or the regulations of the
division, it conducts a search  of  its  criminal  history  records  and
returns  a  report thereon in connection with an application for employ-
ment or for a license or permit OR RETURNS A NEW YORK  STATE  CONVICTION
REPORT AND/OR A FEDERAL BUREAU OF INVESTIGATION CONVICTION REPORT THERE-
ON  AS  REQUIRED  BY SECTION THREE HUNDRED SEVENTY-EIGHT-B OF THE SOCIAL
SERVICES LAW.  The division shall adopt and  may,  from  time  to  time,
amend  a  schedule  of such fees which shall be in amounts determined by
the division to be reasonably related to the  cost  of  conducting  such
searches  and returning reports thereon but, in no event, shall any such
fee exceed twenty-five dollars and  an  additional  surcharge  of  fifty
dollars.  The comptroller is hereby authorized to deposit such fees into
the general fund, provided, however, that the  monies  received  by  the
division  of  criminal  justice  services  for payment of the additional
surcharge shall be deposited in equal amounts to the general fund and to
the fingerprint identification and technology  account.  Notwithstanding
the  foregoing,  the  division  shall  not request or accept any fee for
searching its records and supplying a criminal history  report  pursuant
to  section two hundred fifty-one-b of the general business law relating
to participating in flight instruction  at  any  aeronautical  facility,
flight school or institution of higher learning.
  S  3. The social services law is amended by adding a new section 378-b
to read as follows:
  S 378-B. ACCESS TO CONVICTION RECORDS BY NEW YORK  STATE  CHAPTERS  OF
BIG  BROTHERS/BIG  SISTERS  OF AMERICA, INC.  1. ANY NEW YORK CHAPTER OF
BIG BROTHERS/BIG SISTERS OF AMERICA, INC., WHICH IS A  VOLUNTARY  ORGAN-
IZATION  ORGANIZED  UNDER THE NOT-FOR-PROFIT CORPORATION LAW, MAY OBTAIN
FROM THE DIVISION OF CRIMINAL  JUSTICE  SERVICES,  THE  NEW  YORK  STATE
CONVICTION  RECORD  OR  THE  FEDERAL  BUREAU OF INVESTIGATION CONVICTION
RECORD FOR A  VOLUNTEER OR PROSPECTIVE VOLUNTEER, SUBJECT TO THE FOLLOW-
ING RESTRICTIONS:
  A. SUCH CHAPTERS SHALL OBTAIN SUCH CONVICTION RECORD ONLY  FOR  VOLUN-
TEERS  OR  PROSPECTIVE  VOLUNTEERS WHO HAVE DIRECT CONTACT WITH CHILDREN
SERVED BY SUCH CHAPTER;
  B. SUCH CHAPTER SHALL DESIGNATE ONE INDIVIDUAL TO REQUEST, RECEIVE AND
REVIEW SUCH CONVICTION RECORD, AND ONLY  SUCH  DESIGNATED  PERSON  SHALL
HAVE  ACCESS TO SUCH RECORD. SUCH CHAPTER SHALL REGISTER SUCH DESIGNATED
INDIVIDUAL WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES;
  C. SUCH DESIGNATED AND REGISTERED  INDIVIDUAL  IN  EACH  SUCH  CHAPTER
SHALL MARK SUCH CONVICTION RECORD "CONFIDENTIAL" UPON RECEIPT, AND SHALL
MAINTAIN  AT ALL TIMES SUCH CONVICTION RECORD IN A SECURE PLACE IN ORDER
TO INSURE CONFIDENTIALITY. A PERSON  WHO  VIOLATES  THE  CONFIDENTIALITY
REQUIRED BY THIS SUBDIVISION SHALL BE GUILTY OF A CLASS E FELONY; AND
  D.  SUCH  CHAPTER SHALL PAY THE FEE DETERMINED PURSUANT TO SUBDIVISION
EIGHT-A OF SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE EXECUTIVE  LAW  FOR
THE  RECEIPT OF A NEW YORK STATE CONVICTION RECORD AND/OR THE FEE DETER-
MINED PURSUANT TO THE CHILD PROTECTION ACT OF 1993 FOR THE RECEIPT OF  A
FEDERAL BUREAU OF INVESTIGATION CONVICTION RECORD.
  2. BEFORE REQUESTING SUCH CONVICTION RECORD FROM THE DIVISION OF CRIM-
INAL JUSTICE SERVICES, SUCH CHAPTER SHALL:
  A.  INFORM ANY VOLUNTEER OR PROSPECTIVE VOLUNTEER THAT A REQUEST FOR A
CONVICTION RECORD AND A REVIEW THEREOF IS REQUIRED  IN  ORDER  FOR  SUCH
VOLUNTEER  TO  CONTINUE  IN  THE  SAME  VOLUNTEER  CAPACITY  OR FOR SUCH
PROSPECTIVE VOLUNTEER TO BE ACCEPTED BY SUCH CHAPTER;

S. 723                              3

  B. INFORM SUCH VOLUNTEER OR PROSPECTIVE  VOLUNTEER  THAT  BEFORE  SUCH
CHAPTER  MAKES  A  REQUEST  FOR  CONVICTION  RECORDS,  SUCH VOLUNTEER OR
PROSPECTIVE VOLUNTEER HAS THE RIGHT TO OBTAIN AND REVIEW HIS OR HER  OWN
CONVICTION  RECORD, PURSUANT TO THE PROCEDURES OF THE DIVISION OF CRIMI-
NAL JUSTICE SERVICES;
  C.  OBTAIN  THE  INFORMED  SIGNATURE  OF SUCH VOLUNTEER OR PROSPECTIVE
VOLUNTEER ON A  FORM  PROVIDED  BY  THE  DIVISION  OF  CRIMINAL  JUSTICE
SERVICES  WHICH  INDICATES  THAT SUCH VOLUNTEER OR PROSPECTIVE VOLUNTEER
HAS:
  I. BEEN INFORMED OF THE RIGHT TO REVIEW HIS OR HER OWN RECORDS;
  II. EXERCISED OR WAIVED SUCH RIGHT TO REVIEW HIS OR HER OWN RECORDS;
  III. BEEN INFORMED OF THE REASON FOR  SUCH  REQUEST  FOR  HIS  OR  HER
CONVICTION RECORD; AND
  IV. CONSENTED TO SUCH REQUEST; AND
  D.  OBTAIN  FINGERPRINTS FROM SUCH VOLUNTEER OR PROSPECTIVE VOLUNTEER,
PURSUANT TO THE PROCEDURES OF THE DIVISION OF CRIMINAL JUSTICE SERVICES.
  3. A PROSPECTIVE VOLUNTEER MAY WITHDRAW FROM THE APPLICATION  PROCESS,
WHETHER  OR NOT HE OR SHE HAS HAD ACCESS TO HIS OR HER CONVICTION RECORD
AND WHETHER OR NOT SUCH RECORD HAS BEEN RECEIVED BY SUCH CHAPTER,  WITH-
OUT  PREJUDICE.  IF  THE CONVICTION RECORD OF SUCH PROSPECTIVE VOLUNTEER
HAS BEEN RECEIVED BY SUCH CHAPTER, THE PERSON DESIGNATED BY SUCH CHAPTER
TO HAVE ACCESS TO CONVICTION RECORDS SHALL DESTROY SUCH RECORD.
  4. THE CONVICTION RECORD OF A VOLUNTEER  SHALL  BE  DESTROYED  BY  THE
PERSON  DESIGNATED  BY SUCH CHAPTER TO HAVE ACCESS TO CONVICTION RECORDS
WHEN SUCH VOLUNTEER NO LONGER HAS DIRECT CONTACT WITH CHILDREN SERVED BY
SUCH CHAPTER.
  5. THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL PROVIDE A  RESPONSE
TO  A  NEW YORK STATE CHAPTER OF BIG BROTHERS/BIG SISTERS WITHIN FIFTEEN
BUSINESS DAYS OF THE RECEIPT OF ANY REQUEST BY SUCH CHAPTER  FOR  A  NEW
YORK  STATE  CONVICTION  RECORD  AND/OR  FEDERAL BUREAU OF INVESTIGATION
CONVICTION RECORD IF:
  A. SUCH REQUEST IS MADE BY SUCH CHAPTER'S DESIGNATED INDIVIDUAL WHO IS
REGISTERED WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES;
  B. SUCH REQUEST IS ACCOMPANIED BY A FORM SIGNED BY  THE  VOLUNTEER  OR
PROSPECTIVE VOLUNTEER, WHO IS THE SUBJECT OF SUCH REQUEST, CONSENTING TO
THE PROVISION OF SUCH RECORD; AND
  C.  SUCH  REQUEST  IS  ACCOMPANIED  BY  THE VOLUNTEER'S OR PROSPECTIVE
VOLUNTEER'S FINGERPRINTS, OBTAINED PURSUANT TO  THE  PROCEDURES  OF  THE
DIVISION OF CRIMINAL JUSTICE SERVICES.
  6. THE COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL
PROMULGATE   THE  RULES  AND  REGULATIONS  NECESSARY  TO  IMPLEMENT  THE
PROVISIONS OF THIS SECTION INCLUDING, BUT  NOT  LIMITED  TO,  RULES  AND
REGULATIONS  PROVIDING  FOR  A  HEARING  FOR  A VOLUNTEER OR PROSPECTIVE
VOLUNTEER BEFORE REPRESENTATIVES OF SUCH  DIVISION  AND  THE  OFFICE  OF
CHILDREN  AND  FAMILY SERVICES FOR PURPOSES OF VERIFYING THE ACCURACY OF
HIS OR HER CONVICTION RECORD AND FOR ACCESS BY SUCH PERSONS TO PERTINENT
DOCUMENTS RELATED THERETO.
  7. FOR PURPOSES OF THIS SECTION, "CONVICTION RECORD"  SHALL  MEAN  ANY
RECORD  MAINTAINED  BY  THE DIVISION OF CRIMINAL JUSTICE SERVICES OR THE
FEDERAL BUREAU OF INVESTIGATION OF CONVICTIONS OF A CRIME  IN  VIOLATION
OF THE PENAL LAW OF THIS OR ANY OTHER STATE.
  S 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Find your Senator and share your views on important issues.

Do you support this bill?

Senate Bill S723

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

Actions

co-Sponsors

2009-S723 (ACTIVE) - Details

2009-S723 (ACTIVE) - Summary

2009-S723 (ACTIVE) - Sponsor Memo

2009-S723 (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2009-S723

Senate Bill S723

Share this bill

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

Actions

co-Sponsors

2009-S723 (ACTIVE) - Details

2009-S723 (ACTIVE) - Summary

2009-S723 (ACTIVE) - Sponsor Memo

2009-S723 (ACTIVE) - Bill Text download pdf

Comments