S T A T E O F N E W Y O R K
________________________________________________________________________
1608
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. ZEBROWSKI, BENEDETTO, CARROZZA, JAFFEE -- Multi-
Sponsored by -- M. of A. BARRA, BOYLAND, GORDON, HOOPER, KOON, MAISEL,
REILLY, TITONE -- read once and referred to the Committee on Govern-
mental Operations
AN ACT to amend the social services law and the executive law, in
relation to permitting free of charge access to certain conviction
records by chapters 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. 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, FREE OF CHARGE,
SUBJECT TO THE FOLLOWING 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; AND
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02467-01-9
A. 1608 2
TO INSURE CONFIDENTIALITY. A PERSON WHO VIOLATES THE CONFIDENTIALITY
REQUIRED BY THIS SUBDIVISION SHALL BE GUILTY OF A CLASS E FELONY.
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;
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.
A. 1608 3
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 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. 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 gener-
al business law relating to participating in flight instruction at any
aeronautical facility, flight school or institution of higher learning
OR WHEN IT RETURNS A NEW YORK STATE CONVICTION REPORT AND/OR A FEDERAL
BUREAU OF INVESTIGATION CONVICTION REPORT THEREON AS REQUIRED BY SECTION
THREE HUNDRED SEVENTY-EIGHT-B OF THE SOCIAL SERVICES LAW.
S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.