Assembly Bill A9356

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

                                  9356

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 6, 2010
                               ___________

Introduced by M. of A. GABRYSZAK -- Multi-Sponsored by -- M. of A. WALK-
  ER -- read once and referred to the Committee on Codes

AN ACT to amend the executive law, the village law, the town law and the
  not-for-profit  corporation  law,  in  relation  to  searches  for sex
  offense convictions for firefighters

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

  Section  1.  The section heading and subdivision 1 of section 837-o of
the executive law, as added by chapter 423 of  the  laws  of  1999,  are
amended to read as follows:
  Search for arson AND SEX OFFENSE conviction records of volunteer fire-
fighter  applicants.  1. Any person who applies for membership in a fire
company, as such term is defined in section three of the volunteer fire-
fighters' 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  OF  ANY  SEX  OFFENSE  OR
ATTEMPTED SEX OFFENSE AS THOSE TERMS ARE DEFINED IN SUBDIVISIONS TWO AND
THREE  OF  SECTION  ONE HUNDRED SIXTY-EIGHT-A 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 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 crimi-
nal justice services.
  S 2. Paragraphs (a), (b) and (c) of subdivision 3 of section 837-o  of
the executive law, paragraphs (a) and (c) as added by chapter 423 of the
laws  of 1999 and paragraph (b) as amended by chapter 689 of the laws of
2002, are amended to read as follows:
  (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  assess-
ment of any fee to the applicant or fire company and shall pertain sole-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD15163-01-9

A. 9356                             2

ly to ascertaining whether the applicant stands convicted of arson OR OF
A SEX OFFENSE OR ATTEMPTED SEX OFFENSE.
  (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  department  of state, 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 OR A
SEX  OFFENSE  OR  AN ATTEMPTED SEX OFFENSE, or (ii) the applicant has no
record of conviction for arson OR FOR A SEX OFFENSE OR FOR AN  ATTEMPTED
SEX  OFFENSE.    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 OR FOR A SEX
OFFENSE OR FOR AN ATTEMPTED SEX OFFENSE, 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 regulations of the
division. The applicant shall continue  to  be  barred  from  membership
until all administrative and judicial challenges to the accuracy of such
information  or appeals therefrom, are ultimately resolved in his or her
favor, or if such a determination is unchallenged.
  S 3. Subdivision 18 of section 10-1006 of the village law, as added by
chapter 719 of the laws of 1985, is amended to read as follows:
  18. A person who has been convicted of arson in any degree OR OF A SEX
OFFENSE OR ATTEMPTED SEX OFFENSE AS THAT TERM IS DEFINED IN SUBDIVISIONS
TWO AND THREE OF SECTION ONE HUNDRED SIXTY-EIGHT-A OF THE CORRECTION LAW
shall not be eligible to be elected or appointed as a  volunteer  member
of  a  fire  company.  The  membership of any volunteer member of a fire
company shall immediately terminate if he is OR HAS  BEEN  convicted  of
arson  in any degree [while a member of a fire company] OR A SEX OFFENSE
OR AN ATTEMPTED SEX OFFENSE AS THOSE TERMS ARE DEFINED  IN  SUBDIVISIONS
TWO  AND  THREE  OF  SECTION ONE HUNDRED SIXTY-EIGHT-A OF THE CORRECTION
LAW.
  S 4. 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 FOR ANY SEX OFFENSE OR ATTEMPTED SEX OFFENSE AS
THOSE TERMS ARE DEFINED IN SUBDIVISIONS TWO AND  THREE  OF  SECTION  ONE
HUNDRED SIXTY-EIGHT-A OF THE CORRECTION LAW.
  S 5. Section 176-b of the town law is amended by adding a new subdivi-
sion 18 to read as follows:
  18.  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 OF ANY SEX OFFENSE OR ATTEMPTED SEX OFFENSE.
  S  6.  Paragraph (c) of section 1402 of the not-for-profit corporation
law is amended by adding a new subparagraph 6 to read as follows:
  (6) 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

A. 9356                             3

HUNDRED  THIRTY-SEVEN-O  OF  THE  EXECUTIVE  LAW  FOR A CRIMINAL HISTORY
INVOLVING A CONVICTION OF ANY SEX OFFENSE OR ATTEMPTED SEX OFFENSE.
  S 7. This act shall take effect on the one hundred eightieth day after
it  shall  have become a law and shall apply to convictions entered into
on or after such effective date; provided, however, that effective imme-
diately, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective  date  are
authorized  and  directed  to  be  made and completed by the division of
criminal justice services and the department of state on or before  such
effective date.