S T A T E   O F   N E W   Y O R K
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                                  5147

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen.  C. JOHNSON  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Finance

AN ACT to amend the executive  law,  in  relation  to  including  felony
  convictions  in  background checks for persons applying for membership
  in a fire company

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

  Section  1.  The  section  heading and subdivisions 1 and 3 of section
837-o of the executive law, as added by chapter 423 of the laws of 1999,
paragraph (b) of subdivision 3 as amended by chapter 689 of the laws  of
2002, are amended to read as follows:
  Search  for  arson OR ANY OTHER FELONY conviction records of volunteer
firefighter applicants. 1. Any person who applies for  membership  in  a
fire  company, as such term is defined in section three of the volunteer
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 ANY OTHER FELONY. 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.
  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 ANY OTHER FELONY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11628-01-9

              

S. 5147                             2

  (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
ANY  OTHER FELONY, or (ii) the applicant has no record of conviction for
arson OR ANY OTHER FELONY. 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  ANY  OTHER
FELONY,  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 judi-
cial  challenges  to  the accuracy of such information or appeals there-
from, are ultimately resolved in his or her favor, or if such a determi-
nation is unchallenged.
  S 2. This act shall take effect immediately.