S T A T E O F N E W Y O R K
________________________________________________________________________
3523--A
2011-2012 Regular Sessions
I N A S S E M B L Y
January 25, 2011
___________
Introduced by M. of A. REILLY, LATIMER, SPANO, N. RIVERA, BURLING --
Multi-Sponsored by -- M. of A. HAYES, D. MILLER, P. RIVERA -- read
once and referred to the Committee on Governmental Operations --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the executive law, the town law, the village law, the
not-for-profit corporation law and the general municipal law, in
relation to criminal background checks for firefighters and emergency
medical services personnel
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] conviction records of volunteer firefighter appli-
cants. 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 compa-
ny, 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] A CRIMINAL OFFENSE. 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 criminal justice
services.
S 2. Subdivision 3 of section 837-o of the executive law, as added by
chapter 423 of the laws of 1999, paragraph (b) as amended by section 41
of part B of chapter 56 of the laws of 2010, is amended to read as
follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05389-02-1
A. 3523--A 2
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]
A CRIMINAL 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 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 (ii) the applicant
has no record of conviction for arson. The results of the search shall
not divulge any other information relating to the criminal history of
the applicant.]
(c) UPON CONDUCTING A REVIEW OF THE DIVISION OF CRIMINAL JUSTICE
SERVICES RECORDS, THE CHIEF SHALL MAKE A DETERMINATION AS TO WHETHER THE
APPLICANT IS ELIGIBLE TO BE ELECTED OR APPOINTED AS A VOLUNTEER MEMBER
OF A FIRE COMPANY. A CONVICTION OF ARSON IN ANY DEGREE, A FELONY SEX
OFFENSE OR THE MISDEMEANORS OF SEXUAL MISCONDUCT, FORCIBLE TOUCHING OR
SEXUAL ABUSE IN THE SECOND DEGREE SHALL RESULT IN AN IMMEDIATE DISQUALI-
FICATION AS A MEMBER AND A CONVICTION FOR ANY OTHER CRIMINAL OFFENSE
SHALL RESULT IN A DISQUALIFICATION IF IT IS DETERMINED TO BE RELATED TO
HIS OR HER FITNESS TO SERVE AS A VOLUNTEER MEMBER OF A FIRE COMPANY
UPON, AMONG OTHER THINGS, CONSIDERATION OF THE FACTORS SET FORTH UNDER
SECTION SEVEN HUNDRED FIFTY-THREE OF THE CORRECTION LAW. At the time an
applicant is advised that he or she is ineligible for membership due to
a record of conviction [for arson], 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 16 of section 176-b of the town law, as added by
chapter 719 of the laws of 1985, is amended to read as follows:
16. A person who has been convicted of arson in any degree, A FELONY
SEX OFFENSE OR THE MISDEMEANORS OF SEXUAL MISCONDUCT, FORCIBLE TOUCHING
OR SEXUAL ABUSE IN THE SECOND DEGREE shall not be eligible to be elected
or appointed as a volunteer member of a fire company. A PERSON WHO HAS
BEEN CONVICTED OF ANY OTHER CRIMINAL OFFENSE SHALL NOT BE ELIGIBLE TO BE
ELECTED OR APPOINTED AS A VOLUNTEER MEMBER OF A FIRE COMPANY IF THE
OFFENSE IS RELATED TO HIS OR HER FITNESS TO SERVE AS A VOLUNTEER MEMBER
UPON, AMONG OTHER THINGS, CONSIDERATION OF THE FACTORS SET FORTH UNDER
SECTION SEVEN HUNDRED FIFTY-THREE OF THE CORRECTION LAW. The membership
of any volunteer member of a fire company shall immediately terminate if
he OR SHE is convicted of arson in any degree, A FELONY SEX OFFENSE OR
THE MISDEMEANORS OF SEXUAL MISCONDUCT, FORCIBLE TOUCHING OR SEXUAL ABUSE
IN THE SECOND DEGREE while a member of a fire company AND SUCH MEMBER-
SHIP SHALL BE TERMINATED IF HE OR SHE IS CONVICTED OF AN OFFENSE THAT IS
RELATED TO HIS OR HER FITNESS TO SERVE AS A VOLUNTEER MEMBER UPON, AMONG
OTHER THINGS, CONSIDERATION OF THE FACTORS SET FORTH UNDER SECTION SEVEN
HUNDRED FIFTY-THREE OF THE CORRECTION LAW.
S 4. Subdivision 17 of section 176-b of the town law, as added by
chapter 423 of the laws of 1999, is amended to read as follows:
A. 3523--A 3
17. 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] OF A CRIMINAL OFFENSE.
S 5. 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, A FELONY
SEX OFFENSE, OR THE MISDEMEANORS OF SEXUAL MISCONDUCT, FORCIBLE TOUCHING
OR SEXUAL ABUSE IN THE SECOND DEGREE shall not be eligible to be elected
or appointed as a volunteer member of a fire company. A PERSON WHO HAS
BEEN CONVICTED OF ANY OTHER CRIMINAL OFFENSE SHALL NOT BE ELIGIBLE TO BE
ELECTED OR APPOINTED AS A VOLUNTEER MEMBER OF A FIRE COMPANY IF THE
OFFENSE IS RELATED TO HIS OR HER FITNESS TO SERVE AS A VOLUNTEER MEMBER
UPON, AMONG OTHER THINGS, CONSIDERATION OF THE FACTORS SET FORTH UNDER
SECTION SEVEN HUNDRED FIFTY-THREE OF THE CORRECTION LAW. The membership
of any volunteer member of a fire company shall immediately terminate if
he OR SHE is convicted of arson in any degree, A FELONY SEX OFFENSE OR
THE MISDEMEANORS OF SEXUAL MISCONDUCT, FORCIBLE TOUCHING OR SEXUAL ABUSE
IN THE SECOND DEGREE while a member of a fire company AND SUCH MEMBER-
SHIP SHALL BE TERMINATED IF HE OR SHE IS CONVICTED OF AN OFFENSE THAT IS
RELATED TO HIS OR HER FITNESS TO SERVE AS A VOLUNTEER MEMBER UPON, AMONG
OTHER THINGS, CONSIDERATION OF THE FACTORS SET FORTH UNDER SECTION SEVEN
HUNDRED FIFTY-THREE OF THE CORRECTION LAW.
S 6. 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] OF A CRIMINAL OFFENSE.
S 7. Subparagraph 4 of paragraph (c) of section 1402 of the not-for-
profit corporation law, as added by chapter 719 of the laws of 1985, is
amended to read as follows:
(4) A person who has been convicted of arson in any degree, A FELONY
SEX OFFENSE OR THE MISDEMEANORS OF SEXUAL MISCONDUCT, FORCIBLE TOUCHING
OR SEXUAL ABUSE IN THE SECOND DEGREE shall not be eligible to be named
in the certificate of incorporation of a fire corporation, or to be
elected or appointed as a volunteer member of a fire corporation. A
PERSON WHO HAS BEEN CONVICTED OF ANY OTHER CRIMINAL OFFENSE SHALL NOT BE
ELIGIBLE TO BE NAMED IN THE CERTIFICATE OF INCORPORATION OF A FIRE
CORPORATION OR TO BE ELECTED OR APPOINTED AS A VOLUNTEER MEMBER OF A
FIRE CORPORATION IF THE OFFENSE IS RELATED TO HIS OR HER FITNESS TO
SERVE AS A VOLUNTEER MEMBER UPON, AMONG OTHER THINGS, CONSIDERATION OF
THE FACTORS SET FORTH UNDER SECTION SEVEN HUNDRED FIFTY-THREE OF THE
CORRECTION LAW. The membership of any volunteer member of a fire corpo-
ration shall immediately terminate if he OR SHE is convicted of arson in
any degree, A FELONY SEX OFFENSE OR THE MISDEMEANORS OF SEXUAL MISCON-
DUCT, FORCIBLE TOUCHING OR SEXUAL ABUSE IN THE SECOND DEGREE while a
member of a fire corporation AND SUCH MEMBERSHIP SHALL BE TERMINATED IF
HE OR SHE IS CONVICTED OF AN OFFENSE THAT IS RELATED TO HIS OR HER
FITNESS TO SERVE AS A VOLUNTEER MEMBER UPON, AMONG OTHER THINGS, CONSID-
ERATION OF THE FACTORS SET FORTH UNDER SECTION SEVEN HUNDRED FIFTY-THREE
OF THE CORRECTION LAW.
A. 3523--A 4
S 8. Subparagraph 5 of paragraph (c) of section 1402 of the not-for-
profit corporation law, as added by chapter 423 of the laws of 1999, is
amended to read as follows:
(5) 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
hundred thirty-seven-o of the executive law for a criminal history
involving a conviction [for arson] OF A CRIMINAL OFFENSE.
S 9. Section 122-b of the general municipal law is amended by adding a
new subdivision 6 to read as follows:
6. ANY MEMBER OF A VOLUNTEER AMBULANCE COMPANY OR EMERGENCY MEDICAL
SERVICE ORGANIZATION SHALL BE SUBJECT TO A CRIMINAL BACKGROUND CHECK
PURSUANT TO SECTION EIGHT HUNDRED THIRTY-SEVEN-O OF THE EXECUTIVE LAW.
THE SHERIFF OF ANY COUNTY IN WHICH SUCH EMERGENCY SERVICES ARE PROVIDED
SHALL BE RESPONSIBLE FOR RECEIVING THE SEARCH REQUESTS AND PROCESSING
THE SEARCH REQUESTS WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES WITH-
IN TEN BUSINESS DAYS OF RECEIPT FROM THE AMBULANCE OR EMERGENCY MEDICAL
SERVICES COMPANY. A PERSON WHO HAS BEEN CONVICTED OF AN OFFENSE THAT IS
RELATED TO HIS OR HER FITNESS TO SERVE AS A MEMBER OF A VOLUNTEER AMBU-
LANCE COMPANY MAY BE FOUND TO BE INELIGIBLE TO BE ELECTED OR APPOINTED
AS A VOLUNTEER MEMBER OF AN AMBULANCE COMPANY OR EMERGENCY MEDICAL
SERVICES ORGANIZATION.
S 10. This act shall take effect immediately.