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

                                  6276

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 11, 2011
                               ___________

Introduced by M. of A. HEVESI -- read once and referred to the Committee
  on Correction

AN ACT to amend the correction law and the executive law, in relation to
  search of certain conviction records

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

  Section 1. Paragraph (c) of subdivision 2-a of section  168-p  of  the
correction  law, as added by chapter 361 of the laws of 2004, is amended
to read as follows:
  (c) For purposes of this subdivision AND SECTION EIGHT  HUNDRED  THIR-
TY-SEVEN-S  OF  THE  EXECUTIVE  LAW, "youth services organization" shall
mean a formalized program operated by a corporation pursuant to subpara-
graph five of paragraph (a) of section one hundred two of  the  not-for-
profit corporation law that functions primarily to: (a) provide children
the  opportunity to participate in adult-supervised sporting activities;
or (b) match children or groups of children with  adult  volunteers  for
the  purpose  of providing children with positive role models to enhance
their development.
  S 2. The executive law is amended by adding a  new  section  837-s  to
read as follows:
  S  837-S. SEARCH OF CERTAIN CONVICTION RECORDS BY SPECIFIED NON-PROFIT
AND NOT-FOR-PROFIT YOUTH SERVICES ORGANIZATIONS.  1.    DEFINITIONS.  AS
USED IN THIS SECTION:
  (A)  "AUTHORIZED  OFFICIAL"  MEANS  ONE  PERSON, DESIGNATED BY A YOUTH
SERVICES ORGANIZATION IN A WRITTEN NOTIFICATION FILED WITH THE DIVISION,
WHO HAS ACCESS TO AND RESPONSIBILITY FOR MAINTAINING THE CONFIDENTIALITY
OF CRIMINAL HISTORY INFORMATION PROVIDED PURSUANT TO THIS SECTION.
  (B) "SPECIFIED OFFENSE" MEANS CONVICTION FOR A CRIME DEFINED AS A "SEX
OFFENSE" PURSUANT TO PARAGRAPHS (A), (B), (C) OR (E) OF SUBDIVISION  TWO
OR A "SEXUALLY VIOLENT OFFENSE" PURSUANT TO PARAGRAPH (A) OF SUBDIVISION
THREE OF SECTION ONE HUNDRED SIXTY-EIGHT-A OF THE CORRECTION LAW.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09669-03-1
              

A. 6276                             2

  (C)  "YOUTH  SERVICES ORGANIZATION" SHALL HAVE THE SAME MEANING AS SET
FORTH IN PARAGRAPH (C) OF  SUBDIVISION  TWO-A  OF  SECTION  ONE  HUNDRED
SIXTY-EIGHT-P OF THE CORRECTION LAW.
  2.  ANY  PERSON  WHO APPLIES FOR A VOLUNTEER OR PAID POSITION WITH ANY
YOUTH SERVICES ORGANIZATION MAY BE  REQUIRED  BY  SUCH  ORGANIZATION  TO
AUTHORIZE THE SUBMISSION OF HIS OR HER NAME AND OTHER AUTHORIZED IDENTI-
FYING  INFORMATION TO THE DIVISION WHICH, UPON REQUEST OF SUCH ORGANIZA-
TION, SHALL SEARCH ITS FILES FOR RECORDS INDICATING WHETHER  THE  PERSON
STANDS  CONVICTED  OF A SPECIFIED OFFENSE. WHEN REQUESTING SUCH AUTHORI-
ZATION, THE AUTHORIZED OFFICIAL OF SUCH AN  ORGANIZATION  SHALL  PROVIDE
WRITTEN NOTICE TO THE APPLICANT THAT A SEARCH MAY BE CONDUCTED OF CRIMI-
NAL  HISTORY  INFORMATION  MAINTAINED  BY THE DIVISION. IF THE APPLICANT
DESIRES TO PROCEED, HE OR SHE MAY THEN COMPLETE A  SEARCH  AUTHORIZATION
FORM PROVIDED BY THE DIVISION FOR THIS PURPOSE.
  3. (A) ALL SUCH SEARCHES CONCERNING THE APPLICATION FOR A VOLUNTEER OR
PAID  POSITION AT A YOUTH SERVICES ORGANIZATION 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
ORGANIZATION AND SHALL PERTAIN SOLELY TO ASCERTAINING WHETHER THE APPLI-
CANT STANDS CONVICTED OF A SPECIFIED OFFENSE, AS  DEFINED  IN  PARAGRAPH
(B) OF SUBDIVISION ONE OF THIS SECTION.
  (B) THE RESULTS OF SUCH SEARCH SHALL BE COMMUNICATED IN WRITING, WITH-
IN  TEN BUSINESS DAYS OF RECEIPT OF THE REQUEST, TO THE AUTHORIZED OFFI-
CIAL FROM WHOM THE SEARCH REQUEST ORIGINATED AND SHALL BE KEPT CONFIDEN-
TIAL BY THE AUTHORIZED OFFICIAL EXCEPT AS PROVIDED IN PARAGRAPH  (C)  OF
THIS  SUBDIVISION. THE RESULTS OF THE SEARCH SHALL NOT DIVULGE ANY OTHER
INFORMATION RELATING TO THE CRIMINAL HISTORY OF THE APPLICANT.
  (C) AT THE TIME IT ADVISES THE APPLICANT OF THE RESULTS OF THE SEARCH,
THE AUTHORIZED OFFICIAL SHALL PROVIDE A COPY OF THE  SEARCH  RESULTS  TO
THE APPLICANT AND SHALL ALSO ADVISE THE APPLICANT OF THE RIGHTS TO CHAL-
LENGE AND APPEAL THE INFORMATION CONTAINED IN SUCH RECORD OF CONVICTION,
AS PROVIDED IN THE RULES AND REGULATIONS OF THE DIVISION.
  4.  WHENEVER  THERE  IS REASONABLE CAUSE TO BELIEVE THAT ANY PERSON OR
GROUP OF PERSONS IS ENGAGED IN A PATTERN OR PRACTICE OF  MISUSE  OF  THE
SEARCH  FOR  SPECIFIED  OFFENSE  CONVICTION  RECORDS BY A YOUTH SERVICES
ORGANIZATION, THE ATTORNEY GENERAL, ANY DISTRICT ATTORNEY OR ANY  PERSON
AGGRIEVED BY THE MISUSE OF SUCH SEARCH PROCEDURES IS AUTHORIZED TO BRING
A CIVIL ACTION IN THE APPROPRIATE COURT REQUESTING THE REMEDIES, INCLUD-
ING  THE  CIVIL PENALTIES, SET FORTH IN SUBDIVISION THREE OF SECTION ONE
HUNDRED SIXTY-EIGHT-P OF THE CORRECTION  LAW.  SUCH  REMEDIES  SHALL  BE
INDEPENDENT OF ANY OTHER REMEDIES OR PROCEDURES THAT MAY BE AVAILABLE TO
AN AGGRIEVED PARTY UNDER OTHER PROVISIONS OF LAW.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided, however,  that  effective  immediately  the
division  of  criminal  justice services may and hereby is authorized to
promulgate any rules and regulations consistent with this act as may  be
necessary to assure the effective implementation of this act.