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Senate Bill S2469

2011-2012 Legislative Session

Authorizes the review of sealed juvenile sex offense records for persons applying to become foster or adoptive parents or to be employed by licensed caregivers

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2011-S2469 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §720.35, CP L; amd §378-a, Soc Serv L

2011-S2469 (ACTIVE) - Summary

Authorizes the review of sealed juvenile sex offense records for persons applying to become foster or adoptive parents or to be employed by licensed caregivers.

2011-S2469 (ACTIVE) - Sponsor Memo

2011-S2469 (ACTIVE) - Bill Text download pdf 

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

                                  2469

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 21, 2011
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the criminal procedure law, and the social services  law
  in  relation  to authorizing the review of sealed juvenile records for
  persons applying to serve as a foster or adoptive parent

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

  Section  1. Section 720.35 of the criminal procedure law is amended by
adding a new subdivision 5 to read as follows:
  5. NOTWITHSTANDING SUBDIVISION TWO OF THIS SECTION, WHENEVER A  PERSON
IS  ADJUDICATED  A YOUTHFUL OFFENDER AND THE CONVICTION THAT WAS VACATED
AND REPLACED BY THE YOUTHFUL OFFENDER FINDING WAS FOR A SEX  OFFENSE  AS
THAT  TERM  IS  DEFINED  IN SECTION 120.40 OF THE PENAL LAW, ALL RECORDS
PERTAINING TO THE YOUTHFUL OFFENDER ADJUDICATION SHALL  BE  INCLUDED  IN
THOSE  RECORDS  AND  REPORTS THAT MAY BE OBTAINED BY THE COMMISSIONER OF
THE OFFICE OF CHILDREN AND FAMILY SERVICES IN  ORDER  TO  PERFORM  BACK-
GROUND  CHECKS PURSUANT TO SECTIONS THREE HUNDRED SEVENTY-EIGHT-A, THREE
HUNDRED NINETY-B, AND THREE HUNDRED NINETY-E OF THE SOCIAL SERVICES LAW.
  S 2. Subdivision 2 of section 378-a of  the  social  services  law  is
amended by adding a new paragraph (a-1) to read as follows:
  (A-1)  THE  CRIMINAL HISTORY RECORD CHECK REQUIRED BY THIS SUBDIVISION
SHALL INCLUDE A REVIEW FOR ANY CONVICTIONS VACATED  AND  REPLACED  BY  A
YOUTHFUL OFFENDER FINDING FOR A SEX OFFENSE WHICH MAY BE OBTAINED BY THE
COMMISSIONER  OF  THE OFFICE OF CHILDREN AND FAMILY SERVICES PURSUANT TO
SUBDIVISION 5 OF SECTION 720.35 OF THE CRIMINAL PROCEDURE LAW.
  S 3. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07028-01-1

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