S T A T E O F N E W Y O R K
________________________________________________________________________
7625
2013-2014 Regular Sessions
I N A S S E M B L Y
May 28, 2013
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Introduced by M. of A. JORDAN -- read once and referred to the Committee
on Correction
AN ACT to amend the town law, the village law and the public health law,
in relation to permitting a search of the statewide sex offender
registry upon the application by any individual for membership or
employment in a police department, fire company or with a provider of
ambulance services; and to amend the correction law, in relation to
permitting a fire company, police department or provider of ambulance
services to deny an employment application in certain circumstances
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 176 of the town law is amended by adding a new
section 35 to read as follows:
35. SHALL ESTABLISH RULES AND REGULATIONS PERMITTING, UPON APPLICATION
BY ANY INDIVIDUAL FOR MEMBERSHIP OR EMPLOYMENT IN A FIRE COMPANY OPERAT-
ING PURSUANT TO THIS ARTICLE, INCLUDING BUT NOT LIMITED TO FIRE DISTRICT
OFFICERS, CHIEFS AND ASSISTANT CHIEFS OF FIRE DEPARTMENTS, FIRE FIGHTERS
AND VOLUNTEER MEMBERS OF FIRE DEPARTMENTS, SUCH FIRE COMPANIES TO
CONDUCT OR CAUSE TO BE CONDUCTED A SEARCH OF THE STATEWIDE SEX OFFENDER
REGISTRY MANDATED UNDER ARTICLE SIX-C OF THE CORRECTION LAW, TO DETER-
MINE WHETHER SUCH INDIVIDUAL IS CURRENTLY REGISTERED AS A SEX OFFENDER
FOR A CONVICTION OF ANY OFFENSES SET FORTH IN SECTION ONE HUNDRED
SIXTY-EIGHT-A OF THE CORRECTION LAW. UPON A DETERMINATION THAT SUCH
INDIVIDUAL IS REGISTERED ON THE SEX OFFENDER REGISTRY, A FIRE COMPANY
MAY DENY SUCH INDIVIDUAL'S APPLICATION FOR MEMBERSHIP OR EMPLOYMENT.
S 2. Section 10-1000 of the village law is amended by adding a new
subdivision 12 to read as follows:
12. UPON APPLICATION BY ANY INDIVIDUAL FOR MEMBERSHIP OR EMPLOYMENT IN
A FIRE COMPANY OPERATING PURSUANT TO THIS ARTICLE, INCLUDING BUT NOT
LIMITED TO FIRE DISTRICT OFFICERS, CHIEFS AND ASSISTANT CHIEFS OF FIRE
DEPARTMENTS, FIRE FIGHTERS AND VOLUNTEER MEMBERS OF FIRE DEPARTMENTS,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09727-01-3
A. 7625 2
MAY CONDUCT OR CAUSE TO BE CONDUCTED A SEARCH OF THE STATEWIDE SEX
OFFENDER REGISTRY MANDATED UNDER ARTICLE SIX-C OF THE CORRECTION LAW, TO
DETERMINE WHETHER SUCH INDIVIDUAL IS CURRENTLY REGISTERED AS A SEX
OFFENDER FOR A CONVICTION OF ANY OFFENSES SET FORTH IN SECTION ONE
HUNDRED SIXTY-EIGHT-A OF THE CORRECTION LAW. UPON A DETERMINATION THAT
SUCH INDIVIDUAL IS REGISTERED ON THE SEX OFFENDER REGISTRY, A FIRE
COMPANY MAY DENY SUCH INDIVIDUAL'S APPLICATION FOR MEMBERSHIP OR EMPLOY-
MENT.
S 3. Section 150 of the town law is amended by adding a new subdivi-
sion 5 to read as follows:
5. THE TOWN BOARD OF A TOWN IN WHICH SUCH POLICE DEPARTMENT HAS BEEN
ESTABLISHED SHALL ESTABLISH RULES AND REGULATIONS PERMITTING, UPON
APPLICATION BY ANY INDIVIDUAL FOR MEMBERSHIP OR EMPLOYMENT IN A POLICE
DEPARTMENT OPERATED PURSUANT TO THIS ARTICLE, INCLUDING BUT NOT LIMITED
TO POLICE CHIEFS AND POLICE OFFICERS, SUCH POLICE DEPARTMENT TO CONDUCT
OR CAUSE TO BE CONDUCTED A SEARCH OF THE STATEWIDE SEX OFFENDER REGISTRY
MANDATED UNDER ARTICLE SIX-C OF THE CORRECTION LAW, TO DETERMINE WHETHER
SUCH INDIVIDUAL IS CURRENTLY REGISTERED AS A SEX OFFENDER FOR A
CONVICTION OF ANY OFFENSES SET FORTH IN SECTION ONE HUNDRED
SIXTY-EIGHT-A OF THE CORRECTION LAW. UPON A DETERMINATION THAT SUCH
INDIVIDUAL IS REGISTERED ON THE SEX OFFENDER REGISTRY, A POLICE DEPART-
MENT MAY DENY SUCH INDIVIDUAL'S APPLICATION FOR MEMBERSHIP OR EMPLOY-
MENT.
S 4. Section 8-800 of the village law, as amended by chapter 810 of
the laws of 1985, is amended to read as follows:
S 8-800 Police departments. The board of trustees of a village may, by
resolution, establish a police department in such village and appoint a
chief of police and such personnel as may be needed, and fix their
compensation. The board of trustees may abolish a police department
established pursuant to this section by local law, subject to permissive
referendum, and the department shall be deemed abolished as presented in
such proposition. The board of trustees of a village, upon establishing
or abolishing a police department, shall notify the commissioner of the
division of criminal justice services of such action within thirty days
thereafter. THE BOARD OF TRUSTEES SHALL ESTABLISH RULES AND REGULATIONS
PERMITTING POLICE DEPARTMENTS, UPON APPLICATION BY ANY INDIVIDUAL FOR
MEMBERSHIP OR EMPLOYMENT IN A POLICE DEPARTMENT OPERATED PURSUANT TO
THIS ARTICLE, INCLUDING BUT NOT LIMITED TO POLICE CHIEFS AND POLICE
OFFICERS, TO CONDUCT A SEARCH OF THE STATEWIDE SEX OFFENDER REGISTRY
MANDATED UNDER ARTICLE SIX-C OF THE CORRECTION LAW, TO DETERMINE WHETHER
SUCH INDIVIDUAL IS CURRENTLY REGISTERED AS A SEX OFFENDER FOR A
CONVICTION OF ANY OFFENSES SET FORTH IN SECTION ONE HUNDRED
SIXTY-EIGHT-A OF THE CORRECTION LAW. UPON A DETERMINATION THAT SUCH
INDIVIDUAL IS REGISTERED ON THE SEX OFFENDER REGISTRY, A POLICE DEPART-
MENT MAY DENY SUCH INDIVIDUAL'S APPLICATION FOR MEMBERSHIP OR EMPLOY-
MENT.
S 5. Section 3011 of the public health law is amended by adding a new
subdivision 12 to read as follows:
12. THE COMMISSIONER SHALL ESTABLISH RULES AND REGULATIONS PERMITTING
PROVIDERS OF AMBULANCE SERVICES, INCLUDING BUT NOT LIMITED TO EMERGENCY
RESCUE AND FIRST AID SQUADS ESTABLISHED WITHIN FIRE DEPARTMENTS OR
COMPANIES, ADVANCED LIFE SUPPORT FIRST RESPONSE SERVICES, VOLUNTARY
AMBULANCE SERVICES, VOLUNTARY ADVANCED LIFE SUPPORT FIRST RESPONSE
SERVICES, UPON APPLICATION BY ANY INDIVIDUAL FOR MEMBERSHIP OR EMPLOY-
MENT WITH SUCH PROVIDER OPERATING PURSUANT TO THIS ARTICLE, TO CONDUCT A
SEARCH OF THE STATEWIDE SEX OFFENDER REGISTRY MANDATED UNDER ARTICLE
A. 7625 3
SIX-C OF THE CORRECTION LAW, TO DETERMINE WHETHER SUCH INDIVIDUAL IS
CURRENTLY REGISTERED AS A SEX OFFENDER FOR A CONVICTION OF ANY OFFENSES
SET FORTH IN SECTION ONE HUNDRED SIXTY-EIGHT-A OF THE CORRECTION LAW.
UPON A DETERMINATION THAT SUCH INDIVIDUAL IS REGISTERED ON THE SEX
OFFENDER REGISTRY, A PROVIDER OF AMBULANCE SERVICES MAY DENY SUCH INDI-
VIDUAL'S APPLICATION FOR MEMBERSHIP OR EMPLOYMENT.
S 6. Subdivision 2 of section 752 of the correction law, as amended by
chapter 284 of the laws of 2007, is amended and a new subdivision 3 is
added to read as follows:
(2) the issuance or continuation of the license or the granting or
continuation of the employment would involve an unreasonable risk to
property or to the safety or welfare of specific individuals or the
general public[.]; OR
(3) AN APPLICANT FOR MEMBERSHIP OR EMPLOYMENT IN A FIRE COMPANY, A
POLICE DEPARTMENT OR WITH A PROVIDER OF AMBULANCE SERVICES, AS SET FORTH
IN SECTIONS ONE HUNDRED SEVENTY-SIX AND ONE HUNDRED FIFTY OF THE TOWN
LAW, SECTIONS 10-1000 AND 8-800 OF THE VILLAGE LAW AND SECTION THREE
THOUSAND ELEVEN OF THE PUBLIC HEALTH LAW, IS DETERMINED TO BE REGISTERED
ON THE STATEWIDE SEX OFFENDER REGISTRY MANDATED UNDER ARTICLE SIX-C OF
THIS CHAPTER FOR A CONVICTION OF ANY OFFENSE SET FORTH IN SECTION ONE
HUNDRED SIXTY-EIGHT-A OF THIS CHAPTER.
S 7. This act shall take effect immediately.