S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8736--A
 
                             I N  S E N A T E
 
                               May 10, 2018
                                ___________
 
 Introduced  by  Sens.  YOUNG,  LANZA,  PHILLIPS, AMEDORE, FELDER, FUNKE,
   GALLIVAN, GRIFFO, HELMING, JACOBS, LITTLE, MARCELLINO,  MURPHY,  ORTT,
   RANZENHOFER, RITCHIE, ROBACH, SERINO, SEWARD -- read twice and ordered
   printed,  and when printed to be committed to the Committee on Finance
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee

 AN  ACT  to amend the state finance law, in relation to establishing the
   New York child victim reconciliation and compensation fund;  to  amend
   the  criminal procedure law, in relation to the statute of limitations
   for sex offenses committed  against  a  child;  to  amend  the  social
   services  law,  in  relation to the reporting of child abuse; to amend
   the business corporation law, the not-for-profit corporation law,  the
   religious  corporations  law  and the cooperative corporations law, in
   relation to child protection and criminal  history  searches;  and  to
   amend part J of chapter 62 of the laws of 2003 amending the county law
   and  other  laws  relating to fees collected, in relation to providing
   for  the  reimbursement  of  not-for-profit  corporations   for   fees
   collected  for criminal history searches by the office of court admin-
   istration

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative findings. The Legislature hereby finds that a
 number of individuals within the state have been unable to seek  redress
 for  sexual abuse suffered as a child. Due to the unique nature of child
 sexual abuse and fears of reprisal, child victims often suffer for years
 in silence and are often unable to comprehend the fact  that  they  have
 been  victimized.  This  can  lead  to repression of the abuse and often
 results in the victim's confusion,  anger  and  associated  difficulties
 later  in life. Due to the nature of abuse a victim has been subject to,
 and their perceived or actual inability to pursue legal  action  at  the
 time of the abuse, many victims have been psychologically unable to file
 a  civil  litigation  claim within the requisite statute of limitations.
 Due to the amount of time that may have transpired since the instance or
 instances of abuse, the claim may no longer be pursued  through  typical
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15716-05-8

 S. 8736--A                          2
 
 litigation.  In  some  instances,  the sexual abuser may now be impover-
 ished, unavailable, unable to be  located,  or  may  have  passed  away,
 making  it  impossible  or  impractical  for  the victim to seek redress
 through  the  court system. In order to afford those victims an opportu-
 nity to seek the redress due to them, the legislature hereby establishes
 a New York child victim reconciliation and compensation fund,  which  is
 intended  to  provide  assistance  to  those who were sexually abused as
 children.
   § 2. The state finance law is amended by adding a new  article  17  to
 read as follows:
                                ARTICLE 17
        NEW YORK CHILD VICTIM RECONCILIATION AND COMPENSATION FUND
 SECTION 300. PURPOSE.
         301. DEFINITIONS.
         302. NEW YORK CHILD VICTIM RECONCILIATION AND COMPENSATION FUND.
         303. FILING OF CLAIM.
         304. HEARING OFFICERS; POWERS AND DUTIES.
         305. CLAIMS ADMINISTRATOR REVIEW.
         306. PAYMENTS TO ELIGIBLE INDIVIDUALS.
         307. REGULATIONS.
   §  300.  PURPOSE. IT IS THE PURPOSE OF THIS ARTICLE TO PROVIDE COMPEN-
 SATION AND ASSISTANCE TO ANY INDIVIDUAL WHO HAS  INCURRED  PHYSICAL  AND
 PSYCHOLOGICAL  DAMAGES  BASED  UPON THE RESULT OF CHILDHOOD SEXUAL ABUSE
 WHO HAS NOT PREVIOUSLY BEEN COMPENSATED FOR SUCH ALLEGED  ABUSE  AND  IS
 NOW BARRED FROM PURSUING A CIVIL ACTION FOR DAMAGES AGAINST THE ABUSER.
   §  301.  DEFINITIONS.  FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "CLAIMANT" MEANS ANY INDIVIDUAL WHO:
   (A) SUFFERED SEXUAL ABUSE AS  DEFINED  IN  SUBDIVISION  FIVE  OF  THIS
 SECTION; AND
   (B)  SUCH  ABUSE OCCURRED PRIOR TO THE CLAIMANT'S EIGHTEENTH BIRTHDAY;
 AND
   (C) SUCH INDIVIDUAL IS BARRED BY ARTICLE TWO OF THE CIVIL PRACTICE LAW
 AND RULES FROM INSTITUTING A CIVIL ACTION OR PROCEEDING; AND
   (D) SUCH  INDIVIDUAL  HAS  NOT  OTHERWISE  RECEIVED  COMPENSATION  FOR
 DAMAGES  RESULTING  FROM,  OR  ON ACCOUNT OF, SUCH SEXUAL ABUSE BY CIVIL
 SETTLEMENT, JUDGMENT OR OTHER PRIVATE METHOD, INCLUDING BUT NOT  LIMITED
 TO ARBITRATION; AND
   (E) NO OTHER INDIVIDUAL ON BEHALF OF THE CLAIMANT DURING THE PERIOD OF
 THE CLAIMANT'S MINORITY HAS RECEIVED COMPENSATION FOR THE SAME CLAIM.
   2.  "ECONOMIC LOSS" MEANS ANY IDENTIFIABLE PECUNIARY LOSS FROM EMPLOY-
 MENT, MEDICAL EXPENSES, LOSS OF BUSINESS, LOSS OF ECONOMIC OPPORTUNITIES
 TO THE EXTENT THAT SUCH LOSS WOULD BE RECOVERABLE  HAD  THE  STATUTE  OF
 LIMITATIONS  NOT  EXPIRED  AND FOR WHICH THE CLAIMANT HAS NOT PREVIOUSLY
 RECEIVED COMPENSATION;
   3. "ELIGIBLE INDIVIDUAL" MEANS AN INDIVIDUAL DETERMINED TO BE ELIGIBLE
 FOR COMPENSATION PURSUANT TO SECTION THREE HUNDRED FIVE OF THIS ARTICLE;
   4. "NONECONOMIC LOSSES" MEANS LOSSES FOR PHYSICAL AND EMOTIONAL  PAIN,
 SUFFERING INCONVENIENCE, PHYSICAL IMPAIRMENT, MENTAL ANGUISH, DISFIGURE-
 MENT, LOSS OF ENJOYMENT OF LIFE, LOSS OF SOCIETY AND COMPANIONSHIP, LOSS
 OF  CONSORTIUM  (OTHER  THAN LOSS OF DOMESTIC SERVICE), HEDONIC DAMAGES,
 INJURY TO REPUTATION, AND ALL OTHER NONPECUNIARY LOSSES OF ANY  KIND  OF
 NATURE; AND
   5.  "SEXUAL  ABUSE"  MEANS  ACTS  PROSCRIBED UNDER ARTICLE ONE HUNDRED
 THIRTY OF THE PENAL LAW, ACTS CONSTITUTING INCEST AS DEFINED IN  SECTION
 255.27,  255.26  OR 255.25 OF THE PENAL LAW, OR ACTS INCLUDING THE INDI-

 S. 8736--A                          3
 
 VIDUAL IN A SEXUAL PERFORMANCE AS DEFINED IN SECTION 263.05 OF THE PENAL
 LAW, OR A PREDECESSOR STATUTE THAT PROHIBITED SUCH CONDUCT AT  THE  TIME
 OF THE ACT.
   §  302. NEW YORK CHILD VICTIM RECONCILIATION AND COMPENSATION FUND. 1.
 THERE IS HEREBY CREATED IN THE JOINT CUSTODY OF  THE  STATE  COMPTROLLER
 AND  A CHIEF ADMINISTRATOR, WHO SHALL BE APPOINTED AS PROVIDED IN SUBDI-
 VISION THREE OF THIS SECTION, A SPECIAL FUND TO BE  KNOWN  AS  THE  "NEW
 YORK CHILD VICTIM RECONCILIATION AND COMPENSATION FUND."
   2. (A) SUCH FUND SHALL CONSIST OF THREE HUNDRED MILLION DOLLARS TRANS-
 FERRED  FROM  THE  STATE  ASSET  FORFEITURE  FUNDS  AND FUNDS SECURED BY
 PAYMENTS ASSOCIATED WITH STATE SANCTIONED  DEFERRED  PROSECUTION  AGREE-
 MENTS  CURRENTLY  HELD  ON  DEPOSIT  WITH  THE  OFFICE  OF THE MANHATTAN
 DISTRICT ATTORNEY.
   (B) THE OFFICE OF THE MANHATTAN DISTRICT ATTORNEY  SHALL  ADDITIONALLY
 REMIT  FIVE  PERCENT  OF  THE TOTAL OF ANY FUTURE STATE ASSET FORFEITURE
 FUNDS WHICH HAVE BEEN SECURED BY SUCH DISTRICT ATTORNEY BY JANUARY FIRST
 OF THE SUBSEQUENT YEAR.
   (C) THE CHIEF ADMINISTRATOR IS AUTHORIZED TO ACCEPT  SUCH  AMOUNTS  AS
 MAY  BE CONTRIBUTED BY INDIVIDUALS, BUSINESS CONCERNS, OR OTHER ENTITIES
 TO CARRY OUT THE PURPOSES OF THIS ARTICLE.
   3. (A) THE CHIEF ADMINISTRATOR SHALL BE SELECTED BY  THE  STATE  COMP-
 TROLLER IN CONSULTATION WITH THE LEADERS OF THE SENATE AND ASSEMBLY.
   (B) THE CHIEF ADMINISTRATOR SHALL BE QUALIFIED BY PREVIOUS EXPERIENCE,
 TRAINING  AND EDUCATION TO ADMINISTER SUCH A FUND. THE CHIEF ADMINISTRA-
 TOR SHALL BE SUBJECT TO REMOVAL PURSUANT TO THE PUBLIC OFFICERS LAW  AND
 SHALL  BE  SUBJECT TO THE JURISDICTION OF THE JOINT COMMISSION ON PUBLIC
 ETHICS FOR ALL DISCIPLINARY MATTERS. NO BOND SHALL  BE  REQUIRED  BEFORE
 ENTERING INTO SERVICE.
   (C)  PRIOR  TO ENTERING INTO SERVICE, THE CHIEF ADMINISTRATOR SHALL BE
 REQUIRED TO FILE A LONG FORM ETHICS FILING WITH THE JOINT COMMISSION  ON
 PUBLIC ETHICS.
   4.  THE CHIEF ADMINISTRATOR SHALL APPOINT A CLAIMS ADMINISTRATOR.  THE
 CLAIMS ADMINISTRATOR, IN  CONSULTATION  WITH  THE  CHIEF  ADMINISTRATOR,
 SHALL PROMULGATE PROCEDURAL AND SUBSTANTIVE RULES FOR THE ADMINISTRATION
 OF THE FUND.
   5. (A) THE CHIEF ADMINISTRATOR SHALL APPOINT HEARING OFFICERS WHO HAVE
 A RECORD OF SUBSTANTIVE EXPERIENCE IN THE INVESTIGATION, PROSECUTION AND
 DEFENSE  OF  CHILD SEXUAL ABUSE ALLEGATIONS. SUCH HEARING OFFICERS SHALL
 RECEIVE THE SAME REMUNERATION AS HEARING OFFICERS IN A COMPARABLE  AGEN-
 CY.
   (B)  THE  CHIEF  ADMINISTRATOR SHALL HAVE THE POWER TO APPOINT AND PAY
 SUCH EXPERTS AS SOUGHT BY HEARING OFFICERS IN AID OF THE DETERMINATION.
   6. THE CHIEF ADMINISTRATOR SHALL HAVE THE POWER TO APPOINT ADMINISTRA-
 TIVE PERSONNEL TO ADMINISTER THE PROVISIONS OF THIS SECTION PURSUANT  TO
 A HIRING PLAN APPROVED BY THE STATE COMPTROLLER.
   7.  THE  CLAIMS  ADMINISTRATOR,  IN  CONJUNCTION  WITH THE STATE COMP-
 TROLLER, SHALL BE RESPONSIBLE FOR THE ADMINISTRATION OF FUNDS  DEPOSITED
 IN THE NEW YORK CHILD VICTIM RECONCILIATION AND COMPENSATION FUND ESTAB-
 LISHED PURSUANT TO THIS SECTION.
   §  303.  FILING  OF CLAIM. 1. THE CLAIMS ADMINISTRATOR SHALL DEVELOP A
 CLAIM FORM THAT CLAIMANTS SHALL USE WHEN SUBMITTING  CLAIMS  UNDER  THIS
 SECTION  AND SHALL ENSURE THAT SUCH FORM MAY BE SUBMITTED ELECTRONICALLY
 IF DETERMINED TO BE PRACTICABLE.
   2. A CLAIMANT MAY FILE A CLAIM FOR  COMPENSATION  UNDER  THIS  ARTICLE
 WITH  THE  CLAIMS ADMINISTRATOR. THE CLAIM SHALL STATE THE FACTUAL BASIS
 FOR ELIGIBILITY FOR COMPENSATION AND THE AMOUNT OF COMPENSATION SOUGHT.

 S. 8736--A                          4
 
   3. THE FORM REQUIRED UNDER SUBDIVISION ONE OF THIS  SECTION  SHALL  BE
 UNDER OATH AND SHALL PROVIDE THE FOLLOWING INFORMATION:
   (A) A NARRATIVE OF THE EVENTS CONTAINING INFORMATION FROM THE CLAIMANT
 CONCERNING  THE  IDENTITY  OF THE ALLEGED ABUSER, THE PHYSICAL OR MENTAL
 HARM THAT THE CLAIMANT SUFFERED, IS SUFFERING FROM, AND/OR  MAY  REASON-
 ABLY BE EXPECTED TO SUFFER IN THE FUTURE.
   (B)  INFORMATION  FROM  THE  CLAIMANT CONCERNING ANY POSSIBLE ECONOMIC
 LOSSES THAT THE CLAIMANT HAS SUFFERED OR IS EXPECTED TO  SUFFER  AS  THE
 RESULT OF SEXUAL ABUSE.
   (C)  INFORMATION  REGARDING  COLLATERAL  SOURCES  OF  COMPENSATION THE
 CLAIMANT HAS RECEIVED OR IS ENTITLED TO RECEIVE  AS  A  RESULT  OF  SUCH
 ABUSE.
   (D)  ANY  OTHER MATERIAL THAT THE CLAIMANT WISHES TO PRESENT IN AID OF
 THE DETERMINATION OF THE CLAIM.
   § 304. HEARING OFFICERS; POWERS AND DUTIES. 1.  PROCEEDINGS  CONDUCTED
 PURSUANT TO THIS ARTICLE SHALL BE PRESIDED OVER BY A HEARING OFFICER WHO
 SHALL  HAVE  SUBSTANTIAL EXPERIENCE RELATING TO THE LITIGATION, INVESTI-
 GATION, PROSECUTION OR DEFENSE OF CHILD SEXUAL ABUSE CLAIMS.
   2. THE HEARING OFFICER SHALL SET THE TIME AND PLACE OF ANY HEARING AND
 SHALL GIVE REASONABLE NOTICE TO THE PARTIES.
   3. THE HEARING OFFICER SHALL CONDUCT A FAIR AND IMPARTIAL HEARING  AND
 TAKE  ALL  ACTION  NECESSARY  TO  AVOID  DELAY  IN  THE  DISPOSITION  OF
 PROCEEDINGS AND TO MAINTAIN ORDER. THE HEARING OFFICER  SHALL  HAVE  ALL
 POWERS NECESSARY TO THOSE ENDS, INCLUDING, BUT NOT LIMITED TO, THE POWER
 TO:
   (A) ADMINISTER OATHS AND AFFIRMATIONS;
   (B) CAUSE SUBPOENAS TO BE ISSUED AS AUTHORIZED BY LAW;
   (C) RULE UPON OFFERS OF PROOF AND RECEIVE EVIDENCE;
   (D) ORDER OR LIMIT DISCOVERY AS THE INTERESTS OF JUSTICE MAY REQUIRE;
   (E)  REGULATE THE COURSE OF THE HEARING AND THE CONDUCT OF THE PARTIES
 AND THEIR COUNSEL;
   (F) HOLD CONFERENCES FOR  THE  SETTLEMENT  OR  SIMPLIFICATION  OF  THE
 ISSUES BY CONSENT OF THE PARTIES;
   (G)  CONSIDER AND RULE UPON ALL PROCEDURAL AND OTHER MOTIONS APPROPRI-
 ATE IN ADJUDICATIVE PROCEEDINGS;
   (H) TAKE NOTICE OF ANY MATERIAL FACT NOT APPEARING IN EVIDENCE IN  THE
 RECORD THAT IS PROPERLY A MATTER OF JUDICIAL NOTICE;
   (I) MAKE AND FILE DETERMINATIONS TO THE CLAIMS ADMINISTRATOR; AND
   (J)  EXERCISE  SUCH  OTHER  AUTHORITY AS IS NECESSARY TO CARRY OUT THE
 RESPONSIBILITIES OF THE HEARING OFFICER UNDER THIS SECTION.
   4. CLAIMANTS AND DEFENDANTS TAKING PART IN  A  PROCEEDING  UNDER  THIS
 SECTION SHALL HAVE:
   (A)  THE RIGHT TO BE REPRESENTED BY AN ATTORNEY, AND UPON A SHOWING OF
 INDIGENCE, MAY OBTAIN APPOINTED COUNSEL;
   (B) THE RIGHT TO  PRESENT  EVIDENCE,  INCLUDING  THE  PRESENTATION  OF
 WITNESSES AND DOCUMENTS, EXPERT TESTIMONY; AND
   (C)  ANY  OTHER  DUE  PROCESS  RIGHTS DEEMED APPROPRIATE BY THE CLAIMS
 ADMINISTRATOR.
   § 305. CLAIMS ADMINISTRATOR REVIEW. 1. THE CLAIMS ADMINISTRATOR  SHALL
 REVIEW  ALL  FINDINGS  MADE  BY A HEARING OFFICER IN EACH CASE SUBMITTED
 UNDER THIS SECTION AND SHALL DETERMINE:
   (A) WHETHER THE DEFENDANT IS RESPONSIBLE FOR THE  CONDUCT  ALLEGED  BY
 THE CLAIMANT; AND
   (B) WHETHER THE CLAIMANT IS AN ELIGIBLE INDIVIDUAL UNDER THIS SECTION.
   2.  A  CLAIMANT  SHALL  BE  DEEMED  AN  ELIGIBLE INDIVIDUAL UNDER THIS
 SECTION WHEN THE CLAIM ADMINISTRATOR DETERMINES THE CLAIMANT:

 S. 8736--A                          5
 
   (A) WAS A VICTIM OF THE ALLEGED CONDUCT;
   (B)  IS AN INDIVIDUAL WHO HAS SUFFERED ECONOMIC OR NONECONOMIC LOSS AS
 A RESULT OF SEXUAL ABUSE WHICH OCCURRED WITHIN THE STATE; AND
   (C) THE INDIVIDUAL HAS BEEN UNABLE TO PURSUE A CIVIL CLAIM FOR DAMAGES
 RESULTING FROM THE LOSS DESCRIBED IN PARAGRAPH (B) OF  THIS  SUBDIVISION
 DUE  TO  THE FAILURE TO FILE A JUDICIAL CLAIM FOR DAMAGES RESULTING FROM
 SUCH ABUSE WITHIN THE REQUISITE STATUTE OF LIMITATIONS.
   3. THE FOLLOWING FACTORS SHALL BE CONSIDERED IN DETERMINING THE AMOUNT
 OF COMPENSATION TO BE PAID TO SUCH ELIGIBLE INDIVIDUALS:
   (A) THE NATURE, EXTENT AND FREQUENCY OF  THE  SEXUAL  ABUSE  THAT  WAS
 FOUND TO HAVE OCCURRED;
   (B) THE EXTENT OF THE HARM TO THE CLAIMANT, INCLUDING ANY ECONOMIC AND
 NONECONOMIC LOSS; AND
   (C)  THE  EXTENT  TO WHICH AGGRAVATING CIRCUMSTANCES ARE ALLEGED, SUCH
 AS:
   (I) THE AGE OF THE CLAIMANT;
   (II) THE SEVERITY OF THE ABUSE;
   (III) THE LOCATION OF THE ABUSE;
   (IV) THREATS OF PHYSICAL HARM AND/OR RETALIATION;
   (V) SIGNIFICANT, VERIFIABLE AND LIFE  ALTERING  PSYCHOLOGICAL  DAMAGE;
 AND/OR
   (VI)  ANY  OTHER  SIGNIFICANT INFORMATION RELEVANT TO THE CLAIM OR THE
 DEFENSE OF THE CLAIM.
   4. NO LATER THAN NINETY DAYS AFTER THAT DATE ON WHICH A CLAIM IS FILED
 UNDER SECTION THREE HUNDRED THREE OF THIS ARTICLE, UNLESS GOOD CAUSE CAN
 BE DEMONSTRATED, THE CLAIM ADMINISTRATOR SHALL COMPLETE A REVIEW, MAKE A
 DETERMINATION, AND PROVIDE WRITTEN NOTICE TO THE CLAIMANT, WITH  RESPECT
 TO  THE  MATTERS THAT WERE THE SUBJECT OF THE CLAIM UNDER REVIEW. SUCH A
 DETERMINATION SHALL BE FINAL AND NOT SUBJECT TO JUDICIAL REVIEW.
   5. THE CLAIMS ADMINISTRATOR MAY NOT INCLUDE PUNITIVE  DAMAGES  IN  ANY
 COMPENSATION PAID UNDER A CLAIM UNDER THIS ARTICLE.
   6.  THE  CLAIMS  ADMINISTRATOR SHALL REDUCE THE AMOUNT OF COMPENSATION
 DETERMINED UNDER THIS SECTION SOLELY BY THE  AMOUNT  OF  ANY  COLLATERAL
 COMPENSATION  THE  CLAIMANT  HAS RECEIVED OR IS ENTITLED TO RECEIVE AS A
 RESULT OF SUCH SEXUAL ABUSE.
   § 306. PAYMENTS TO ELIGIBLE INDIVIDUALS. 1. NO LATER THAN TWENTY  DAYS
 AFTER  THE  DATE ON WHICH A DETERMINATION IS MADE BY THE CLAIMS ADMINIS-
 TRATOR REGARDING THE AMOUNT OF COMPENSATION DUE A  CLAIMANT  UNDER  THIS
 ARTICLE, THE CLAIMS ADMINISTRATOR SHALL AUTHORIZE PAYMENT TO SUCH CLAIM-
 ANT OF THE AMOUNT DETERMINED WITH RESPECT TO SUCH CLAIMANT.
   2.  THE  CHIEF  ADMINISTRATOR  SHALL  MAINTAIN  A  PUBLICLY ACCESSIBLE
 WEBSITE WHICH LISTS THE NAME OF THE PERPETRATOR OF THE ABUSE  WHICH  WAS
 FOUND  TO HAVE OCCURRED, AND WHICH ALSO INCLUDES THE APPROXIMATE DATE OR
 DATES THE ABUSE OCCURRED AND THE APPROXIMATE GEOGRAPHIC LOCATION OF EACH
 INSTANCE OF ABUSE, AS WELL AS ANY OTHER IDENTIFYING  INFORMATION  DEEMED
 BY THE CHIEF ADMINISTRATOR TO BE APPROPRIATE.
   § 307. REGULATIONS. NO LATER THAN NINETY DAYS AFTER THE EFFECTIVE DATE
 OF THIS ARTICLE, THE CHIEF ADMINISTRATOR, IN CONSULTATION WITH THE STATE
 COMPTROLLER  AND  THE CLAIMS ADMINISTRATOR, SHALL PROMULGATE REGULATIONS
 TO CARRY OUT THIS ARTICLE, INCLUDING REGULATIONS PRESCRIBING:
   1. FORMS TO BE USED IN SUBMITTING CLAIMS UNDER THIS ARTICLE;
   2. THE INFORMATION TO BE INCLUDED IN SUCH FORMS;
   3. PROCEDURES FOR HEARINGS AND THE PRESENTATION OF EVIDENCE;
   4. PROCEDURES TO ASSIST AN INDIVIDUAL IN FILING  AND  PURSUING  CLAIMS
 UNDER THIS ARTICLE; AND

 S. 8736--A                          6

   5. OTHER MATTERS DETERMINED BY THE CHIEF ADMINISTRATOR AND APPROVED BY
 THE  STATE COMPTROLLER NECESSARY TO CARRY OUT THE PURPOSES OF THIS ARTI-
 CLE.
   §  3.  Paragraph (f) of subdivision 3 of section 30.10 of the criminal
 procedure law, as separately amended by chapters 3 and 320 of  the  laws
 of 2006, is amended to read as follows:
   (f)  [For  purposes  of a] A prosecution involving a sexual offense as
 defined in article one hundred thirty of the penal  law,  other  than  a
 sexual  offense  delineated  in paragraph (a) of subdivision two of this
 section, committed against a child less  than  eighteen  years  of  age,
 incest  in  the  first,  second  or  third degree as defined in sections
 255.27, 255.26 and 255.25 of the penal law  committed  against  a  child
 less  than eighteen years of age, or use of a child in a sexual perform-
 ance as defined in section 263.05 of the penal law, [the period of limi-
 tation shall not begin to run until the child has  reached  the  age  of
 eighteen  or  the  offense  is  reported  to a law enforcement agency or
 statewide central register of child abuse  and  maltreatment,  whichever
 occurs earlier] MAY BE COMMENCED AT ANY TIME.
   §  4.  Paragraph  (a)  of  subdivision  1 of section 413 of the social
 services law, as amended by section 7 of part C of  chapter  57  of  the
 laws of 2018, is amended to read as follows:
   (a)  The  following  persons  and  officials are required to report or
 cause a report to be made in accordance with this title when  they  have
 reasonable  cause  to  suspect  that a child coming before them in their
 professional or official capacity is an abused or maltreated  child,  or
 when  they have reasonable cause to suspect that a child is an abused or
 maltreated child where the parent, guardian, custodian or  other  person
 legally  responsible  for  such child comes before them in their profes-
 sional or official capacity and states from  personal  knowledge  facts,
 conditions or circumstances which, if correct, would render the child an
 abused  or maltreated child: any physician; registered physician assist-
 ant; surgeon; medical  examiner;  coroner;  dentist;  dental  hygienist;
 osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
 psychologist; registered nurse; social worker; emergency medical techni-
 cian; licensed creative arts therapist;  licensed  marriage  and  family
 therapist;  licensed  mental  health  counselor; licensed psychoanalyst;
 licensed behavior analyst; certified behavior analyst assistant;  hospi-
 tal  personnel  engaged in the admission, examination, care or treatment
 of persons; MEMBER OF THE  CLERGY;  a  Christian  Science  practitioner;
 school  official,  which  includes but is not limited to school teacher,
 school guidance counselor, school psychologist,  school  social  worker,
 school nurse, school administrator or other school personnel required to
 hold  a teaching or administrative license or certificate; full or part-
 time compensated school employee required to hold a  temporary  coaching
 license  or  professional  coaching certificate; social services worker;
 employee of a publicly-funded emergency shelter for families with  chil-
 dren;  director of a children's overnight camp, summer day camp or trav-
 eling summer day camp, as such camps are  defined  in  section  thirteen
 hundred  ninety-two  of  the  public health law; day care center worker;
 school-age child care worker; provider of family  or  group  family  day
 care;  employee or volunteer in a residential care facility for children
 that is licensed, certified or operated by the office  of  children  and
 family  services;  or any other child care or foster care worker; mental
 health professional; substance abuse  counselor;  alcoholism  counselor;
 all persons credentialed by the office of alcoholism and substance abuse
 services;  employees,  who  are expected to have regular and substantial

 S. 8736--A                          7
 
 contact with children, of a health home or health home  care  management
 agency contracting with a health home as designated by the department of
 health  and  authorized under section three hundred sixty-five-l of this
 chapter  or such employees who provide home and community based services
 under a demonstration program pursuant to section eleven hundred fifteen
 of the federal social security act who are expected to have regular  and
 substantial  contact  with  children;  peace  officer;  police  officer;
 district attorney or assistant district attorney; investigator  employed
 in the office of a district attorney; or other law enforcement official.
   §  5.  Subdivision  1  of  section  413  of the social services law is
 amended by adding five new paragraphs (e), (f), (g), (h) and (i) to read
 as follows:
   (E) UNLESS THE PERSON CONFESSING OR CONFIDING WAIVES THE PRIVILEGE,  A
 MEMBER  OF THE CLERGY, OR OTHER MINISTER OF ANY RELIGION OR DULY ACCRED-
 ITED CHRISTIAN SCIENCE PRACTITIONER, SHALL NOT BE  REQUIRED  TO  MAKE  A
 REPORT  AS  REQUIRED  BY  PARAGRAPH  (A)  OF  THIS  SUBDIVISION  IF  THE
 CONFESSION OR CONFIDENCE WAS MADE TO HIM OR HER IN HIS  OR  HER  PROFES-
 SIONAL CHARACTER AS SPIRITUAL ADVISOR.
   (F) WHEN A MEMBER OF THE CLERGY HAS REASONABLE CAUSE TO SUSPECT THAT A
 CHILD  IS  AN  ABUSED  OR  MALTREATED  CHILD  BASED UPON ANY INFORMATION
 RECEIVED OTHER THAN THROUGH A CONFESSION OR CONFIDENCE MADE PURSUANT  TO
 PARAGRAPH  (E) OF THIS SUBDIVISION, THEN SUCH MEMBER OF THE CLERGY SHALL
 PROMPTLY MAKE A REPORT AS REQUIRED BY PARAGRAPH (A) OF THIS  SUBDIVISION
 NOTWITHSTANDING  THE FACT THAT HE OR SHE MAY HAVE ALSO RECEIVED A REPORT
 OF ABUSE OR MALTREATMENT THROUGH A CONFESSION OR CONFIDENCE MADE  PURSU-
 ANT TO PARAGRAPH (E) OF THIS SUBDIVISION.
   (G)  THE  PROVISIONS OF PARAGRAPH (E) OF THIS SUBDIVISION SHALL NOT BE
 DEEMED TO EXEMPT A MEMBER OF THE CLERGY FROM ANY OTHER  REQUIREMENTS  OF
 LAW TO PREVENT THE PERPETRATOR FROM COMMITTING ADDITIONAL ACTS OF ABUSE.
   (H) FOR THE PURPOSES OF THIS SUBDIVISION THE TERM "MEMBER OF THE CLER-
 GY"  SHALL HAVE THE SAME DEFINITION AS THE TERM "CLERGYMAN" AS SET FORTH
 IN SECTION TWO OF THE RELIGIOUS CORPORATIONS LAW AND SHALL ALSO  INCLUDE
 ANY PERSON RESPONSIBLE FOR SUPERVISING A MEMBER OF THE CLERGY OF A RELI-
 GIOUS  INSTITUTION  OR RESPONSIBLE FOR THE ADMINISTRATION OF A RELIGIOUS
 INSTITUTION.
   (I) FOR THE PURPOSES OF THIS SUBDIVISION THE TERM "RELIGIOUS  INSTITU-
 TION"  SHALL  MEAN A RELIGIOUS CORPORATION CREATED TO ENABLE ITS MEMBERS
 TO MEET FOR DIVINE WORSHIP OR OTHER RELIGIOUS OBSERVANCES OR  A  CONGRE-
 GATION,  SOCIETY,  OR  OTHER ASSEMBLAGE OF PERSONS WHO ARE ACCUSTOMED TO
 STATEDLY MEET FOR DIVINE WORSHIP OR OTHER RELIGIOUS OBSERVANCES, WITHOUT
 HAVING BEEN INCORPORATED FOR THAT PURPOSE, AS PROVIDED IN SECTION TWO OF
 THE RELIGIOUS CORPORATIONS LAW.
   § 6. Article 6 of the social services law is amended by adding  a  new
 title 6-B to read as follows:
                                 TITLE 6-B
                 REPORTS OF CHILD ABUSE TO LAW ENFORCEMENT
 SECTION 429-A. PERSONS   AND  OFFICIALS  REQUIRED  TO  REPORT  CASES  OF
                  SUSPECTED CHILD ABUSE TO  APPROPRIATE  LAW  ENFORCEMENT
                  AGENCY.
         429-B. PENALTIES FOR FAILURE TO REPORT.
         429-C. IMMUNITY FROM LIABILITY.
         429-D. REVIEW  OF  EXISTING RECORDS FOR ALLEGATIONS THAT A CHILD
                  IS AN ABUSED CHILD; DISTRICT ATTORNEY; PENALTY.
   § 429-A. PERSONS AND OFFICIALS REQUIRED TO REPORT CASES  OF  SUSPECTED
 CHILD  ABUSE TO APPROPRIATE LAW ENFORCEMENT AGENCY. 1. (A) THE FOLLOWING
 PERSONS AND OFFICIALS ARE REQUIRED TO REPORT OR CAUSE  A  REPORT  TO  BE

 S. 8736--A                          8
 
 MADE  TO AN APPROPRIATE LAW ENFORCEMENT AGENCY WHEN THEY HAVE REASONABLE
 CAUSE TO SUSPECT IN THEIR PROFESSIONAL OR OFFICIAL CAPACITY THAT A CHILD
 IS AN ABUSED  CHILD:  ANY  PHYSICIAN;  REGISTERED  PHYSICIAN  ASSISTANT;
 SURGEON;  MEDICAL  EXAMINER;  CORONER; DENTIST; DENTAL HYGIENIST; OSTEO-
 PATH; OPTOMETRIST; CHIROPRACTOR; PODIATRIST; RESIDENT; INTERN;  PSYCHOL-
 OGIST;  REGISTERED NURSE; EMERGENCY MEDICAL TECHNICIAN; HOSPITAL PERSON-
 NEL ENGAGED IN THE ADMISSION, EXAMINATION, CARE OR TREATMENT OF PERSONS;
 MEMBER OF THE CLERGY; A CHRISTIAN SCIENCE PRACTITIONER; SCHOOL OFFICIAL;
 SOCIAL SERVICES WORKER; DAY CARE CENTER WORKER; PROVIDER  OF  FAMILY  OR
 GROUP  FAMILY  DAY  CARE;  EMPLOYEE  OR  VOLUNTEER IN A RESIDENTIAL CARE
 FACILITY OR ANY OTHER CHILD CARE OR FOSTER CARE  WORKER;  MENTAL  HEALTH
 PROFESSIONAL;  SUBSTANCE  ABUSE  COUNSELOR;  ALCOHOLISM COUNSELOR; PEACE
 OFFICER; POLICE OFFICER; DISTRICT ATTORNEY OR ASSISTANT DISTRICT  ATTOR-
 NEY;  INVESTIGATOR  EMPLOYED  IN  THE  OFFICE OF A DISTRICT ATTORNEY; OR
 OTHER LAW ENFORCEMENT OFFICIAL.
   (B) FOR THE PURPOSES OF THIS SECTION THE  TERM  "ABUSED  CHILD"  SHALL
 MEAN A CHILD UNDER THE AGE OF EIGHTEEN YEARS UPON WHOM A PERSON EIGHTEEN
 YEARS OF AGE OR MORE WHO IS DEFINED IN PARAGRAPH (A) OF THIS SUBDIVISION
 AND  WHO  IS NOT THE PARENT OR OTHER PERSON LEGALLY RESPONSIBLE FOR SUCH
 CHILD'S CARE:
   (I) INTENTIONALLY OR  RECKLESSLY  INFLICTS  PHYSICAL  INJURY,  SERIOUS
 PHYSICAL INJURY OR DEATH, OR
   (II)  INTENTIONALLY  OR  RECKLESSLY ENGAGES IN CONDUCT WHICH CREATES A
 SUBSTANTIAL RISK OF SUCH PHYSICAL INJURY,  SERIOUS  PHYSICAL  INJURY  OR
 DEATH, OR
   (III)  COMMITS  OR  ATTEMPTS  TO  COMMIT  AGAINST A CHILD THE CRIME OF
 DISSEMINATING INDECENT MATERIALS  TO  MINORS  PURSUANT  TO  ARTICLE  TWO
 HUNDRED THIRTY-FIVE OF THE PENAL LAW, OR
   (IV)  ENGAGES  IN ANY CONDUCT PROHIBITED BY ARTICLE ONE HUNDRED THIRTY
 OR TWO HUNDRED SIXTY-THREE OF THE PENAL LAW.
   (C) FOR THE PURPOSES OF THIS SECTION THE TERM "LAW ENFORCEMENT AUTHOR-
 ITIES" SHALL MEAN A MUNICIPAL POLICE DEPARTMENT,  SHERIFF'S  DEPARTMENT,
 THE DIVISION OF STATE POLICE OR ANY OFFICER THEREOF OR A DISTRICT ATTOR-
 NEY  OR ASSISTANT DISTRICT ATTORNEY. NOTWITHSTANDING ANY OTHER PROVISION
 OF LAW, LAW ENFORCEMENT AUTHORITIES SHALL NOT INCLUDE ANY CHILD  PROTEC-
 TIVE SERVICE OR ANY SOCIETY FOR THE PREVENTION OF CRUELTY TO CHILDREN AS
 SUCH  TERMS  ARE  DEFINED  IN  SECTION FOUR HUNDRED TWENTY-THREE OF THIS
 ARTICLE.
   (D) FOR THE PURPOSES OF THIS SECTION THE TERM "MEMBER OF  THE  CLERGY"
 SHALL  HAVE  THE SAME DEFINITION AS THE TERM "CLERGYMAN" AS SET FORTH IN
 SECTION TWO OF THE RELIGIOUS CORPORATIONS LAW AND SHALL ALSO INCLUDE ANY
 PERSON RESPONSIBLE FOR SUPERVISING A MEMBER OF THE CLERGY OF A RELIGIOUS
 INSTITUTION OR RESPONSIBLE FOR THE ADMINISTRATION OF A RELIGIOUS  INSTI-
 TUTION.
   (E)  FOR THE PURPOSES OF THIS SECTION THE TERM "RELIGIOUS INSTITUTION"
 SHALL MEAN A RELIGIOUS CORPORATION CREATED TO ENABLE ITS MEMBERS TO MEET
 FOR DIVINE WORSHIP OR OTHER RELIGIOUS  OBSERVANCES  OR  A  CONGREGATION,
 SOCIETY,  OR  OTHER ASSEMBLAGE OF PERSONS WHO ARE ACCUSTOMED TO STATEDLY
 MEET FOR DIVINE WORSHIP OR OTHER RELIGIOUS OBSERVANCES,  WITHOUT  HAVING
 BEEN  INCORPORATED  FOR  THAT PURPOSE, AS PROVIDED IN SECTION TWO OF THE
 RELIGIOUS CORPORATIONS LAW.
   2. (A) UNLESS THE PERSON CONFESSING OR CONFIDING WAIVES THE PRIVILEGE,
 A MEMBER OF THE CLERGY, OR  OTHER  MINISTER  OF  ANY  RELIGION  OR  DULY
 ACCREDITED CHRISTIAN SCIENCE PRACTITIONER, SHALL NOT BE REQUIRED TO MAKE
 A REPORT AS REQUIRED BY PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION

 S. 8736--A                          9

 IF  THE  CONFESSION  OR  CONFIDENCE WAS MADE TO HIM OR HER IN HIS OR HER
 PROFESSIONAL CHARACTER AS SPIRITUAL ADVISOR.
   (B) WHEN A MEMBER OF THE CLERGY HAS REASONABLE CAUSE TO SUSPECT THAT A
 CHILD  IS AN ABUSED CHILD BASED UPON ANY INFORMATION RECEIVED OTHER THAN
 THROUGH A CONFESSION OR CONFIDENCE MADE PURSUANT  TO  PARAGRAPH  (A)  OF
 THIS  SUBDIVISION,  THEN SUCH MEMBER OF THE CLERGY SHALL PROMPTLY MAKE A
 REPORT AS REQUIRED BY PARAGRAPH (A) OF SUBDIVISION ONE OF  THIS  SECTION
 NOTWITHSTANDING  THE FACT THAT HE OR SHE MAY HAVE ALSO RECEIVED A REPORT
 OF ABUSE THROUGH A CONFESSION OR CONFIDENCE MADE PURSUANT  TO  PARAGRAPH
 (A) OF THIS SUBDIVISION.
   (C)  THE  PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT BE
 DEEMED TO EXEMPT A MEMBER OF THE CLERGY FROM ANY OTHER  REQUIREMENTS  OF
 LAW TO PREVENT THE PERPETRATOR FROM COMMITTING ADDITIONAL ACTS OF ABUSE.
   3.  NOTHING  IN THIS TITLE SHALL BE CONSTRUED TO REQUIRE THE REPORT OF
 INFORMATION BY A PERSON REQUIRED TO REPORT HEREIN WHEN SUCH  INFORMATION
 IS OTHERWISE PRIVILEGED FROM DISCLOSURE BY LAW.
   §  429-B.  PENALTIES  FOR FAILURE TO REPORT. 1. ANY PERSON REQUIRED BY
 THIS TITLE TO REPORT A CASE OF SUSPECTED CHILD ABUSE WHO WILLFULLY FAILS
 TO DO SO SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
   2. ANY PERSON REQUIRED BY THIS TITLE TO REPORT  A  CASE  OF  SUSPECTED
 CHILD  ABUSE WHO KNOWINGLY AND WILLFULLY FAILS TO DO SO SHALL BE CIVILLY
 LIABLE FOR THE DAMAGES PROXIMATELY CAUSED BY SUCH FAILURE.
   § 429-C. IMMUNITY FROM LIABILITY. 1. ANY  PERSON  WHO  IN  GOOD  FAITH
 MAKES  A REPORT OF ALLEGATIONS OF CHILD ABUSE AS REQUIRED BY THIS TITLE,
 INCLUDING THOSE WHO IN GOOD FAITH MAKE A REPORT TO THE WRONG  RECIPIENT,
 SHALL HAVE IMMUNITY FROM CRIMINAL LIABILITY WHICH MIGHT OTHERWISE RESULT
 BY REASON OF SUCH ACTIONS.
   2. ANY PERSON WHO REASONABLY AND IN GOOD FAITH MAKES A REPORT OF ALLE-
 GATIONS  OF  CHILD  ABUSE AS REQUIRED BY THIS TITLE, SHALL HAVE IMMUNITY
 FROM CIVIL LIABILITY WHICH MIGHT OTHERWISE  RESULT  BY  REASON  OF  SUCH
 ACTIONS.
   § 429-D. REVIEW OF EXISTING RECORDS FOR ALLEGATIONS THAT A CHILD IS AN
 ABUSED  CHILD; DISTRICT ATTORNEY; PENALTY. 1. WITHIN THREE MONTHS OF THE
 EFFECTIVE DATE OF THIS SECTION, ALL MEMBERS OF  THE  CLERGY  SHALL:  (A)
 REVIEW  ALL  INSTITUTIONAL  RECORDS  WITHIN  THEIR CONTROL AND ANY OTHER
 INFORMATION THEY HAVE OBTAINED REGARDING ALLEGATIONS THAT A CHILD IS  AN
 ABUSED  CHILD BY A MEMBER OF THE CLERGY WITHIN TWENTY YEARS PRIOR TO THE
 EFFECTIVE DATE OF THIS SECTION; AND (B) REVIEW WHETHER THEY ARE AWARE OF
 ANY OTHER ALLEGATIONS THAT A CHILD IS AN ABUSED CHILD  ALLEGED  TO  HAVE
 BEEN  ABUSED  BY  A  MEMBER  OF  THE  CLERGY WHO REMAINS ACTIVELY IN THE
 SERVICE OF A RELIGIOUS INSTITUTION, REGARDLESS OF THE DATE ON WHICH SUCH
 ALLEGATION WAS MADE; AND WHERE SUCH INFORMATION OR RECORDS RAISE REASON-
 ABLE CAUSE TO SUSPECT THAT A CHILD IS AN ABUSED CHILD, REPORT SUCH ALLE-
 GATION TO THE DISTRICT ATTORNEY. THIS SECTION SHALL NOT APPLY TO  INFOR-
 MATION  OBTAINED  THROUGH  CONFIDENTIAL  COMMUNICATIONS  WITH CLERGY AND
 PRIVILEGED UNDER LAW AND NO REPORT NEED BE MADE OF ALLEGATIONS AGAINST A
 DECEASED INDIVIDUAL.
   2. THE WILLFUL FAILURE OF AN INDIVIDUAL DEFINED IN  PARAGRAPH  (A)  OF
 SUBDIVISION  ONE  OF SECTION FOUR HUNDRED TWENTY-NINE-A OF THIS TITLE TO
 REVIEW EXISTING RECORDS AND INFORMATION AND REPORT ALLEGATIONS CONTAINED
 THEREIN, AS PROVIDED BY THIS SECTION, SHALL BE A CLASS A MISDEMEANOR.
   § 7. The commissioner of the office of children  and  family  services
 shall  review  the  reporting  form used to report suspected child abuse
 pursuant to section 429-a of  the  social  services  law,  as  added  by
 section  six  of  this act, and, if necessary, shall revise such form to
 make it appropriate for reporting to law enforcement agencies.

 S. 8736--A                         10
 
   § 8. The business corporation law is amended by adding a  new  section
 113 to read as follows:
 § 113. CHILD PROTECTION AND CRIMINAL HISTORY SEARCHES.
   ANY  CORPORATION AS DEFINED BY SECTION ONE HUNDRED TWO OF THIS ARTICLE
 SHALL PERFORM A CRIMINAL HISTORY SEARCH ON ALL INDIVIDUALS THAT MAY WORK
 OR OTHERWISE HAVE REASON IN THEIR DUTIES TO BE ENGAGED  IN  UNSUPERVISED
 ACTIVITIES  WITH CHILDREN UNDER THE AGE OF EIGHTEEN; OR INDIVIDUALS THAT
 MAY PARTICIPATE IN ACTIVITIES WITH CHILDREN UNDER THE AGE OF EIGHTEEN IN
 A SETTING WITHOUT CONSTANT AGENCY OR PARENTAL OVERSIGHT.
   § 9. The not-for-profit corporation law is amended  by  adding  a  new
 section 116 to read as follows:
 § 116. CHILD PROTECTION AND CRIMINAL HISTORY SEARCHES.
   ANY  CORPORATION AS DEFINED BY SECTION ONE HUNDRED TWO OF THIS ARTICLE
 SHALL PERFORM A CRIMINAL HISTORY SEARCH ON ALL INDIVIDUALS THAT MAY WORK
 OR OTHERWISE HAVE REASON IN THEIR DUTIES TO BE ENGAGED  IN  UNSUPERVISED
 ACTIVITIES  WITH CHILDREN UNDER THE AGE OF EIGHTEEN; OR INDIVIDUALS THAT
 MAY PARTICIPATE IN ACTIVITIES WITH CHILDREN UNDER THE AGE OF EIGHTEEN IN
 A SETTING WITHOUT CONSTANT AGENCY OR PARENTAL OVERSIGHT.
   § 10. The religious corporations  law  is  amended  by  adding  a  new
 section 28 to read as follows:
   §  28.  CHILD PROTECTION AND CRIMINAL HISTORY SEARCHES.  ANY RELIGIOUS
 CORPORATION AS DEFINED BY SECTION TWO OF THIS CHAPTER  SHALL  PERFORM  A
 CRIMINAL  HISTORY  SEARCH  ON ALL INDIVIDUALS THAT MAY WORK OR OTHERWISE
 HAVE REASON IN THEIR DUTIES TO BE  ENGAGED  IN  UNSUPERVISED  ACTIVITIES
 WITH CHILDREN UNDER THE AGE OF EIGHTEEN; OR INDIVIDUALS THAT MAY PARTIC-
 IPATE IN ACTIVITIES WITH CHILDREN UNDER THE AGE OF EIGHTEEN IN A SETTING
 WITHOUT CONSTANT AGENCY OR PARENTAL OVERSIGHT.
   §  11.  The  cooperative  corporations  law is amended by adding a new
 section 6 to read as follows:
   § 6. CHILD PROTECTION AND CRIMINAL HISTORY SEARCHES.  ANY  COOPERATIVE
 CORPORATION  AS DEFINED BY SECTION THREE OF THIS ARTICLE SHALL PERFORM A
 CRIMINAL HISTORY SEARCH ON ALL INDIVIDUALS THAT MAY  WORK  OR  OTHERWISE
 HAVE  REASON  IN  THEIR  DUTIES TO BE ENGAGED IN UNSUPERVISED ACTIVITIES
 WITH CHILDREN UNDER THE AGE OF EIGHTEEN; OR INDIVIDUALS THAT MAY PARTIC-
 IPATE IN ACTIVITIES WITH CHILDREN UNDER THE AGE OF EIGHTEEN IN A SETTING
 WITHOUT CONSTANT AGENCY OR PARENTAL OVERSIGHT.
   § 12. Section 14 of part J of chapter 62 of the laws of 2003  amending
 the  county law and other laws relating to fees collected, as amended by
 section 7 of part K of chapter 56 of the laws of  2010,  is  amended  to
 read as follows:
   §  14.  Notwithstanding  the  provisions of any other law: (a) the fee
 collected by the office of court administration  for  the  provision  of
 criminal  history  searches  and  other searches for data kept electron-
 ically by the unified court system  shall  be  sixty-five  dollars;  (b)
 thirty-five dollars of each such fee collected shall be deposited in the
 indigent  legal  services  fund established by section 98-b of the state
 finance law, as added by section twelve of this act, (c) nine dollars of
 each such fee collected shall be deposited in the legal services assist-
 ance fund established by section 98-c of the state finance law, as added
 by section nineteen of this act, (d) sixteen dollars of  each  such  fee
 collected  shall  be  deposited  to the judiciary data processing offset
 fund established by section 94-b of the state finance law, [and] (e) the
 remainder shall be deposited in the general fund[.], AND  (F)  PROVIDED,
 HOWEVER,  IF  A  CRIMINAL HISTORY SEARCH OR OTHER SEARCHES FOR DATA KEPT
 ELECTRONICALLY BY THE UNIFIED COURT SYSTEM IS BEING REQUESTED BY  OR  ON
 THE BEHALF OF A NOT-FOR-PROFIT CORPORATION, TO PERFORM A CRIMINAL HISTO-

 S. 8736--A                         11
 
 RY SEARCH ON AN INDIVIDUAL THAT WOULD BE WORKING WITH CHILDREN UNDER THE
 AGE  OF  EIGHTEEN,  THE OFFICE OF COURT ADMINISTRATION SHALL, SUBJECT TO
 THE APPROVAL OF THE DIRECTOR OF THE BUDGET, ESTABLISH PROTOCOLS TO REIM-
 BURSE  THE  NOT-FOR-PROFIT  CORPORATION  FOR SEARCHES CONDUCTED AND SUCH
 REIMBURSEMENT SHALL COME FROM THE GENERAL FUND. THE DIVISION  OF  BUDGET
 SHALL ALSO PROMULGATE REGULATIONS TO PREVENT NOT-FOR-PROFIT CORPORATIONS
 FROM  OVER UTILIZING THIS REIMBURSEMENT MECHANISM AND TO ASSURE THAT ALL
 REIMBURSED SEARCH FEES ARE USED FOR CRIMINAL HISTORY SEARCHES  OF  POSI-
 TIONS THAT WOULD HAVE DIRECT INTERACTION WITH CHILDREN.
   §  13.  The  provisions  of  this  act  shall be severable, and if any
 clause, sentence, paragraph, subdivision or part of this  act  shall  be
 adjudged  by  any  court  of  competent jurisdiction to be invalid, such
 judgment shall not affect, impair, or invalidate the remainder  thereof,
 but  shall  be  confined in its operation to the clause, sentence, para-
 graph, subdivision or part thereof directly involved in the  controversy
 in which such judgment shall have been rendered.
   §  14.  This  act  shall  take effect on the one hundred eightieth day
 after it shall have become a law.