Assembly Bill A5544

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5544
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2025
                                ___________
 
 Introduced  by M. of A. JACKSON -- read once and referred to the Commit-
   tee on Correction
 
 AN ACT to amend the social services law, in  relation  to  sex  offender
   registry checks for youth organization volunteers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The social services law is amended by adding a new  section
 378-b to read as follows:
   §  378-B.  SEX  OFFENDER REGISTRY CHECKS FOR YOUTH ORGANIZATION VOLUN-
 TEERS.  1. AS USED IN THIS SECTION:
   (A) "YOUTH ORGANIZATION" MEANS ANY  PUBLIC OR PRIVATE  AGENCY,  ORGAN-
 IZATION,  ASSOCIATION OR GROUP ORGANIZED AND FUNCTIONING, IN WHOLE OR IN
 PART, FOR THE PURPOSE OF    PROVIDING  YOUTH  WITH  THE  OPPORTUNITY  TO
 PARTICIPATE  IN  SUPERVISED  ACTIVITIES,  INCLUDING  BUT  NOT LIMITED TO
 SPORTING, RECREATIONAL, EDUCATIONAL OR  RELIGIOUS  ACTIVITIES.  AS  USED
 HEREIN, "YOUTH ORGANIZATION" SHALL INCLUDE ONLY THOSE ORGANIZATIONS THAT
 USE  VOLUNTEERS  TO  SUPERVISE  YOUTH AND EXCLUDE INSTITUTIONS WHICH ARE
 SANCTIONED BY THE STATE  EDUCATION  DEPARTMENT  TO  PROVIDE  EDUCATIONAL
 INSTRUCTION TO YOUTH.
   (B) "YOUTH" MEANS A PERSON UNDER THE AGE OF EIGHTEEN.
   2. (A) BEFORE ANY PERSON IS PERMITTED TO VOLUNTEER THEIR SERVICES WITH
 A  YOUTH  ORGANIZATION  WHERE  SUCH  PERSON  IS  EXPECTED TO HAVE DIRECT
 CONTACT WITH YOUTH, SUCH YOUTH ORGANIZATION MUST, BY USE OF THE  SPECIAL
 TELEPHONE  NUMBER DESCRIBED IN SECTION ONE HUNDRED SIXTY-EIGHT-P  OF THE
 CORRECTION LAW, REQUEST THAT AN INQUIRY BE MADE  OF  THE  STATEWIDE  SEX
 OFFENDER  REGISTRY OPERATED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES
 TO DETERMINE WHETHER THE PROSPECTIVE VOLUNTEER IS LISTED IN THE REGISTRY
 AS A PERSON WHO MUST REGISTER AS A SEX OFFENDER OR  A  SEXUALLY  VIOLENT
 PREDATOR UNDER ARTICLE SIX-C OF THE CORRECTION LAW.
   (B) NO LATER THAN JANUARY FIRST, TWO THOUSAND TWENTY-SIX, YOUTH ORGAN-
 IZATIONS SHALL CAUSE TO BE CONDUCTED THE STATEWIDE SEX OFFENDER REGISTRY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07498-01-5
              

 A. 5544                             2
 
 INQUIRY  DESCRIBED  IN  PARAGRAPH (A) OF THIS SUBDIVISION FOR ALL ACTIVE
 VOLUNTEERS OF SUCH ORGANIZATION WHERE SUCH VOLUNTEER HAS DIRECT  CONTACT
 WITH  YOUTH.  ANY  SUBSEQUENT  STATEWIDE SEX OFFENDER REGISTRY INQUIRIES
 INITIATED  BY SUCH YOUTH ORGANIZATION SHALL BE MADE AT THE DISCRETION OF
 THE YOUTH ORGANIZATION.
   3. A YOUTH ORGANIZATION, PRIOR TO INITIATING THE STATEWIDE SEX  OFFEN-
 DER  REGISTRY INQUIRY DESCRIBED IN PARAGRAPHS (A) AND (B) OF SUBDIVISION
 TWO OF THIS SECTION, SHALL INFORM THE VOLUNTEER  OR  PERSON  SEEKING  TO
 VOLUNTEER  THEIR SERVICES THAT SUCH INQUIRY WILL BE PERFORMED. THE YOUTH
 ORGANIZATION SHALL PROVIDE THE VOLUNTEER OR  PROSPECTIVE  VOLUNTEER  THE
 OPPORTUNITY  TO  CEASE  SUCH  VOLUNTEER  SERVICES BEFORE SUCH INQUIRY IS
 INITIATED.
   4. A YOUTH ORGANIZATION  IS  PROHIBITED  FROM  PERMITTING  ANY  PERSON
 DETERMINED  TO BE LISTED IN THE STATEWIDE SEX OFFENDER REGISTRY PURSUANT
 TO PARAGRAPHS (A) AND (B) OF SUBDIVISION TWO OF THIS SECTION  TO  VOLUN-
 TEER  THEIR  SERVICES WITH SUCH ORGANIZATION WHERE SUCH PERSON HAS OR IS
 EXPECTED TO HAVE DIRECT CONTACT WITH YOUTH.
   5. THE PROVISIONS  OF  ARTICLE  SIX-C  OF  THE  CORRECTION  LAW  WHICH
 RESTRICT  THE  USE  AND  DISSEMINATION  OF INFORMATION OBTAINED FROM THE
 STATEWIDE SEX OFFENDER REGISTRY SHALL APPLY TO YOUTH ORGANIZATIONS.
   6. A WILLFUL VIOLATION OF ANY OF THE PROVISIONS OF THIS SECTION  SHALL
 SUBJECT  SUCH  ORGANIZATION  TO  A  CIVIL  PENALTY  OF NOT MORE THAN ONE
 HUNDRED DOLLARS PROVIDED, HOWEVER,  THAT  FOR  A  SECOND  OR  SUBSEQUENT
 VIOLATION THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES
 MAY IMPOSE A CIVIL PENALTY OF NOT MORE THAN TWO HUNDRED DOLLARS.
   § 2. This act shall take effect immediately.