Prohibits people registered under the sex offender registration act from being a volunteer firefighter; provides that a conviction that requires registration under the sex offender registration act shall result in an immediate disqualification as a member.

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A3523-2011 Actions

• May 21, 2012: print number 3523a
• May 21, 2012: print number 3523b
• May 21, 2012: amend (t) and recommit to governmental operations
• Jan 4, 2012: referred to governmental operations
• Jun 6, 2011: print number 3523a
• Jun 6, 2011: amend (t) and recommit to governmental operations
• Jan 25, 2011: referred to governmental operations

A3523-2011 Text

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

                                    3523

                         2011-2012 Regular Sessions

                            I N  ASSEMBLY

                              January 25, 2011
                                 ___________

  Introduced  by  M.  of  A.  REILLY,  SPANO,  N. RIVERA  -- read once and
    referred to the Committee on Governmental Operations

  AN ACT to amend the executive law,  the  village  law  and  the  general
    municipal  law,  in  relation  to criminal background checks for fire-
    fighters and emergency medical services personnel

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


    Section  1.  The section heading and subdivision 1 of section 837-o of
  the executive law, as added by chapter 423  of  the  laws  of  1999,  is
  amended to read as follows:

    Search for arson AND SEX OFFENSE conviction records of volunteer fire-
  fighter  applicants.  1. Any person who applies for membership in a fire
  company, as such term is defined in section three of the volunteer fire-
  fighters' benefit law, or who seeks to transfer as a member  to  another
  fire  company,  shall  be required to authorize the submission of his or
  her name and other authorized identifying information  to  the  division
  which  shall  search its files for records indicating whether the person
  stands convicted of the  crime  of  arson  OR  OF  ANY  SEX  OFFENSE  OR
  ATTEMPTED  SEX  OFFENSE  AS DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE
  PENAL LAW. The chief of the fire company to which  application  is  made
  shall  provide  written  notice  to  the applicant that a search will be
  conducted, and if the applicant desires to  proceed,  he  or  she  shall
  complete  a  search request on the form provided for this purpose by the
  division of criminal justice services.
    S 2. Subdivision 3 of section 837-o of the executive law, as added  by
  chapter  423 of the laws of 1999, paragraph (b) as amended by section 41
  of part B of chapter 56 of the laws of  2010,  is  amended  to  read  as
  follows:

    3.  (a)  All  searches  concerning the application for membership in a
  fire company shall be conducted under the provisions of subdivision  six
  of  section  eight  hundred  thirty-seven  of  this  article without the

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD05389-01-1

 A. 3523                             2

  assessment of any fee to the applicant or fire company and shall pertain
  solely to ascertaining whether the applicant stands convicted  of  arson
  OR OF A SEX OFFENSE OR ATTEMPTED SEX OFFENSE.
    (b) The results of the search shall be communicated in writing, within
  ten business days of receipt from the division, to the chief of the fire
  company from which the search request originated by either the sheriff's
  department  or  the  office of fire prevention and control, and shall be
  kept confidential by the chief, except as provided in paragraph  (c)  of
  this  subdivision.  The  results  of  the search shall only state either
  that: (i) the applicant stands convicted of arson OR A SEX OFFENSE OR AN
  ATTEMPTED SEX OFFENSE, or (ii) the applicant has no record of conviction
  for arson OR FOR A SEX OFFENSE OR FOR AN ATTEMPTED  SEX  OFFENSE.    The
  results  of  the search shall not divulge any other information relating
  to the criminal history of the applicant.
    (c) At the time an applicant is advised that he or she  is  ineligible
  for  membership  due  to  a  record of conviction for arson OR FOR A SEX
  OFFENSE OR FOR AN ATTEMPTED SEX OFFENSE, he or she shall also be advised
  of the rights to challenge and appeal the information contained  in  the
  record  of  conviction  as  provided in the rules and regulations of the
  division. The applicant shall continue  to  be  barred  from  membership
  until all administrative and judicial challenges to the accuracy of such
  information  or appeals therefrom, are ultimately resolved in his or her
  favor, or if such a determination is unchallenged.
    S 3. Subdivision 18 of section 10-1006 of the village law, as added by
  chapter 719 of the laws of 1985, is amended to read as follows:

    18. A person who has been convicted of arson in any degree OR OF A SEX
  OFFENSE OR ATTEMPTED SEX OFFENSE AS DEFINED IN ARTICLE ONE HUNDRED THIR-
  TY OF THE PENAL LAW shall not be eligible to be elected or appointed  as
  a  volunteer  member  of a fire company. The membership of any volunteer
  member of a fire company shall immediately terminate if  he  is  OR  HAS
  BEEN convicted of arson in any degree [while a member of a fire company]
  OR  A  SEX OFFENSE OR AN ATTEMPTED SEX OFFENSE AS DEFINED IN ARTICLE ONE
  HUNDRED THIRTY OF THE PENAL LAW.
    S 4. Subdivision 19 of section 10-1006 of the village law, as added by
  chapter 423 of the laws of 1999, is amended to read as follows:

    19. Upon application by any person for membership in  a  fire  company
  operating  pursuant  to  this  section,  the  fire chief shall cause the
  applicant's background to be checked pursuant to section  eight  hundred
  thirty-seven-o  of  the executive law for a criminal history involving a
  conviction for arson AND FOR ANY SEX OFFENSE OR ATTEMPTED SEX OFFENSE AS
  DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW.
    S 5. Section 122-b of the general municipal law is amended by adding a
  new subdivision 6 to read as follows:

    6. ANY MEMBER OF A VOLUNTEER AMBULANCE COMPANY  OR  EMERGENCY  MEDICAL
  SERVICE  ORGANIZATION  SHALL  BE  SUBJECT TO A CRIMINAL BACKGROUND CHECK
  PURSUANT TO SECTION EIGHT HUNDRED THIRTY-SEVEN-O OF  THE  EXECUTIVE  LAW
  FOR  A  CRIMINAL  HISTORY  INVOLVING A CONVICTION FOR ANY SEX OFFENSE OR
  ATTEMPTED SEX OFFENSE AS THOSE TERMS ARE DEFINED IN SUBDIVISIONS TWO AND
  THREE OF SECTION ONE HUNDRED SIXTY-EIGHT-A OF THE  CORRECTION  LAW.  THE
  SHERIFF  OF  ANY  COUNTY  IN  WHICH SUCH EMERGENCY SERVICES ARE PROVIDED
  SHALL BE RESPONSIBLE FOR RECEIVING THE SEARCH  REQUESTS  AND  PROCESSING
  THE SEARCH REQUESTS WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES WITH-
  IN  TEN BUSINESS DAYS OF RECEIPT FROM THE AMBULANCE OR EMERGENCY MEDICAL
  SERVICES COMPANY. A PERSON WHO HAS BEEN CONVICTED OF A  SEX  OFFENSE  OR
  ATTEMPTED  SEX  OFFENSE  AS DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE
  PENAL LAW SHALL NOT BE ELIGIBLE TO BE ELECTED OR APPOINTED AS  A  VOLUN-

 A. 3523                             3

  TEER MEMBER OF AN AMBULANCE COMPANY OR EMERGENCY MEDICAL SERVICES ORGAN-
  IZATION.  THE  MEMBERSHIP OF ANY MEMBER OF AN AMBULANCE COMPANY OR EMER-
  GENCY MEDICAL SERVICES ORGANIZATION SHALL IMMEDIATELY TERMINATE IF HE OR
  SHE  IS  OR  HAS  BEEN  CONVICTED  OF  A SEX OFFENSE OR AN ATTEMPTED SEX
  OFFENSE AS THOSE TERMS ARE DEFINED IN ARTICLE ONE HUNDRED THIRTY OF  THE
  PENAL LAW.
    S 6. This act shall take effect immediately.