A3523A-2011 - NY Senate Open Legislation - Provides for searches of conviction records of volunteer firefighters and emergency medical technicians

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.

Sponsor: Reilly

Multi-sponsor(s): Miller D, Rabbitt, Rivera P

Co-sponsor(s): Latimer, Rivera N, Burling, Thiele, Goodell, Gunther

Committee: GOVERNMENTAL OPERATIONS
Law Section: Executive Law
Law: Amd S837-o, Exec L; amd S10-1006, Vil L; amd S122-b, Gen Muni L

A3523A-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

A3523A-2011 Text


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

                                   3523--A

                         2011-2012 Regular Sessions

                            I N  ASSEMBLY

                              January 25, 2011
                                 ___________

  Introduced  by  M.  of  A. REILLY, LATIMER, SPANO, N. RIVERA, BURLING --
    Multi-Sponsored by -- M. of A. HAYES,  D. MILLER,  P. RIVERA  --  read
    once  and  referred  to  the  Committee  on Governmental Operations --
    committee discharged, bill amended, ordered reprinted as  amended  and
    recommitted to said committee

  AN  ACT  to  amend the executive law, the town law, the village law, the
    not-for-profit corporation law  and  the  general  municipal  law,  in
    relation  to criminal background checks for firefighters 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,  are
  amended to read as follows:

    Search  for [arson] conviction records of volunteer firefighter appli-
  cants. 1. Any person who applies for membership in a  fire  company,  as
  such  term  is  defined  in section three of the volunteer firefighters'
  benefit law, or who seeks to transfer as a member to another fire compa-
  ny, 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] A CRIMINAL OFFENSE.  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:


   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD05389-02-1

 A. 3523--A                          2

    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
  assessment of any fee to the applicant or fire company and shall pertain
  solely to ascertaining whether the applicant stands convicted of [arson]
  A CRIMINAL 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 (ii) the applicant
  has no record of conviction for arson.  The results of the search  shall
  not  divulge  any  other information relating to the criminal history of
  the applicant.]
    (c) UPON CONDUCTING A REVIEW  OF  THE  DIVISION  OF  CRIMINAL  JUSTICE
  SERVICES RECORDS, THE CHIEF SHALL MAKE A DETERMINATION AS TO WHETHER THE
  APPLICANT  IS  ELIGIBLE TO BE ELECTED OR APPOINTED AS A VOLUNTEER MEMBER
  OF A FIRE COMPANY. A CONVICTION OF ARSON IN ANY  DEGREE,  A  FELONY  SEX
  OFFENSE  OR  THE MISDEMEANORS OF SEXUAL MISCONDUCT, FORCIBLE TOUCHING OR
  SEXUAL ABUSE IN THE SECOND DEGREE SHALL RESULT IN AN IMMEDIATE DISQUALI-
  FICATION AS A MEMBER AND A CONVICTION FOR  ANY  OTHER  CRIMINAL  OFFENSE
  SHALL  RESULT IN A DISQUALIFICATION IF IT IS DETERMINED TO BE RELATED TO
  HIS OR HER FITNESS TO SERVE AS A VOLUNTEER  MEMBER  OF  A  FIRE  COMPANY
  UPON,  AMONG  OTHER THINGS, CONSIDERATION OF THE FACTORS SET FORTH UNDER
  SECTION SEVEN HUNDRED FIFTY-THREE OF THE CORRECTION LAW. At the time  an
  applicant  is advised that he or she is ineligible for membership due to
  a record of conviction [for arson], 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  16  of  section 176-b of the town law, as added by
  chapter 719 of the laws of 1985, is amended to read as follows:

    16. A person who has been convicted of arson in any degree,  A  FELONY
  SEX  OFFENSE OR THE MISDEMEANORS OF SEXUAL MISCONDUCT, FORCIBLE TOUCHING
  OR SEXUAL ABUSE IN THE SECOND DEGREE shall not be eligible to be elected
  or appointed as a volunteer member of a fire company. A PERSON  WHO  HAS
  BEEN CONVICTED OF ANY OTHER CRIMINAL OFFENSE SHALL NOT BE ELIGIBLE TO BE
  ELECTED  OR  APPOINTED  AS  A  VOLUNTEER MEMBER OF A FIRE COMPANY IF THE
  OFFENSE IS RELATED TO HIS OR HER FITNESS TO SERVE AS A VOLUNTEER  MEMBER
  UPON,  AMONG  OTHER THINGS, CONSIDERATION OF THE FACTORS SET FORTH UNDER
  SECTION SEVEN HUNDRED FIFTY-THREE OF THE CORRECTION LAW. The  membership
  of any volunteer member of a fire company shall immediately terminate if
  he  OR  SHE is convicted of arson in any degree, A FELONY SEX OFFENSE OR
  THE MISDEMEANORS OF SEXUAL MISCONDUCT, FORCIBLE TOUCHING OR SEXUAL ABUSE
  IN THE SECOND DEGREE while a member of a fire company AND  SUCH  MEMBER-
  SHIP SHALL BE TERMINATED IF HE OR SHE IS CONVICTED OF AN OFFENSE THAT IS
  RELATED TO HIS OR HER FITNESS TO SERVE AS A VOLUNTEER MEMBER UPON, AMONG
  OTHER THINGS, CONSIDERATION OF THE FACTORS SET FORTH UNDER SECTION SEVEN
  HUNDRED FIFTY-THREE OF THE CORRECTION LAW.
    S  4.  Subdivision  17  of  section 176-b of the town law, as added by
  chapter 423 of the laws of 1999, is amended to read as follows:


 A. 3523--A                          3

    17. 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] OF A CRIMINAL OFFENSE.
    S 5. 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, A FELONY
  SEX OFFENSE, OR THE MISDEMEANORS OF SEXUAL MISCONDUCT, FORCIBLE TOUCHING
  OR SEXUAL ABUSE IN THE SECOND DEGREE shall not be eligible to be elected
  or appointed as a volunteer member of a fire company. A PERSON  WHO  HAS
  BEEN CONVICTED OF ANY OTHER CRIMINAL OFFENSE SHALL NOT BE ELIGIBLE TO BE
  ELECTED  OR  APPOINTED  AS  A  VOLUNTEER MEMBER OF A FIRE COMPANY IF THE
  OFFENSE IS RELATED TO HIS OR HER FITNESS TO SERVE AS A VOLUNTEER  MEMBER
  UPON,  AMONG  OTHER THINGS, CONSIDERATION OF THE FACTORS SET FORTH UNDER
  SECTION SEVEN HUNDRED FIFTY-THREE OF THE CORRECTION LAW. The  membership
  of any volunteer member of a fire company shall immediately terminate if
  he  OR  SHE is convicted of arson in any degree, A FELONY SEX OFFENSE OR
  THE MISDEMEANORS OF SEXUAL MISCONDUCT, FORCIBLE TOUCHING OR SEXUAL ABUSE
  IN THE SECOND DEGREE while a member of a fire company AND  SUCH  MEMBER-
  SHIP SHALL BE TERMINATED IF HE OR SHE IS CONVICTED OF AN OFFENSE THAT IS
  RELATED TO HIS OR HER FITNESS TO SERVE AS A VOLUNTEER MEMBER UPON, AMONG
  OTHER THINGS, CONSIDERATION OF THE FACTORS SET FORTH UNDER SECTION SEVEN
  HUNDRED FIFTY-THREE OF THE CORRECTION LAW.
    S 6. 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] OF A CRIMINAL OFFENSE.
    S  7.  Subparagraph 4 of paragraph (c) of section 1402 of the not-for-
  profit corporation law, as added by chapter 719 of the laws of 1985,  is
  amended to read as follows:

    (4)  A  person who has been convicted of arson in any degree, A FELONY
  SEX OFFENSE OR THE MISDEMEANORS OF SEXUAL MISCONDUCT, FORCIBLE  TOUCHING
  OR  SEXUAL  ABUSE IN THE SECOND DEGREE shall not be eligible to be named
  in the certificate of incorporation of a  fire  corporation,  or  to  be
  elected  or  appointed  as  a volunteer member of a fire corporation.  A
  PERSON WHO HAS BEEN CONVICTED OF ANY OTHER CRIMINAL OFFENSE SHALL NOT BE
  ELIGIBLE TO BE NAMED IN THE  CERTIFICATE  OF  INCORPORATION  OF  A  FIRE
  CORPORATION  OR  TO  BE  ELECTED OR APPOINTED AS A VOLUNTEER MEMBER OF A
  FIRE CORPORATION IF THE OFFENSE IS RELATED TO  HIS  OR  HER  FITNESS  TO
  SERVE  AS  A VOLUNTEER MEMBER UPON, AMONG OTHER THINGS, CONSIDERATION OF
  THE FACTORS SET FORTH UNDER SECTION SEVEN  HUNDRED  FIFTY-THREE  OF  THE
  CORRECTION  LAW. The membership of any volunteer member of a fire corpo-
  ration shall immediately terminate if he OR SHE is convicted of arson in
  any degree, A FELONY SEX OFFENSE OR THE MISDEMEANORS OF  SEXUAL  MISCON-
  DUCT,  FORCIBLE  TOUCHING  OR  SEXUAL ABUSE IN THE SECOND DEGREE while a
  member of a fire corporation AND SUCH MEMBERSHIP SHALL BE TERMINATED  IF
  HE  OR  SHE  IS  CONVICTED  OF  AN OFFENSE THAT IS RELATED TO HIS OR HER
  FITNESS TO SERVE AS A VOLUNTEER MEMBER UPON, AMONG OTHER THINGS, CONSID-
  ERATION OF THE FACTORS SET FORTH UNDER SECTION SEVEN HUNDRED FIFTY-THREE
  OF THE CORRECTION LAW.

 A. 3523--A                          4

    S 8. Subparagraph 5 of paragraph (c) of section 1402 of  the  not-for-
  profit  corporation law, as added by chapter 423 of the laws of 1999, is
  amended to read as follows:

    (5)  Upon  application  by  any person for membership in a fire corpo-
  ration 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] OF A CRIMINAL OFFENSE.
    S 9. 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.
  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 AN OFFENSE THAT IS
  RELATED TO HIS OR HER FITNESS TO SERVE AS A MEMBER OF A VOLUNTEER  AMBU-
  LANCE  COMPANY  MAY BE FOUND TO BE INELIGIBLE TO BE ELECTED OR APPOINTED
  AS A VOLUNTEER MEMBER OF  AN  AMBULANCE  COMPANY  OR  EMERGENCY  MEDICAL
  SERVICES ORGANIZATION.
    S 10. This act shall take effect immediately.

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A3523A-2011: Provides for searches of conviction records of volunteer firefighters and emergency medical technicians

A3523A-2011 Actions

A3523A-2011 Text

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