A5654-2011 Actions

• Jan 4, 2012: referred to codes
• Feb 24, 2011: referred to codes

A5654-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         5654
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 February 24, 2011
 
 Introduced by M. of A. MURRAY -- read once and referred to the Committee
 on Codes
 

AN ACT to amend the executive law, the village law, the town law and the
 not-for-profit  corporation  law, in relation to searches for sexually
 violent offense convictions for firefighters
 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  AND SEXUALLY VIOLENT OFFENSE conviction records of
 volunteer firefighter applicants. 1. Any person who applies for  member
 ship  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  company,  shall  be required to authorize the
 submission of his or her name and other authorized identifying  informa
 tion to the division which shall search its files for records indicating
 whether  the  person  stands  convicted  of the crime of arson OR OF ANY
 SEXUALLY VIOLENT OFFENSE OR ATTEMPTED SEXUALLY VIOLENT OFFENSE AS  THOSE
 TERMS   ARE   DEFINED  IN  SUBDIVISION  THREE  OF  SECTION  ONE  HUNDRED
 SIXTY-EIGHT-A OF THE CORRECTION 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. Paragraphs (a), (b) and (c) of subdivision 3 of section 837-o  of
 the executive law, paragraphs (a) and (c) as added by chapter 423 of the
 laws  of  1999  and  paragraph (b) as amended by section 41 of part B of
 chapter 56 of the laws of 2010, are amended to read as follows:

 (a) All searches concerning the application for membership in  a  fire
 company  shall  be  conducted under the provisions of subdivision six of
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04933-01-1
 
       A. 5654                             2
 section eight hundred thirty-seven of this article without  the  assess
 ment of any fee to the applicant or fire company and shall pertain sole
 ly to ascertaining whether the applicant stands convicted of arson OR OF
 A SEXUALLY VIOLENT OFFENSE OR ATTEMPTED SEXUALLY VIOLENT 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 SEXUALLY  VIOLENT
 OFFENSE  OR AN ATTEMPTED SEXUALLY VIOLENT OFFENSE, or (ii) the applicant
 has no record of conviction for arson OR FOR A SEXUALLY VIOLENT  OFFENSE
 OR  AN  ATTEMPTED  SEXUALLY  VIOLENT  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 SEXUALLY
 VIOLENT  OFFENSE OR FOR AN ATTEMPTED SEXUALLY VIOLENT OFFENSE, he or she
 shall also be advised of the rights to challenge and appeal the informa
 tion 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  unchal
 lenged.
 

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
 SEXUALLY VIOLENT OFFENSE OR ATTEMPTED SEXUALLY VIOLENT OFFENSE  AS  THAT
 TERM   IS   DEFINED   IN   SUBDIVISION  THREE  OF  SECTION  ONE  HUNDRED
 SIXTY-EIGHT-A OF THE CORRECTION 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
 OR SHE is OR HAS BEEN convicted of arson in any degree [while  a  member
 of a fire company] OR A SEXUALLY VIOLENT OFFENSE OR AN ATTEMPTED SEXUAL
 LY  VIOLENT  OFFENSE  AS THOSE TERMS ARE DEFINED IN SUBDIVISION THREE OF
 SECTION ONE HUNDRED SIXTY-EIGHT-A OF THE CORRECTION 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 SEXUALLY VIOLENT OFFENSE  OR  ATTEMPTED
 SEXUALLY VIOLENT OFFENSE AS THOSE TERMS ARE DEFINED IN SUBDIVISION THREE
 OF SECTION ONE HUNDRED SIXTY-EIGHT-A OF THE CORRECTION LAW.
 

S 5.

Section 176-b of the town law is amended by adding a new subdivi
 sion 18 to read as follows:

 18.  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 OF ANY SEXUALLY VIOLENT OFFENSE OR ATTEMPTED SEXUALLY VIOLENT
 OFFENSE.
 
       A. 5654                             3
 

S  6.  Paragraph (c) of section 1402 of the not-for-profit corporation
 law is amended by adding a new subparagraph 6 to read as follows:

 (6)  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  OF  ANY  SEXUALLY VIOLENT OFFENSE OR ATTEMPTED
 SEXUALLY VIOLENT OFFENSE.
 

S 7. This act shall take effect on the one hundred eightieth day after
 it shall have become a law and shall apply to convictions  entered  into
 on or after such effective date; provided, however, that effective imme
 diately, the addition, amendment and/or repeal of any rule or regulation
 necessary  for  the implementation of this act on its effective date are
 authorized and directed to be made and  completed  by  the  division  of
 criminal  justice services and the department of state on or before such
 effective date.

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