Bill S1885C-2013

Prohibits people registered under the sex offender registration act from being a volunteer firefighter

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.

Details

Actions

  • Aug 4, 2014: SIGNED CHAP.198
  • Jul 31, 2014: DELIVERED TO GOVERNOR
  • Jun 16, 2014: returned to senate
  • Jun 16, 2014: passed assembly
  • Jun 16, 2014: ordered to third reading rules cal.121
  • Jun 16, 2014: substituted for a2318d
  • Jun 16, 2014: referred to codes
  • Jun 16, 2014: DELIVERED TO ASSEMBLY
  • Jun 16, 2014: PASSED SENATE
  • Jun 16, 2014: ORDERED TO THIRD READING CAL.1376
  • Jun 16, 2014: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Jun 9, 2014: PRINT NUMBER 1885C
  • Jun 9, 2014: AMEND AND RECOMMIT TO LOCAL GOVERNMENT
  • Jan 8, 2014: REFERRED TO LOCAL GOVERNMENT
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • Jun 20, 2013: referred to codes
  • Jun 20, 2013: RETURNED TO ASSEMBLY
  • Jun 20, 2013: REPASSED SENATE
  • Jun 17, 2013: AMENDED ON THIRD READING 1885B
  • Jun 17, 2013: VOTE RECONSIDERED - RESTORED TO THIRD READING
  • Jun 17, 2013: returned to senate
  • Jun 17, 2013: RECALLED FROM ASSEMBLY
  • May 30, 2013: referred to governmental operations
  • May 30, 2013: DELIVERED TO ASSEMBLY
  • May 30, 2013: PASSED SENATE
  • May 29, 2013: ORDERED TO THIRD READING CAL.805
  • May 29, 2013: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Feb 14, 2013: PRINT NUMBER 1885A
  • Feb 14, 2013: AMEND AND RECOMMIT TO LOCAL GOVERNMENT
  • Jan 9, 2013: REFERRED TO LOCAL GOVERNMENT

Meetings

Calendars

Votes

Memo

BILL NUMBER:S1885C

TITLE OF BILL: An act to amend the town law, the village law and the not-for-profit corporation law, in relation to qualifications to serve as a volunteer firefighter

PURPOSE OR GENERAL IDEA OF BILL:

This bill would require prospective volunteer firefighters to authorize a background check for sex offense convictions if the individual wishes to proceed with his or her application. The bill would also allow individual fire companies to determine if the prospective volunteer shall be eligible to become a volunteer member of such fire company if a sex offense is found.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends subdivisions 1 and 3 of section 837-o of the executive law to require prospective volunteer firefighters to authorize the Division of Criminal Justice Services (DCJS) to search for previous sex offenses, and delineates the prospective volunteer's right to appeal the information contained in the record of conviction.

Sections 2-4: Amend the town law, village law and not-for-profit corporation law to authorize a fire company to determine whether an individual should be eligible to become a volunteer member of such company if his or her criminal history information indicates a previous sex offense.

Section 5: Effective date.

JUSTIFICATION:

Volunteer fire departments should have the ability to keep convicted sex offenders from becoming volunteers. Because of the nature of the job volunteer firefighters are often in situations where children and families are present and most vulnerable due to a fire or medical emergency. Volunteer firefighters frequently participate in community and school activities in which children are present that would give sex offenders unique access to children. In addition, municipalities with volunteer fire departments should not be exposed to potential lawsuits that could come about because of an incident involving a volunteer with a past sexual offender conviction. This bill would allow departments to screen current volunteers for sexual offense convictions and authorizes the termination of any current volunteer with a conviction for sexual offenses.

This legislation has been introduced at the request of, and is supported by, the Fireman's Association of the State of New York.

PRIOR LEGISLATIVE HISTORY:

S.1885-B of 2013: Passed Senate, Died in Assembly Codes S.4931-B of 2012: Passed Senate, Died in Assembly Government Operations S.4931-A of 2011: Died in Senate Codes, Died in Assembly Government Operations

S.3658 of 2010: Died in Senate Finance, Died in Assembly Government Operations S.3658 of 2009: Died in Senate Codes, Died in Assembly Government Operations S.7007 of 2008: Died in Senate Finance A.5721 of 2007: Died in Assembly Government Operations

FISCAL IMPLICATIONS:

None, the background checks already occur for arson convictions, this bill expands the checks to include convictions for other offenses.

EFFECTIVE DATE:

This act shall take effect on the one hundred twentieth day after it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 1885--C 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sens. BONACIC, CARLUCCI, FLANAGAN, GRISANTI, LARKIN, LIBOUS, MARCHIONE, MARTINS, MAZIARZ, O'BRIEN, VALESKY -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged and said bill committed to the Committee on Rules -- reported favorably from said committee, ordered to a third reading, passed by Senate and delivered to the Assembly, recalled, vote recon- sidered, restored to third reading, amended and ordered reprinted, retaining its place in the order of third reading -- recommitted to the Committee on Local Government in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the town law, the village law and the not-for-profit corporation law, in relation to qualifications to serve as a volunteer firefighter THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 837-o of the executive law, as added by chapter 423 of the laws of 1999, subdivision 2 and paragraph (b) of subdivision 3 as amended by section 41 of part B of chapter 56 of the laws of 2010, is amended to read as follows: S 837-o. Search for arson AND SEX OFFENSE conviction records of volun- teer firefighter applicants. 1. Any person who applies for membership in a fire company, as such term is defined in section three of the volun- teer 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 information to the division which shall search its files for records indicating whether the person stands convicted of the crime of arson OR A CRIME WHICH REQUIRES THE PERSON TO REGISTER AS A SEX OFFENDER UNDER ARTICLE SIX-C 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. 2. Within ten business days of receipt from the applicant, the chief of the fire company shall send the completed search request form to either (i) the sheriff's department of the county in which the fire company is located, or (ii) the office of fire prevention and control, as follows: (a) the sheriff's department of the county in which the fire company is located shall be responsible for receiving the search requests and processing the search requests with the division within ten business days of receipt from the chief of the fire company, unless the county legislative body adopts and files with the office of fire prevention and control pursuant to the municipal home rule law a local law providing that the sheriff's department shall not have such responsibility; (b) in all other instances where a county legislative body has adopted a local law pursuant to paragraph (a) of this subdivision, the office of fire prevention and control shall be responsible for receiving search requests and forwarding the search requests to the division. The office of fire prevention and control is hereby authorized to estab- lish a communication network with the division for the purpose of forwarding search requests and receiving search results pursuant to paragraph (b) of this subdivision. 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 OR A CRIME WHICH REQUIRES THE PERSON TO REGISTER AS A SEX OFFENDER UNDER ARTICLE SIX-C OF THE CORRECTION LAW. (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 AND/OR A CRIME WHICH REQUIRES THE PERSON TO REGISTER AS A SEX OFFENDER UNDER ARTICLE SIX-C OF THE CORRECTION LAW, or (ii) the applicant has no record of conviction for arson OR A CRIME WHICH REQUIRES THE PERSON TO REGISTER AS A SEX OFFENDER UNDER ARTICLE SIX-C OF THE CORRECTION LAW. 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, 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 regu- lations of the division. The applicant shall continue to be barred from membership until all administrative and judicial challenges to the accu- racy of such information or appeals therefrom, are ultimately resolved in his or her favor, or if such a determination is unchallenged. (D) IF A PERSON IS DENIED ELECTION OR APPOINTMENT AS A VOLUNTEER MEMBER OF A FIRE COMPANY BASED IN WHOLE OR IN PART ON THE FACT THAT HE OR SHE STANDS CONVICTED OF A CRIME WHICH REQUIRES THE PERSON TO REGISTER AS A SEX OFFENDER UNDER ARTICLE SIX-C OF THE CORRECTION LAW, HE OR SHE SHALL BE ADVISED BY THE FIRE COMPANY 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, AND PROVIDED BY THE FIRE COMPANY WITH A COPY OF THE CRIMINAL HISTORY RECORD RECEIVED BY THE FIRE COMPANY AND WITH A COPY OF SECTIONS SEVEN HUNDRED FIFTY-TWO AND SEVEN HUNDRED FIFTY-THREE OF THE CORRECTION LAW. S 2. 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: 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 AND CONVICTION OF A CRIME WHICH REQUIRES THE PERSON TO REGISTER AS A SEX OFFENDER UNDER ARTICLE SIX-C OF THE CORRECTION LAW. WHERE SUCH CRIMINAL HISTORY INFORMATION INCLUDES CONVICTION OF A CRIME WHICH REQUIRES THE PERSON TO REGISTER AS A SEX OFFENDER UNDER ARTICLE SIX-C OF THE CORRECTION LAW, A FIRE COMPANY SHALL DETERMINE WHETHER OR NOT SUCH PERSON SHALL BE ELIGIBLE TO BE ELECTED OR APPOINTED AS A VOLUN- TEER MEMBER OF SUCH FIRE COMPANY. SUCH DETERMINATION SHALL BE MADE IN ACCORDANCE WITH THE CRITERIA ESTABLISHED IN SECTIONS SEVEN HUNDRED FIFTY-TWO AND SEVEN HUNDRED FIFTY-THREE OF THE CORRECTION LAW. S 3. 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 CONVICTION OF A CRIME WHICH REQUIRES THE PERSON TO REGISTER AS A SEX OFFENDER UNDER ARTICLE SIX-C OF THE CORRECTION LAW. WHERE SUCH CRIMINAL HISTORY INFORMATION INCLUDES CONVICTION OF A CRIME WHICH REQUIRES THE PERSON TO REGISTER AS A SEX OFFENDER UNDER ARTICLE SIX-C OF THE CORRECTION LAW, A FIRE COMPANY SHALL DETERMINE WHETHER OR NOT SUCH PERSON SHALL BE ELIGIBLE TO BE ELECTED OR APPOINTED AS A VOLUN- TEER MEMBER OF SUCH FIRE COMPANY. SUCH DETERMINATION SHALL BE MADE IN ACCORDANCE WITH THE CRITERIA ESTABLISHED IN SECTIONS SEVEN HUNDRED FIFTY-TWO AND SEVEN HUNDRED FIFTY-THREE OF THE CORRECTION LAW. S 4. 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 AND CONVICTION OF A CRIME WHICH REQUIRES THE PERSON TO REGISTER AS A SEX OFFENDER UNDER ARTICLE SIX-C OF THE CORRECTION LAW. WHERE SUCH CRIMINAL HISTORY INFORMATION INCLUDES CONVICTION OF A CRIME WHICH REQUIRES THE PERSON TO REGISTER AS A SEX OFFENDER UNDER ARTICLE SIX-C OF THE CORRECTION LAW, A FIRE COMPANY SHALL DETERMINE WHETHER OR NOT SUCH PERSON SHALL BE ELIGIBLE TO BE ELECTED OR APPOINTED AS A VOLUNTEER MEMBER OF SUCH FIRE COMPANY. SUCH DETERMINATION SHALL BE MADE IN ACCORDANCE WITH THE CRITERIA ESTABLISHED IN SECTIONS SEVEN HUNDRED FIFTY-TWO AND SEVEN HUNDRED FIFTY-THREE OF THE CORRECTION LAW. S 5. This act shall take effect on the one hundred twentieth day after it shall have become a law.

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