BILL NUMBER:S5735

TITLE OF BILL:
An act
to amend the executive law, in relation to
directing the division of criminal justice services to publish
a brochure describing the resources available to the general public
for gathering criminal background information on an individual

PURPOSE OR GENERAL IDEA OF THE BILL:
To give youth services
organizations and the general public a comprehensive overview of the
resources available to them for the purposes of gathering criminal
background information on an individual.

SUMMARY OF SPECIFIC PROVISIONS:
Section one directs the division of
criminal justice services to publish, in writing and on its website,
a brochure describing the resources available to the general public
for the purpose of gathering criminal background information on an
individual. It also provides that the division shall distribute the
brochure at no cost to youth services organizations. Section two
provides for an effective date.

JUSTIFICATION:
The purpose of youth service organizations, such as
              

little leagues and camps, is to provide adult supervised activities
and match children with positive adult role models in order to
enhance their development. When an individual chooses to work in an
environment that will put them in constant contact with children,
they should be subject to a number of criminal background checks to
ensure they are fit to work with children.

As an example, in February of this year, the coach of a Queens little
league team was charged with first and second degree criminal sexual
acts, including the use of a child in a sexual performance, second
degree sexual abuse, and endangering the welfare of a child.
According to law enforcement, in 1989, this same person had been
brought up on charges of sodomy. promoting sexual performance by a
child under 16, and promoting obscene sexual performance by a child
under 16. While this particular individual would not have shown up on
a background check because he was allowed to plead guilty to a lesser
offense, a class A misdemeanor, it highlights the fact that a large
number of people are working with children on a regular basis, and
organizations have no way of knowing whether their past behavior
indicates a threat to children's safety.

There are many resources available to the general public for the
purposes of investigating a person's criminal history. Unfortunately,
many people and organizations are not aware of the extensive
databases available or have questions about using them. This bill
would direct the division to create a brochure that would describe
the available databases, give
directions for their use, and provide a contact for any questions
about using them. This brochure will empower people and organizations


by giving them tools and knowledge they need to better inform
themselves.

PRIOR LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
Minimal.

EFFECTIVE DATE:
This act shall take effect ninety days after it shall
have become law.