Bill Text: NY A05654 | 2011-2012 | General Assembly | Introduced
Bill Title: Authorizes the fire chief, upon an application by a person for membership in a fire company, to commence a check of such persons background for a criminal history involving a conviction of any violent sex offense or attempted violent sex offense.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-04 - referred to codes [A05654 Detail]
Download: New_York-2011-A05654-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5654
2011-2012 Regular Sessions
I N A S S E M B L Y
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:
1 Section 1. The section heading and subdivision 1 of section 837-o of
2 the executive law, as added by chapter 423 of the laws of 1999, are
3 amended to read as follows:
4 Search for arson AND SEXUALLY VIOLENT OFFENSE conviction records of
5 volunteer firefighter applicants. 1. Any person who applies for member-
6 ship in a fire company, as such term is defined in section three of the
7 volunteer firefighters' benefit law, or who seeks to transfer as a
8 member to another fire company, shall be required to authorize the
9 submission of his or her name and other authorized identifying informa-
10 tion to the division which shall search its files for records indicating
11 whether the person stands convicted of the crime of arson OR OF ANY
12 SEXUALLY VIOLENT OFFENSE OR ATTEMPTED SEXUALLY VIOLENT OFFENSE AS THOSE
13 TERMS ARE DEFINED IN SUBDIVISION THREE OF SECTION ONE HUNDRED
14 SIXTY-EIGHT-A OF THE CORRECTION LAW. The chief of the fire company to
15 which application is made shall provide written notice to the applicant
16 that a search will be conducted, and if the applicant desires to
17 proceed, he or she shall complete a search request on the form provided
18 for this purpose by the division of criminal justice services.
19 S 2. Paragraphs (a), (b) and (c) of subdivision 3 of section 837-o of
20 the executive law, paragraphs (a) and (c) as added by chapter 423 of the
21 laws of 1999 and paragraph (b) as amended by section 41 of part B of
22 chapter 56 of the laws of 2010, are amended to read as follows:
23 (a) All searches concerning the application for membership in a fire
24 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
1 section eight hundred thirty-seven of this article without the assess-
2 ment of any fee to the applicant or fire company and shall pertain sole-
3 ly to ascertaining whether the applicant stands convicted of arson OR OF
4 A SEXUALLY VIOLENT OFFENSE OR ATTEMPTED SEXUALLY VIOLENT OFFENSE.
5 (b) The results of the search shall be communicated in writing, within
6 ten business days of receipt from the division, to the chief of the fire
7 company from which the search request originated by either the sheriff's
8 department or the office of fire prevention and control, and shall be
9 kept confidential by the chief, except as provided in paragraph (c) of
10 this subdivision. The results of the search shall only state either
11 that: (i) the applicant stands convicted of arson OR A SEXUALLY VIOLENT
12 OFFENSE OR AN ATTEMPTED SEXUALLY VIOLENT OFFENSE, or (ii) the applicant
13 has no record of conviction for arson OR FOR A SEXUALLY VIOLENT OFFENSE
14 OR AN ATTEMPTED SEXUALLY VIOLENT OFFENSE. The results of the search
15 shall not divulge any other information relating to the criminal history
16 of the applicant.
17 (c) At the time an applicant is advised that he or she is ineligible
18 for membership due to a record of conviction for arson OR FOR A SEXUALLY
19 VIOLENT OFFENSE OR FOR AN ATTEMPTED SEXUALLY VIOLENT OFFENSE, he or she
20 shall also be advised of the rights to challenge and appeal the informa-
21 tion contained in the record of conviction as provided in the rules and
22 regulations of the division. The applicant shall continue to be barred
23 from membership until all administrative and judicial challenges to the
24 accuracy of such information or appeals therefrom, are ultimately
25 resolved in his or her favor, or if such a determination is unchal-
26 lenged.
27 S 3. Subdivision 18 of section 10-1006 of the village law, as added by
28 chapter 719 of the laws of 1985, is amended to read as follows:
29 18. A person who has been convicted of arson in any degree OR OF A
30 SEXUALLY VIOLENT OFFENSE OR ATTEMPTED SEXUALLY VIOLENT OFFENSE AS THAT
31 TERM IS DEFINED IN SUBDIVISION THREE OF SECTION ONE HUNDRED
32 SIXTY-EIGHT-A OF THE CORRECTION LAW shall not be eligible to be elected
33 or appointed as a volunteer member of a fire company. The membership of
34 any volunteer member of a fire company shall immediately terminate if he
35 OR SHE is OR HAS BEEN convicted of arson in any degree [while a member
36 of a fire company] OR A SEXUALLY VIOLENT OFFENSE OR AN ATTEMPTED SEXUAL-
37 LY VIOLENT OFFENSE AS THOSE TERMS ARE DEFINED IN SUBDIVISION THREE OF
38 SECTION ONE HUNDRED SIXTY-EIGHT-A OF THE CORRECTION LAW.
39 S 4. Subdivision 19 of section 10-1006 of the village law, as added by
40 chapter 423 of the laws of 1999, is amended to read as follows:
41 19. Upon application by any person for membership in a fire company
42 operating pursuant to this section, the fire chief shall cause the
43 applicant's background to be checked pursuant to section eight hundred
44 thirty-seven-o of the executive law for a criminal history involving a
45 conviction for arson AND FOR ANY SEXUALLY VIOLENT OFFENSE OR ATTEMPTED
46 SEXUALLY VIOLENT OFFENSE AS THOSE TERMS ARE DEFINED IN SUBDIVISION THREE
47 OF SECTION ONE HUNDRED SIXTY-EIGHT-A OF THE CORRECTION LAW.
48 S 5. Section 176-b of the town law is amended by adding a new subdivi-
49 sion 18 to read as follows:
50 18. UPON APPLICATION BY ANY PERSON FOR MEMBERSHIP IN A FIRE COMPANY
51 OPERATING PURSUANT TO THIS SECTION, THE FIRE CHIEF SHALL CAUSE THE
52 APPLICANT'S BACKGROUND TO BE CHECKED PURSUANT TO SECTION EIGHT HUNDRED
53 THIRTY-SEVEN-O OF THE EXECUTIVE LAW FOR A CRIMINAL HISTORY INVOLVING A
54 CONVICTION OF ANY SEXUALLY VIOLENT OFFENSE OR ATTEMPTED SEXUALLY VIOLENT
55 OFFENSE.
A. 5654 3
1 S 6. Paragraph (c) of section 1402 of the not-for-profit corporation
2 law is amended by adding a new subparagraph 6 to read as follows:
3 (6) UPON APPLICATION BY ANY PERSON FOR MEMBERSHIP IN A FIRE CORPO-
4 RATION OPERATING PURSUANT TO THIS SECTION, THE FIRE CHIEF SHALL CAUSE
5 THE APPLICANT'S BACKGROUND TO BE CHECKED PURSUANT TO SECTION EIGHT
6 HUNDRED THIRTY-SEVEN-O OF THE EXECUTIVE LAW FOR A CRIMINAL HISTORY
7 INVOLVING A CONVICTION OF ANY SEXUALLY VIOLENT OFFENSE OR ATTEMPTED
8 SEXUALLY VIOLENT OFFENSE.
9 S 7. This act shall take effect on the one hundred eightieth day after
10 it shall have become a law and shall apply to convictions entered into
11 on or after such effective date; provided, however, that effective imme-
12 diately, the addition, amendment and/or repeal of any rule or regulation
13 necessary for the implementation of this act on its effective date are
14 authorized and directed to be made and completed by the division of
15 criminal justice services and the department of state on or before such
16 effective date.
