S T A T E   O F   N E W   Y O R K
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                                  1608

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. ZEBROWSKI, BENEDETTO, CARROZZA, JAFFEE -- Multi-
  Sponsored by -- M. of A. BARRA, BOYLAND, GORDON, HOOPER, KOON, MAISEL,
  REILLY, TITONE -- read once and referred to the Committee  on  Govern-
  mental Operations

AN  ACT  to  amend  the  social  services  law and the executive law, in
  relation to permitting free of charge  access  to  certain  conviction
  records by chapters of Big Brothers/Big Sisters of America, Inc.

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The social services law is amended by adding a new  section
378-b to read as follows:
  S  378-B.  ACCESS  TO CONVICTION RECORDS BY NEW YORK STATE CHAPTERS OF
BIG BROTHERS/BIG SISTERS OF AMERICA, INC.  1. ANY NEW  YORK  CHAPTER  OF
BIG  BROTHERS/BIG  SISTERS OF AMERICA, INC., WHICH IS A VOLUNTARY ORGAN-
IZATION ORGANIZED UNDER THE NOT-FOR-PROFIT CORPORATION LAW,  MAY  OBTAIN
FROM  THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES, THE NEW YORK STATE
CONVICTION RECORD OR THE  FEDERAL  BUREAU  OF  INVESTIGATION  CONVICTION
RECORD  FOR  A    VOLUNTEER  OR  PROSPECTIVE  VOLUNTEER, FREE OF CHARGE,
SUBJECT TO THE FOLLOWING RESTRICTIONS:
  A. SUCH CHAPTERS SHALL OBTAIN SUCH CONVICTION RECORD ONLY  FOR  VOLUN-
TEERS  OR  PROSPECTIVE  VOLUNTEERS WHO HAVE DIRECT CONTACT WITH CHILDREN
SERVED BY SUCH CHAPTER;
  B. SUCH CHAPTER SHALL DESIGNATE ONE INDIVIDUAL TO REQUEST, RECEIVE AND
REVIEW SUCH CONVICTION RECORD, AND ONLY  SUCH  DESIGNATED  PERSON  SHALL
HAVE  ACCESS TO SUCH RECORD. SUCH CHAPTER SHALL REGISTER SUCH DESIGNATED
INDIVIDUAL WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES; AND
  C. SUCH DESIGNATED AND REGISTERED  INDIVIDUAL  IN  EACH  SUCH  CHAPTER
SHALL MARK SUCH CONVICTION RECORD "CONFIDENTIAL" UPON RECEIPT, AND SHALL
MAINTAIN  AT ALL TIMES SUCH CONVICTION RECORD IN A SECURE PLACE IN ORDER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02467-01-9
              

A. 1608                             2

TO INSURE CONFIDENTIALITY. A PERSON  WHO  VIOLATES  THE  CONFIDENTIALITY
REQUIRED BY THIS SUBDIVISION SHALL BE GUILTY OF A CLASS E FELONY.
  2. BEFORE REQUESTING SUCH CONVICTION RECORD FROM THE DIVISION OF CRIM-
INAL JUSTICE SERVICES, SUCH CHAPTER SHALL:
  A.  INFORM ANY VOLUNTEER OR PROSPECTIVE VOLUNTEER THAT A REQUEST FOR A
CONVICTION RECORD AND A REVIEW THEREOF IS REQUIRED  IN  ORDER  FOR  SUCH
VOLUNTEER  TO  CONTINUE  IN  THE  SAME  VOLUNTEER  CAPACITY  OR FOR SUCH
PROSPECTIVE VOLUNTEER TO BE ACCEPTED BY SUCH CHAPTER;
  B. INFORM SUCH VOLUNTEER OR PROSPECTIVE  VOLUNTEER  THAT  BEFORE  SUCH
CHAPTER  MAKES  A  REQUEST  FOR  CONVICTION  RECORDS,  SUCH VOLUNTEER OR
PROSPECTIVE VOLUNTEER HAS THE RIGHT TO OBTAIN AND REVIEW HIS OR HER  OWN
CONVICTION  RECORD, PURSUANT TO THE PROCEDURES OF THE DIVISION OF CRIMI-
NAL JUSTICE SERVICES;
  C. OBTAIN THE INFORMED SIGNATURE  OF  SUCH  VOLUNTEER  OR  PROSPECTIVE
VOLUNTEER  ON  A  FORM  PROVIDED  BY  THE  DIVISION  OF CRIMINAL JUSTICE
SERVICES WHICH INDICATES THAT SUCH VOLUNTEER  OR  PROSPECTIVE  VOLUNTEER
HAS:
  I. BEEN INFORMED OF THE RIGHT TO REVIEW HIS OR HER OWN RECORDS;
  II. EXERCISED OR WAIVED SUCH RIGHT TO REVIEW HIS OR HER OWN RECORDS;
  III.  BEEN  INFORMED  OF  THE  REASON  FOR SUCH REQUEST FOR HIS OR HER
CONVICTION RECORD; AND
  IV. CONSENTED TO SUCH REQUEST; AND
  D. OBTAIN FINGERPRINTS FROM SUCH VOLUNTEER OR  PROSPECTIVE  VOLUNTEER,
PURSUANT TO THE PROCEDURES OF THE DIVISION OF CRIMINAL JUSTICE SERVICES.
  3.  A PROSPECTIVE VOLUNTEER MAY WITHDRAW FROM THE APPLICATION PROCESS,
WHETHER OR NOT HE OR SHE HAS HAD ACCESS TO HIS OR HER CONVICTION  RECORD
AND  WHETHER OR NOT SUCH RECORD HAS BEEN RECEIVED BY SUCH CHAPTER, WITH-
OUT PREJUDICE. IF THE CONVICTION RECORD OF  SUCH  PROSPECTIVE  VOLUNTEER
HAS BEEN RECEIVED BY SUCH CHAPTER, THE PERSON DESIGNATED BY SUCH CHAPTER
TO HAVE ACCESS TO CONVICTION RECORDS SHALL DESTROY SUCH RECORD.
  4.  THE  CONVICTION  RECORD  OF  A VOLUNTEER SHALL BE DESTROYED BY THE
PERSON DESIGNATED BY SUCH CHAPTER TO HAVE ACCESS TO  CONVICTION  RECORDS
WHEN SUCH VOLUNTEER NO LONGER HAS DIRECT CONTACT WITH CHILDREN SERVED BY
SUCH CHAPTER.
  5.  THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL PROVIDE A RESPONSE
TO A NEW YORK STATE CHAPTER OF BIG BROTHERS/BIG SISTERS  WITHIN  FIFTEEN
BUSINESS  DAYS  OF  THE RECEIPT OF ANY REQUEST BY SUCH CHAPTER FOR A NEW
YORK STATE CONVICTION RECORD  AND/OR  FEDERAL  BUREAU  OF  INVESTIGATION
CONVICTION RECORD IF:
  A. SUCH REQUEST IS MADE BY SUCH CHAPTER'S DESIGNATED INDIVIDUAL WHO IS
REGISTERED WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES;
  B.  SUCH  REQUEST  IS ACCOMPANIED BY A FORM SIGNED BY THE VOLUNTEER OR
PROSPECTIVE VOLUNTEER, WHO IS THE SUBJECT OF SUCH REQUEST, CONSENTING TO
THE PROVISION OF SUCH RECORD; AND
  C. SUCH REQUEST IS  ACCOMPANIED  BY  THE  VOLUNTEER'S  OR  PROSPECTIVE
VOLUNTEER'S  FINGERPRINTS,  OBTAINED  PURSUANT  TO THE PROCEDURES OF THE
DIVISION OF CRIMINAL JUSTICE SERVICES.
  6. THE COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL
PROMULGATE  THE  RULES  AND  REGULATIONS  NECESSARY  TO  IMPLEMENT   THE
PROVISIONS  OF  THIS  SECTION  INCLUDING,  BUT NOT LIMITED TO, RULES AND
REGULATIONS PROVIDING FOR A  HEARING  FOR  A  VOLUNTEER  OR  PROSPECTIVE
VOLUNTEER  BEFORE  REPRESENTATIVES  OF  SUCH  DIVISION AND THE OFFICE OF
CHILDREN AND FAMILY SERVICES FOR PURPOSES OF VERIFYING THE  ACCURACY  OF
HIS OR HER CONVICTION RECORD AND FOR ACCESS BY SUCH PERSONS TO PERTINENT
DOCUMENTS RELATED THERETO.

A. 1608                             3

  7.  FOR  PURPOSES  OF THIS SECTION, "CONVICTION RECORD" SHALL MEAN ANY
RECORD MAINTAINED BY THE DIVISION OF CRIMINAL JUSTICE  SERVICES  OR  THE
FEDERAL  BUREAU  OF INVESTIGATION OF CONVICTIONS OF A CRIME IN VIOLATION
OF THE PENAL LAW OF THIS OR ANY OTHER STATE.
  S  2.  Subdivision 8-a of section 837 of the executive law, as amended
by chapter 561 of the laws of 2006, is amended to read as follows:
  8-a. Charge a fee when, pursuant to statute or the regulations of  the
division,  it  conducts  a  search  of  its criminal history records and
returns a report thereon in connection with an application  for  employ-
ment or for a license or permit.  The division shall adopt and may, from
time  to  time,  amend a schedule of such fees which shall be in amounts
determined by the division to be  reasonably  related  to  the  cost  of
conducting such searches and returning reports thereon but, in no event,
shall  any  such  fee  exceed  twenty-five  dollars  and  an  additional
surcharge of fifty dollars. The  comptroller  is  hereby  authorized  to
deposit  such  fees  into  the general fund, provided, however, that the
monies received by the division of criminal justice services for payment
of the additional surcharge shall be deposited in equal amounts  to  the
general  fund  and  to  the  fingerprint  identification  and technology
account. Notwithstanding the foregoing, the division shall  not  request
or  accept  any  fee  for searching its records and supplying a criminal
history report pursuant to section two hundred fifty-one-b of the gener-
al business law relating to participating in flight instruction  at  any
aeronautical  facility,  flight school or institution of higher learning
OR WHEN IT RETURNS A NEW YORK STATE CONVICTION REPORT AND/OR  A  FEDERAL
BUREAU OF INVESTIGATION CONVICTION REPORT THEREON AS REQUIRED BY SECTION
THREE HUNDRED SEVENTY-EIGHT-B OF THE SOCIAL SERVICES LAW.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.