S T A T E   O F   N E W   Y O R K
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                                  4040

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2009
                               ___________

Introduced  by  M.  of A. AUBRY -- Multi-Sponsored by -- M. of A. BARRA,
  COOK, GALEF, MAGEE, PHEFFER -- read once and referred to the Committee
  on Correction

AN ACT to amend the social services law, in  relation  to  sex  offender
  registry checks for youth organization volunteers

  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.  SEX  OFFENDER REGISTRY CHECKS FOR YOUTH ORGANIZATION VOLUN-
TEERS.  1. AS USED IN THIS SECTION:
  (A) "YOUTH ORGANIZATION" MEANS ANY  PUBLIC OR PRIVATE  AGENCY,  ORGAN-
IZATION,  ASSOCIATION OR GROUP ORGANIZED AND FUNCTIONING, IN WHOLE OR IN
PART, FOR THE PURPOSE OF    PROVIDING  YOUTH  WITH  THE  OPPORTUNITY  TO
PARTICIPATE  IN  SUPERVISED  ACTIVITIES,  INCLUDING  BUT  NOT LIMITED TO
SPORTING, RECREATIONAL, EDUCATIONAL OR  RELIGIOUS  ACTIVITIES.  AS  USED
HEREIN, "YOUTH ORGANIZATION" SHALL INCLUDE ONLY THOSE ORGANIZATIONS THAT
USE  VOLUNTEERS  TO  SUPERVISE  YOUTH AND EXCLUDE INSTITUTIONS WHICH ARE
SANCTIONED BY THE STATE  EDUCATION  DEPARTMENT  TO  PROVIDE  EDUCATIONAL
INSTRUCTION TO YOUTH.
  (B) "YOUTH" MEANS A PERSON UNDER THE AGE OF EIGHTEEN.
  2. (A) BEFORE ANY PERSON IS PERMITTED TO VOLUNTEER HIS OR HER SERVICES
WITH  A  YOUTH ORGANIZATION WHERE SUCH PERSON IS EXPECTED TO HAVE DIRECT
CONTACT WITH YOUTH, SUCH YOUTH ORGANIZATION MUST, BY USE OF THE  SPECIAL
TELEPHONE  NUMBER DESCRIBED IN SECTION ONE HUNDRED SIXTY-EIGHT-P  OF THE
CORRECTION LAW, REQUEST THAT AN INQUIRY BE MADE  OF  THE  STATEWIDE  SEX
OFFENDER  REGISTRY OPERATED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES
TO DETERMINE WHETHER THE PROSPECTIVE VOLUNTEER IS LISTED IN THE REGISTRY
AS A PERSON WHO MUST REGISTER AS A SEX OFFENDER OR  A  SEXUALLY  VIOLENT
PREDATOR UNDER ARTICLE SIX-C OF THE CORRECTION LAW.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04047-01-9

              

A. 4040                             2

  (B) NO LATER THAN JANUARY FIRST, TWO THOUSAND TEN, YOUTH ORGANIZATIONS
SHALL  CAUSE TO BE CONDUCTED THE STATEWIDE SEX OFFENDER REGISTRY INQUIRY
DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION FOR ALL ACTIVE VOLUNTEERS
OF SUCH ORGANIZATION WHERE SUCH VOLUNTEER HAS DIRECT CONTACT WITH YOUTH.
ANY  SUBSEQUENT  STATEWIDE  SEX OFFENDER REGISTRY INQUIRIES INITIATED BY
SUCH YOUTH ORGANIZATION SHALL BE MADE AT THE  DISCRETION  OF  THE  YOUTH
ORGANIZATION.
  3.  A YOUTH ORGANIZATION, PRIOR TO INITIATING THE STATEWIDE SEX OFFEN-
DER REGISTRY INQUIRY DESCRIBED IN PARAGRAPHS (A) AND (B) OF  SUBDIVISION
TWO  OF  THIS  SECTION,  SHALL INFORM THE VOLUNTEER OR PERSON SEEKING TO
VOLUNTEER HIS OR HER SERVICES THAT SUCH INQUIRY WILL BE  PERFORMED.  THE
YOUTH  ORGANIZATION SHALL PROVIDE THE VOLUNTEER OR PROSPECTIVE VOLUNTEER
THE OPPORTUNITY TO CEASE SUCH VOLUNTEER SERVICES BEFORE SUCH INQUIRY  IS
INITIATED.
  4.  A  YOUTH  ORGANIZATION  IS  PROHIBITED  FROM PERMITTING ANY PERSON
DETERMINED TO BE LISTED IN THE STATEWIDE SEX OFFENDER REGISTRY  PURSUANT
TO  PARAGRAPHS  (A) AND (B) OF SUBDIVISION TWO OF THIS SECTION TO VOLUN-
TEER HIS OR HER SERVICES WITH SUCH ORGANIZATION WHERE SUCH PERSON HAS OR
IS EXPECTED TO HAVE DIRECT CONTACT WITH YOUTH.
  5. THE PROVISIONS  OF  ARTICLE  SIX-C  OF  THE  CORRECTION  LAW  WHICH
RESTRICT  THE  USE  AND  DISSEMINATION  OF INFORMATION OBTAINED FROM THE
STATEWIDE SEX OFFENDER REGISTRY SHALL APPLY TO YOUTH ORGANIZATIONS.
  6. A WILLFUL VIOLATION OF ANY OF THE PROVISIONS OF THIS SECTION  SHALL
SUBJECT  SUCH  ORGANIZATION  TO  A  CIVIL  PENALTY  OF NOT MORE THAN ONE
HUNDRED DOLLARS PROVIDED, HOWEVER,  THAT  FOR  A  SECOND  OR  SUBSEQUENT
VIOLATION THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES
MAY IMPOSE A CIVIL PENALTY OF NOT MORE THAN TWO HUNDRED DOLLARS.
  S 2. This act shall take effect immediately.