S T A T E   O F   N E W   Y O R K
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                                  2965

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              March 9, 2009
                               ___________

Introduced  by  Sen.  C. JOHNSON  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Finance

AN ACT to amend the executive law, in relation to including sex  offense
  convictions  in  background checks for persons applying for membership
  in a fire company

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

  Section  1.  The  section  heading and subdivisions 1 and 3 of section
837-o of the executive law, as added by chapter 423 of the laws of 1999,
paragraph (b) of subdivision 3 as amended by chapter 689 of the laws  of
2002, are amended to read as follows:
  Search  for arson OR SEX OFFENSE conviction records of volunteer fire-
fighter applicants. 1. Any person who applies for membership in  a  fire
company, as such term is defined in section three of the volunteer fire-
fighters'  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 SEX OFFENSE.  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.  FOR PURPOSES OF THIS SECTION, THE  TERM  SEX  OFFENSE
SHALL  HAVE  THE SAME MEANING AS SUCH TERM IS DEFINED IN SUBDIVISION TWO
OF SECTION ONE HUNDRED SIXTY-EIGHT-A OF THE CORRECTION LAW.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09822-01-9

              

S. 2965                             2

solely  to  ascertaining whether the applicant stands convicted of arson
OR A SEX OFFENSE.
  (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  department  of state, 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 OR A
SEX OFFENSE, or (ii) the applicant has no record of conviction for arson
OR  A SEX OFFENSE. 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 OR A SEX OFFENSE,
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 regulations of the division. The applicant shall  continue  to
be  barred  from  membership until all administrative and judicial chal-
lenges to the accuracy of such information  or  appeals  therefrom,  are
ultimately  resolved  in his or her favor, or if such a determination is
unchallenged.
  S 2. This act shall take effect immediately.