S T A T E   O F   N E W   Y O R K
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                                  3581

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 26, 2011
                               ___________

Introduced  by  M.  of  A. AUBRY -- Multi-Sponsored by -- M. of A. 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.
                                                           LBD04686-01-1

              

A. 3581                             2

  (B) NO LATER THAN JANUARY FIRST, TWO THOUSAND TWELVE, YOUTH  ORGANIZA-
TIONS  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.