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:

  Section  1.  The section heading and subdivision 1 of section 837-o of
the executive law, as added by chapter 423 of  the  laws  of  1999,  are
amended to read as follows:
  Search  for  arson  AND SEXUALLY VIOLENT OFFENSE conviction records of
volunteer firefighter applicants. 1. Any person who applies for  member-
ship  in a fire company, as such term is defined in section three of the
volunteer firefighters' 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  informa-
tion to the division which shall search its files for records indicating
whether  the  person  stands  convicted  of the crime of arson OR OF ANY
SEXUALLY VIOLENT OFFENSE OR ATTEMPTED SEXUALLY VIOLENT OFFENSE AS  THOSE
TERMS   ARE   DEFINED  IN  SUBDIVISION  THREE  OF  SECTION  ONE  HUNDRED
SIXTY-EIGHT-A OF THE CORRECTION LAW. 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.
  S 2. Paragraphs (a), (b) and (c) of subdivision 3 of section 837-o  of
the executive law, paragraphs (a) and (c) as added by chapter 423 of the
laws  of  1999  and  paragraph (b) as amended by section 41 of part B of
chapter 56 of the laws of 2010, are amended to read as follows:
  (a) All searches concerning the application for membership in  a  fire
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

section eight hundred thirty-seven of this article without  the  assess-
ment of any fee to the applicant or fire company and shall pertain sole-
ly to ascertaining whether the applicant stands convicted of arson OR OF
A SEXUALLY VIOLENT OFFENSE OR ATTEMPTED SEXUALLY VIOLENT 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  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 SEXUALLY  VIOLENT
OFFENSE  OR AN ATTEMPTED SEXUALLY VIOLENT OFFENSE, or (ii) the applicant
has no record of conviction for arson OR FOR A SEXUALLY VIOLENT  OFFENSE
OR  AN  ATTEMPTED  SEXUALLY  VIOLENT  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 FOR A SEXUALLY
VIOLENT  OFFENSE OR FOR AN ATTEMPTED SEXUALLY VIOLENT OFFENSE, he or she
shall also be advised of the rights to challenge and appeal the informa-
tion 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 challenges to  the
accuracy  of  such  information  or  appeals  therefrom,  are ultimately
resolved in his or her favor, or if  such  a  determination  is  unchal-
lenged.
  S 3. Subdivision 18 of section 10-1006 of the village law, as added by
chapter 719 of the laws of 1985, is amended to read as follows:
  18.  A  person  who  has been convicted of arson in any degree OR OF A
SEXUALLY VIOLENT OFFENSE OR ATTEMPTED SEXUALLY VIOLENT OFFENSE  AS  THAT
TERM   IS   DEFINED   IN   SUBDIVISION  THREE  OF  SECTION  ONE  HUNDRED
SIXTY-EIGHT-A OF THE CORRECTION LAW shall not be eligible to be  elected
or  appointed as a volunteer member of a fire company. The membership of
any volunteer member of a fire company shall immediately terminate if he
OR SHE is OR HAS BEEN convicted of arson in any degree [while  a  member
of a fire company] OR A SEXUALLY VIOLENT OFFENSE OR AN ATTEMPTED SEXUAL-
LY  VIOLENT  OFFENSE  AS THOSE TERMS ARE DEFINED IN SUBDIVISION THREE OF
SECTION ONE HUNDRED SIXTY-EIGHT-A OF THE CORRECTION LAW.
  S 4. Subdivision 19 of section 10-1006 of the village law, as added by
chapter 423 of the laws of 1999, is amended to read as follows:
  19. Upon application by any person for membership in  a  fire  company
operating  pursuant  to  this  section,  the  fire chief shall cause the
applicant's background to be checked pursuant to section  eight  hundred
thirty-seven-o  of  the executive law for a criminal history involving a
conviction for arson AND FOR ANY SEXUALLY VIOLENT OFFENSE  OR  ATTEMPTED
SEXUALLY VIOLENT OFFENSE AS THOSE TERMS ARE DEFINED IN SUBDIVISION THREE
OF SECTION ONE HUNDRED SIXTY-EIGHT-A OF THE CORRECTION LAW.
  S 5. Section 176-b of the town law is amended by adding a new subdivi-
sion 18 to read as follows:
  18.  UPON  APPLICATION  BY ANY PERSON FOR MEMBERSHIP IN A FIRE COMPANY
OPERATING PURSUANT TO THIS SECTION,  THE  FIRE  CHIEF  SHALL  CAUSE  THE
APPLICANT'S  BACKGROUND  TO BE CHECKED PURSUANT TO SECTION EIGHT HUNDRED
THIRTY-SEVEN-O OF THE EXECUTIVE LAW FOR A CRIMINAL HISTORY  INVOLVING  A
CONVICTION OF ANY SEXUALLY VIOLENT OFFENSE OR ATTEMPTED SEXUALLY VIOLENT
OFFENSE.

A. 5654                             3

  S  6.  Paragraph (c) of section 1402 of the not-for-profit corporation
law is amended by adding a new subparagraph 6 to read as follows:
  (6)  UPON  APPLICATION  BY  ANY PERSON FOR MEMBERSHIP IN A FIRE CORPO-
RATION OPERATING PURSUANT TO THIS SECTION, THE FIRE  CHIEF  SHALL  CAUSE
THE  APPLICANT'S  BACKGROUND  TO  BE  CHECKED  PURSUANT TO SECTION EIGHT
HUNDRED THIRTY-SEVEN-O OF THE  EXECUTIVE  LAW  FOR  A  CRIMINAL  HISTORY
INVOLVING  A  CONVICTION  OF  ANY  SEXUALLY VIOLENT OFFENSE OR ATTEMPTED
SEXUALLY VIOLENT OFFENSE.
  S 7. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall apply to convictions  entered  into
on or after such effective date; provided, however, that effective imme-
diately, the addition, amendment and/or repeal of any rule or regulation
necessary  for  the implementation of this act on its effective date are
authorized and directed to be made and  completed  by  the  division  of
criminal  justice services and the department of state on or before such
effective date.