S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3106
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2017
                                ___________
 
 Introduced  by  M.  of  A. AUBRY -- Multi-Sponsored by -- M. of A. COOK,
   GALEF, MAGEE, PERRY -- 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:
   § 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.
                                                            LBD08329-01-7
              

 A. 3106                             2
 
   (B) NO LATER THAN JANUARY FIRST, TWO THOUSAND EIGHTEEN,  YOUTH  ORGAN-
 IZATIONS 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.
   § 2. This act shall take effect immediately.