S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    719
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2023
                                ___________
 
 Introduced  by  M. of A. AUBRY, BUTTENSCHON -- 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.
   (B)  NO  LATER  THAN  JANUARY  FIRST,  TWO THOUSAND TWENTY-FOUR, YOUTH
 ORGANIZATIONS SHALL CAUSE TO BE CONDUCTED  THE  STATEWIDE  SEX  OFFENDER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03166-01-3
              

 A. 719                              2
 
 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.