Requires criminal history check of persons seeking out of country employment or out of country adoption

BILL NUMBER:S2101

Title of bill

An act to amend the executive law, in relation to the search of criminal history records for persons seeking employment in or to adopt a child from a foreign country

Purpose of the bill

To provide a fingerprint based search of state criminal history records for the issuance of a "certificate of good conduct" when such is required by a foreign country where a person is seeking employment or adoption services.

Justification

This legislation would give the State Division of Criminal Justice Services the authority to provide a person who seeks to work in a foreign country a "certificate of good conduct" or "police clearance" (as it is variously called) when such is required by the country in which the person seeks to work. Mexico, our NAFTA partner, is one such country. These documents are commonly provided at the discretion of local law enforcement executives at present. This proposal will provide for a fingerprint based search of state criminal history records and the issuance of the required credential if no record existed. The state will also be able to charge a reasonable fee for this service. Furthermore, all fee revenue will be remitted to the State Comptroller and the Commissioner of Taxation and Finance for deposit in the Missing and Exploited Children's Clearinghouse Fund which was established last year.

Summary of specific provisions

The Executive Law is amended by adding a new section § 837-m to provide these criminal history checks when necessary.

Fiscal implications for state & local governments

To be determined.

Effective date

This act shall take effect on the first of November in the year in which it shall have become a law.