What's happening
This bill requires youth organizations to conduct sex offender registry checks on volunteers who have direct contact with youth.
Why it matters
Expands responsibility to a wide range of groups. The bill applies not just to large, well-known youth organizations, but also to smaller, local, or faith-based groups—broadening the scope of who must conduct sex offender registry checks and potentially affecting many community-run programs.
Protects privacy and ensures transparency. Youth organizations must inform volunteers before running a registry check, giving individuals the option to withdraw their application—this protects volunteer privacy and encourages transparency in the screening process.
Mandates compliance with existing confidentiality laws. Any information obtained from the sex offender registry must be handled according to strict state laws, limiting misuse or over-sharing of sensitive personal data.
Introduces enforcement and penalties. Organizations face civil penalties if they willfully fail to conduct required checks or allow listed offenders to volunteer with youth, providing a concrete enforcement mechanism to promote compliance and enhance child safety.
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Who cares
Headline styles
Check Volunteers for Sex Offenders
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to correction
- Referred to correction
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3970
2019-2020 Regular Sessions
IN ASSEMBLY
January 31, 2019
Introduced by M. of A. AUBRY -- 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 Assembly, 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 volunteers. 1. As used in this section:
(a) "Youth organization" means any public or private agency, organization, 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, youth organizations shall cause to be conducted the statewide sex offender registry
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08076-01-9
A. 3970 2
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 offender 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 volunteer 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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