BILL NUMBER: S8511
SPONSOR: HELMING
 
TITLE OF BILL:
An act to amend the criminal procedure law, in relation to background
checks for applicants for volunteer or paid firefighters
 
PURPOSE:
To allow both paid and volunteer fire companies or departments to
perform full background checks on applicant firefighters
 
SUMMARY OF PROVISIONS:
Section 1: Amends section 160.57 of the criminal procedure law to make a
language correction, and to add a new subparagraph xviii; Provides any
prospective employer of a volunteer or paid firefighter with all records
obtained and makes records of convictions available to applicants for
the purpose of providing an explanation
Section 2: Sets the effective date
 
JUSTIFICATION:
In order to ensure the safety of the public, the Clean Slate Act of 2023
permitted certain first responders, including law enforcement, access to
sealed records.
Firefighters are also first responders. During the performance of their
duties, firefighters routinely enter people's homes and businesses.
Firefighters often interact with the most vulnerable members of our
society. In our rural communities, firefighters are often the first to
respond to, and arrive at, the scene of an emergency.
In their capacity as paid or volunteer first responders, firefighters
have direct contact with children, the elderly, and other at-risk popu-
lations.
To ensure adequate public safety protections, members of multiple fire
departments have requested the same full access to criminal records as
law enforcement. These Departments have asserted that fully vetting a
potential employee or volunteer will help minimize potential public
safety risks and maintain both the public's trust and confidence in our
fire departments.
This bill would provide fire departments with the ability to have full
access to an applicant's record of convictions, as well as allow that
applicant to provide an explanation. Doing so would permit prospective
employers of departments to make a fully informed decision on the candi-
date they are considering.
 
LEGISLATIVE HISTORY:
New bill
 
FISCAL IMPLICATIONS:
To be determined
 
EFFECTIVE DATE:
This act shall take effect immediately.