A 9147: Authorizes any prospective employer of a volunteer firefighter or paid firefighter to perform a background check on such applicant.

  
  STATE OF NEW YORK ________________________________________________________________________ 9147 2025-2026 Regular Sessions  IN ASSEMBLY October 17, 2025 ___________ Introduced by M. of A. BAILEY -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to background checks for applicants for volunteer or paid firefighters The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraphs (xvi) and (xvii) of paragraph (d) of subdivi- 2 sion 1 of section 160.57 of the criminal procedure law, as added by 3 chapter 631 of the laws of 2023, are amended and a new subparagraph 4 (xviii) is added to read as follows: 5 (xvi) the state education department for the purposes of investigating 6 professional misconduct as defined in subparagraph (i) of paragraph (a) 7 of subdivision five of section sixty-five hundred nine of the education 8 law, consideration of restoration of a professional license pursuant to 9 section sixty-five hundred eleven of the education law, or determi- 10 nations for issuing a license to practice a profession or issuing 11 certificates and privileges for which prior licensure is required, for 12 the professions under articles one hundred thirty-one, one hundred 13 [thirty-one-b] thirty-one-B, one hundred thirty-two, one hundred thir- 14 ty-three, one hundred thirty-four, one hundred thirty-five, one hundred 15 thirty-six, one hundred thirty-seven, one hundred thirty-nine, one 16 hundred forty, one hundred forty-one, one hundred forty-three, one 17 hundred forty-four, one hundred forty-five, one hundred forty-seven, one 18 hundred forty-nine, one hundred fifty-three, one hundred fifty-four, one 19 hundred fifty-five, one hundred fifty-six, one hundred fifty-seven, one 20 hundred fifty-nine, one hundred sixty, one hundred sixty-two, one 21 hundred sixty-three, one hundred sixty-four, and one hundred sixty-seven 22 as such professions are defined in title eight of the education law, 23 provided that the state education department certifies to the division 24 of criminal justice services that it is investigating an individual 25 licensed to practice a profession pursuant to article one hundred thirty EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13766-01-5 
 A. 9147 2 1 of the education law for professional misconduct as defined in paragraph 2 (a) of subdivision five of section sixty-five hundred nine of the educa- 3 tion law, considering restoration of a professional license pursuant to 4 section sixty-five hundred eleven of the education law, or making a 5 determination for issuing a license to practice a profession or issuing 6 certificates and privileges for which prior licensure is required as 7 appropriate. Provided, further, that the board of regents may consider 8 any prior conviction that formed the basis of a determination of the 9 board of regents in a disciplinary proceeding pursuant to section 10 sixty-five hundred ten of the education law and the rules and regu- 11 lations promulgated pursuant thereto in an application for reconsider- 12 ation, even if such conviction later becomes sealed pursuant to this 13 section; [and] 14 (xvii) the office of mental health and the office for people with 15 developmental disabilities, where such agencies are statutorily author- 16 ized to receive such information, provided further, that such informa- 17 tion may also be made available for case review under section 10.05 of 18 the mental hygiene law, as well as to providers licensed, funded, desig- 19 nated, certified or otherwise authorized by the office of mental health 20 or the office for people with developmental disabilities, where such 21 information is included in the clinical record of any person under the 22 care of or receiving services from such provider or program[.]; and 23 (xviii) any prospective employer of a volunteer firefighter or paid 24 firefighter, in relation to an application for employment as a volunteer 25 firefighter or paid firefighter, provided, however, that every person 26 who is an applicant shall be furnished with a copy of all records 27 obtained under this subparagraph and afforded an opportunity to make an 28 explanation thereto. 29 § 2. This act shall take effect immediately.