Bill Text: NY A04750 | 2013-2014 | General Assembly | Amended
Bill Title: Prohibits registered sex offenders from working with children.
Spectrum: Partisan Bill (Democrat 19-0)
Status: (Introduced - Dead) 2014-01-08 - referred to correction [A04750 Detail]
Download: New_York-2013-A04750-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4750--A
2013-2014 Regular Sessions
I N A S S E M B L Y
February 8, 2013
___________
Introduced by M. of A. ENGLEBRIGHT, MORELLE, ABBATE, MARKEY, WEISENBERG,
GUNTHER, ROBINSON, BENEDETTO, GABRYSZAK, COLTON -- Multi-Sponsored by
-- M. of A. BOYLAND, CAMARA, CLARK, COOK, GALEF, GANTT, HIKIND,
MAGNARELLI, ORTIZ, SCHIMMINGER, SWEENEY -- read once and referred to
the Committee on Correction -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the correction law, in relation to prohibiting regis-
tered sex offenders from working with children
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 168-w of the correction law, as relettered by chap-
2 ter 604 of the laws of 2005, is relettered section 168-x and a new
3 section 168-w is added to read as follows:
4 S 168-W. SEX OFFENDERS PROHIBITED FROM WORKING WITH CHILDREN. 1. NO
5 PERSON REQUIRED TO MAINTAIN REGISTRATION UNDER THIS ARTICLE SHALL BE
6 ALLOWED TO ACCEPT AN ASSIGNMENT, EITHER AS PAID EMPLOYMENT OR A VOLUN-
7 TEER, WHICH BY THE INHERENT NATURE OF THE ASSIGNMENT PLACES THE PERSON
8 IN SUBSTANTIAL CONTACT WITH CHILDREN. THIS SECTION SHALL ALSO APPLY TO
9 ANY PERSON SEEKING A PERMIT OR PERMISSION TO EXECUTE ANY ACTIVITY OR
10 PERFORMANCE THAT WOULD PRESENT A DIRECT CONTACT WITH CHILDREN.
11 2. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
12 FOLLOWING MEANINGS:
13 (A) "SUBSTANTIAL CONTACT WITH CHILDREN" AS USED IN THIS SECTION SHALL
14 MEAN WORKING WITH CHILDREN, HAVING OPPORTUNITY TO BE ALONE WITH CHIL-
15 DREN, SPENDING TIME SPECIFICALLY WITH CHILDREN, PERFORMING FOR CHILDREN
16 OR ANY OTHER ACTIVITY THAT IS TARGETED TO INVOLVE CHILDREN; AND
17 (B) "ASSIGNMENT" SHALL MEAN ANY POSITION, JOB OR WORK INCLUDING, BUT
18 NOT LIMITED TO:
19 (I) ANY POSITION IN A SCHOOL INCLUDING TEACHERS, TEACHER-AIDES, ADMIN-
20 ISTRATORS, ASSISTANTS, CAFETERIA WORKERS, JANITORS, NURSES OR ANY OTHER
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08792-02-3
A. 4750--A 2
1 PERSON WORKING IN A SCHOOL THAT WOULD HAVE CONTACT WITH THE CHILDREN
2 ATTENDING A SCHOOL;
3 (II) ANY POSITION IN A CHILD-CARE FACILITY;
4 (III) ANY RECREATIONAL POSITION SUCH AS A COACH, BOY OR GIRL SCOUT
5 LEADER, CAMP COUNSELOR, LIFEGUARD, INSTRUCTOR OR ANY OTHER RECREATIONAL
6 POSITION IN A PARK, PLAYGROUND, AMUSEMENT PARK, POOL OR ANY OTHER FACIL-
7 ITY THAT WOULD ALLOW A SUBSTANTIAL CONTACT WITH CHILDREN; OR
8 (IV) ANY POSITION IN A STORE OR RESTAURANT THAT IS SPECIFICALLY
9 TARGETED TOWARDS CHILDREN SUCH AS A TOY STORE OR CHILDREN'S THEMED
10 RESTAURANT.
11 3. EVERY EMPLOYER, ORGANIZATION AND GOVERNMENT ENTITY SHALL CHECK ANY
12 POTENTIAL EMPLOYEES OR VOLUNTEERS SEEKING TO ASSUME A POSITION THAT WILL
13 ALLOW SUBSTANTIAL CONTACT WITH CHILDREN AGAINST THE REGISTERED SEX
14 OFFENDERS DATABASE TO ASCERTAIN IF SAID PERSON HAS A CONVICTION FOR
15 SEXUAL ABUSE OF A CHILD.
16 4. (A) ANY REGISTERED SEX OFFENDER WHO SEEKS OR ACCEPTS A POSITION IN
17 VIOLATION OF THIS SECTION SHALL BE GUILTY OF A CLASS A MISDEMEANOR UPON
18 THE FIRST CONVICTION THEREOF, AND UPON A SECOND OR SUBSEQUENT CONVICTION
19 THEREOF SHALL BE GUILTY OF A CLASS D FELONY.
20 (B) ANY PERSON OR ORGANIZATION THAT KNOWINGLY EMPLOYS A SEX OFFENDER
21 IN VIOLATION OF THIS SECTION, REGARDLESS OF WHETHER SUCH PERSON RECEIVES
22 COMPENSATION OR IS A VOLUNTEER SHALL, UPON CONVICTION, BE GUILTY OF A
23 CLASS A MISDEMEANOR.
24 S 2. This act shall take effect on the first of November next succeed-
25 ing the date on which it shall have become a law.
