Bill Text: NY A04750 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4750
                              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
       AN ACT to amend the correction  law,  in  relation  to  prohibiting  sex
         offenders  from  any position involving substantial contact with chil-
         dren
         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 SHALL NOT BE EMPLOYED IN A  POSITION  INVOLVING
    5  SUBSTANTIAL CONTACT WITH CHILDREN. 1. NO SEX OFFENDER SHALL APPLY FOR OR
    6  ACCEPT A POSITION WHICH INVOLVES SUBSTANTIAL CONTACT WITH CHILDREN. SUCH
    7  POSITION SHALL INCLUDE ANY JOB, TASK OR OCCUPATION, WHICH BY ITS NATURE,
    8  REQUIRES  A  PERSON  TO  BE  IN SUBSTANTIAL CONTACT WITH CHILDREN IN THE
    9  REGULAR PERFORMANCE OF HIS OR HER DUTIES OR DEALINGS IN  SUCH  POSITION.
   10  THIS  SECTION SHALL ALSO APPLY TO ANY PERSON SEEKING A PERMIT OR PERMIS-
   11  SION TO EXECUTE ANY ACTIVITY OR PERFORMANCE THAT WOULD PRESENT A  DIRECT
   12  CONTACT WITH CHILDREN.
   13    2. THE DEFINITION OF "POSITION" AS USED IN THIS SECTION SHALL APPLY TO
   14  ANY  PERSON SEEKING EMPLOYMENT EITHER PAID OR NOT PAID, ANY PERSON SEEK-
   15  ING TO VOLUNTEER, OR ANY PERSON SEEKING  A  PERMIT  OR  PERMISSION  THAT
   16  WOULD PRESENT A SUBSTANTIAL CONTACT WITH CHILDREN.
   17    3. EXAMPLES OF SUCH EMPLOYMENT INCLUDE, BUT ARE NOT LIMITED TO:
   18    A.  ANY POSITION IN A SCHOOL INCLUDING TEACHERS, TEACHER-AIDES, ADMIN-
   19  ISTRATORS, ASSISTANTS, CAFETERIA WORKERS, JANITORS, NURSES OR ANY  OTHER
   20  PERSON  WORKING  IN  A  SCHOOL THAT WOULD HAVE CONTACT WITH THE CHILDREN
   21  ATTENDING SAID SCHOOL;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08792-01-3
       A. 4750                             2
    1    B. ANY POSITION IN A CHILD-CARE FACILITY;
    2    C.  ANY RECREATIONAL POSITION SUCH AS A COACH, BOY SCOUT OR GIRL SCOUT
    3  LEADER, CAMP COUNSELOR, LIFEGUARD, INSTRUCTOR OR ANY OTHER  RECREATIONAL
    4  AREA THAT WOULD PRESENT A SUBSTANTIAL CONTACT WITH CHILDREN;
    5    D.  ANY  POSITION  IN  A PARK, PLAYGROUND, AMUSEMENT PARK, POOL OR ANY
    6  OTHER FACILITY OR AREA WHERE CHILDREN HAVE A PROPENSITY TO INHABIT;
    7    E. ANY STORE OR RESTAURANT THAT IS SPECIFICALLY TARGETED TOWARDS CHIL-
    8  DREN SUCH AS A TOY STORE OR CHILDREN'S THEME RESTAURANT;
    9    F. ANY POSITION WHEREIN A PERSON WOULD BE EMPLOYED  IN  AN  AREA  THAT
   10  SPECIFICALLY  IS  TARGETED  TOWARDS  CHILDREN SUCH AS AN ICE CREAM TRUCK
   11  OPERATOR;
   12    G. ANY PERSON APPLYING FOR A PERMIT OR  PERMISSION  THAT  WOULD  GRANT
   13  SAID  PERSON  THE  ABILITY  TO  CARRY OUT ANY ACTIVITY OR ACTION THAT IS
   14  DIRECTED TOWARDS OR WOULD INVOLVE SUBSTANTIAL CONTACT WITH CHILDREN.
   15    4. EMPLOYERS, ORGANIZATIONS AND GOVERNMENT ENTITIES SHALL HAVE  ACCESS
   16  TO  THE  STATEWIDE  CENTRAL REGISTRY OF CHILD ABUSE AND MALTREATMENT FOR
   17  THE PURPOSE OF PERFORMING A BACKGROUND  CHECK  FOR  ANY  CONVICTIONS  OF
   18  SEXUAL  ABUSE  OF  A  CHILD. EVERY EMPLOYER, ORGANIZATION AND GOVERNMENT
   19  ENTITY SHALL CHECK ANY POTENTIAL EMPLOYEES SEEKING TO ASSUME A  POSITION
   20  THAT  WILL  BE  IN  SUBSTANTIAL  CONTACT  WITH CHILDREN AGAINST BOTH THE
   21  STATEWIDE CENTRAL REGISTRY OF  CHILD  ABUSE  AND  MALTREATMENT  AND  THE
   22  REGISTERED  SEX  OFFENDERS  DATABASE  TO  ASCERTAIN IF SAID PERSON HAS A
   23  CONVICTION FOR SEXUAL ABUSE OF A CHILD.
   24    5. "SUBSTANTIAL CONTACT WITH CHILDREN" AS USED IN THIS  SECTION  MEANS
   25  WORKING  WITH CHILDREN, HAVING ACCESS TO CHILDREN, HAVING OPPORTUNITY TO
   26  BE ALONE WITH CHILDREN, SPENDING  TIME  WITH  CHILDREN,  PERFORMING  FOR
   27  CHILDREN OR ANY OTHER ACTIVITY THAT INVOLVES CHILDREN.
   28    6.  A.  ANY  SEX  OFFENDER  WHO  APPLIES  FOR OR ACCEPTS EMPLOYMENT IN
   29  VIOLATION OF THIS SECTION SHALL BE GUILTY OF A CLASS A MISDEMEANOR  UPON
   30  THE FIRST CONVICTION THEREOF, AND UPON A SECOND OR SUBSEQUENT CONVICTION
   31  THEREOF SHALL BE GUILTY OF A CLASS D FELONY.
   32    B.  ANY  EMPLOYER WHO KNOWINGLY EMPLOYS A SEX OFFENDER IN VIOLATION OF
   33  THIS SECTION SHALL, UPON CONVICTION, BE GUILTY OF A CLASS A MISDEMEANOR.
   34    S 2. This act shall take effect on the first of November next succeed-
   35  ing the date on which it shall have become a law.