Bill Text: NY A09974 | 2023-2024 | General Assembly | Introduced
Bill Title: Requires background checks for a person prior to employment in a position involving substantial contact with children while dressed as a children's character; provides certain penalties for violations.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-05-01 - referred to correction [A09974 Detail]
Download: New_York-2023-A09974-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9974 IN ASSEMBLY May 1, 2024 ___________ Introduced by M. of A. DILAN -- read once and referred to the Committee on Correction AN ACT to amend the correction law, in relation to employment of sex offenders in a position involving substantial contact with children while dressed as a children's character 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 renumbered by chap- 2 ter 604 of the laws of 2005, is renumbered 168-x and a new section 168-w 3 is added to read as follows: 4 § 168-w. Employment in a position involving substantial contact with 5 children dressed as a children's character. 1. No sex offender shall 6 apply for or accept a position which involves substantial contact with 7 children while said person is dressed as a children's character. Such 8 position shall include any job, task or occupation, which by its nature, 9 requires a person to be dressed as a children's character and in 10 substantial contact with children in the regular performance of his or 11 her duties or dealings in such position. This section shall also apply 12 to any person seeking a permit or permission to execute any activity or 13 performance while dressed as a children's character that would present a 14 direct contact with children. 15 2. As used in this section, the following terms shall have the follow- 16 ing meanings: 17 a. "Position" shall apply to any person seeking employment either paid 18 or unpaid, any person seeking to volunteer, or any person seeking a 19 permit or permission that would present a substantial contact with chil- 20 dren while dressed as a children's character. 21 b. "Children's character" shall mean any costume worn by a person to 22 depict a specific character to children and shall include but not be 23 limited to: 24 i. legendary figures such as Santa Claus or the Easter bunny; 25 ii. mythical characters; and 26 iii. any such similar children's character that a person may dress as 27 for a position which involves substantial contact with children. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05832-01-3A. 9974 2 1 c. "Substantial contact with children" shall mean allowing children to 2 sit on such person dressed as a character's lap, having photos taken 3 with children while such person is dressed as a children's character or 4 any other activity that involves physical contact with children while 5 such person is dressed as a children's character. 6 3. Examples of such employment shall include, but shall not be limited 7 to, being dressed as a children's character at: 8 a. Any shopping mall or shopping center event specifically targeted 9 toward children interacting with such a character, such as but not 10 limited to photos with Santa; 11 b. Any store event that is specifically targeted toward children 12 interacting with such a character; 13 c. Any such similar event that promotes activities targeted toward 14 children interacting with such a character. 15 4. Employers, organizations and government entities shall have access 16 to the statewide central registry of child abuse and maltreatment, the 17 New York state sex offender registry, the criminal history repository 18 with the division of criminal justice services, the national criminal 19 repository with the federal bureau of investigation and the national sex 20 offender registry using the national crime and information center, 21 established under the Adam Walsh child protection and safety act of 2006 22 (42 U.S.C. 16901 et seq) for the purpose of performing a background 23 check for any convictions of sexual abuse of a child. Every employer, 24 organization and government entity shall check any potential employees 25 seeking to assume a position that will be in substantial contact with 26 children dressed as a children's character against the statewide central 27 registry of child abuse and maltreatment, the New York state sex offen- 28 der registry, the criminal history repository with the division of crim- 29 inal justice services, the national criminal repository with the federal 30 bureau of investigation and the national sex offender registry using the 31 national crime and information center, established under the Adam Walsh 32 child protection and safety act of 2006 (42 U.S.C. 16901 et seq) to 33 ascertain if said person has a conviction for sexual abuse of a child. 34 5. a. Any sex offender who applies for or accepts employment in 35 violation of this section shall be guilty of a class A misdemeanor upon 36 the first conviction thereof, and upon a second or subsequent conviction 37 thereof shall be guilty of a class D felony. 38 b. Any employer who knowingly employs a sex offender in violation of 39 this section shall, upon conviction, be guilty of a class A misdemeanor. 40 § 2. This act shall take effect on the first of November next succeed- 41 ing the date on which it shall have become a law.
