Bill Text: NY A03319 | 2015-2016 | General Assembly | Introduced

New York Assembly Bill 3319 (Prior Session Legislation)

Introduced

Bill Title: Prohibits registered level two or three sex offenders from obtaining or remaining in any position of employment at an amusement park and creates for a first violation of such prohibition a class A misdemeanor, and for a second or subsequent violation, a class D felony; prohibits amusement parks from employing or permitting further employment of any registered level two or three sex offender; creates a crime, a class A misdemeanor, for any employer who violates such prohibition.

Spectrum: Partisan Bill (Republican 9-0)

Status: (Introduced - Dead) 2016-03-29 - held for consideration in correction [A03319 Detail]

Download: New_York-2015-A03319-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3319
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 22, 2015
                                      ___________
       Introduced by M. of A. HAWLEY, KOLB, GIGLIO, CROUCH, McDONOUGH, FINCH --
         Multi-Sponsored  by -- M. of A. BARCLAY, DUPREY, McKEVITT -- read once
         and referred to the Committee on Correction
       AN ACT to amend the correction law and  the  general  business  law,  in
         relation  to  preventing  registered  level two or three sex offenders
         from working at amusement parks
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The legislature hereby finds and declares it necessary to
    2  protect children by prohibiting registered sex offenders  from  becoming
    3  or  remaining  employed  at an amusement park, which by nature, presents
    4  direct contact with children in the regular course of such employment.
    5    S 2. Section 168-w of the correction law, as relettered by chapter 604
    6  of the laws of 2005, is relettered section 168-x and a new section 168-w
    7  is added to read as follows:
    8    S 168-W. PROHIBITING REGISTERED LEVEL TWO OR THREE SEX OFFENDERS  FROM
    9  WORKING  AT  AMUSEMENT  PARKS.  1.  NO REGISTERED LEVEL TWO OR THREE SEX
   10  OFFENDER SHALL APPLY FOR, ACCEPT OR REMAIN IN ANY POSITION OF EMPLOYMENT
   11  AT ANY AMUSEMENT PARK. FOR PURPOSES OF THIS  SECTION,  "POSITION"  SHALL
   12  INCLUDE  ANY  JOB OR TASK PERFORMED OR TO BE PERFORMED ON AMUSEMENT PARK
   13  GROUNDS. THIS SECTION SHALL FURTHER APPLY TO ANY PERSON SEEKING A PERMIT
   14  OR PERMISSION TO ENGAGE IN ANY ACTIVITY OR PERFORMANCE ON AMUSEMENT PARK
   15  GROUNDS WHICH WOULD INVOLVE DIRECT CONTACT WITH CHILDREN.
   16    2. ANY PERSON FOUND TO BE IN VIOLATION OF THIS SECTION SHALL BE GUILTY
   17  OF A CLASS A MISDEMEANOR UPON A FIRST CONVICTION  THEREOF,  AND  UPON  A
   18  SECOND  OR  SUBSEQUENT  CONVICTION  THEREOF SHALL BE GUILTY OF A CLASS D
   19  FELONY.
   20    3. ANY EMPLOYER THAT KNOWINGLY EMPLOYS A REGISTERED LEVEL TWO OR THREE
   21  SEX OFFENDER IN VIOLATION OF THIS SECTION SHALL BE  FOUND  GUILTY  OF  A
   22  CLASS A MISDEMEANOR.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02042-01-5
       A. 3319                             2
    1    4.  PERSONS, FIRMS, CORPORATIONS OR OTHER ENTITIES OWNING OR OPERATING
    2  AN AMUSEMENT PARK SHALL HAVE ACCESS TO THE STATEWIDE CENTRAL REGISTRY OF
    3  CHILD ABUSE AND MALTREATMENT AND THE STATEWIDE SEX OFFENDER DATABASE FOR
    4  THE PURPOSE OF  OBTAINING  A  BACKGROUND  CHECK  OF  ALL  EMPLOYEES  FOR
    5  CONVICTIONS FOR SEXUAL ABUSE OF A CHILD.
    6    S 3. The general business law is amended by adding a new section 390-d
    7  to read as follows:
    8    S  390-D. PROHIBITING REGISTERED LEVEL TWO OR THREE SEX OFFENDERS FROM
    9  WORKING AT AMUSEMENT PARKS. 1. NO PERSON, FIRM,  CORPORATION,  OR  OTHER
   10  ENTITY  WHICH  OWNS OR OPERATES AN AMUSEMENT PARK SHALL EMPLOY OR PERMIT
   11  FURTHER EMPLOYMENT OF ANY REGISTERED LEVEL TWO OR THREE SEX OFFENDER  AT
   12  SUCH AMUSEMENT PARK.
   13    2.  ANY PERSON, FIRM, CORPORATION, OR OTHER ENTITY WHICH OWNS OR OPER-
   14  ATES AN AMUSEMENT PARK SHALL CHECK ANY POTENTIAL EMPLOYEE  AGAINST  BOTH
   15  THE  STATEWIDE  CENTRAL REGISTRY OF CHILD ABUSE AND MALTREATMENT AND THE
   16  STATE REGISTERED SEX OFFENDER DATABASE TO DETERMINE IF SAID  PERSON  HAS
   17  BEEN  CONVICTED  OF  SEXUAL  ABUSE  OF  A CHILD. ANY PERSON APPLYING FOR
   18  EMPLOYMENT AT SUCH AMUSEMENT PARK AND FOUND TO BE LISTED ON  EITHER  THE
   19  STATEWIDE  CENTRAL REGISTRY OF CHILD ABUSE AND MALTREATMENT OR THE STATE
   20  REGISTERED SEX OFFENDER DATABASE SHALL BE IMMEDIATELY  REPORTED  TO  THE
   21  LOCAL LAW ENFORCEMENT AGENCY.
   22    3.  ANY PERSON, FIRM, CORPORATION, OR OTHER ENTITY WHICH OWNS OR OPER-
   23  ATES AN AMUSEMENT PARK AND KNOWINGLY EMPLOYS A REGISTERED LEVEL  TWO  OR
   24  THREE  SEX OFFENDER OR FAILS TO REPORT THE APPLICATION FOR EMPLOYMENT BY
   25  SUCH A PERSON ON THE REGISTRY OF CHILD ABUSE  AND  MALTREATMENT  OR  SEX
   26  OFFENDER  DATABASE SHALL BE FOUND IN VIOLATION OF THIS SECTION AND SHALL
   27  BE CHARGEABLE WITH A FINE OF NO LESS THAN ONE THOUSAND  DOLLARS  AND  NO
   28  MORE  THAN  FIVE  THOUSAND  DOLLARS  UPON A FIRST CONVICTION, AND UPON A
   29  SECOND OR SUBSEQUENT CONVICTION A FINE OF  NO  LESS  THAN  TEN  THOUSAND
   30  DOLLARS AND NO MORE THAN TWENTY-FIVE THOUSAND DOLLARS.
   31    S 4. This act shall take effect on the first of November next succeed-
   32  ing the date on which it shall have become a law.