Bill Text: NY S01943 | 2015-2016 | General Assembly | Introduced

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Bill Title: Prohibits registered sex offenders from working with children.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2016-03-09 - referred to correction [S01943 Detail]

Download: New_York-2015-S01943-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1943
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 15, 2015
                                      ___________
       Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Crime Victims,  Crime  and
         Correction
       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  AS  A
    7  VOLUNTEER,  WHICH  BY  THE  INHERENT NATURE OF THE ASSIGNMENT PLACES THE
    8  PERSON IN SUBSTANTIAL CONTACT WITH CHILDREN.  THIS  SECTION  SHALL  ALSO
    9  APPLY TO ANY PERSON SEEKING A PERMIT OR PERMISSION TO EXECUTE ANY ACTIV-
   10  ITY OR 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 ENGAGING IN ANY OTHER ACTIVITY THAT IS TARGETED TO INVOLVE  CHILDREN;
   17  AND
   18    (B)  "ASSIGNMENT"  SHALL  MEAN  ANY  POSITION, JOB, WORK, OR PLACEMENT
   19  INCLUDING, BUT NOT LIMITED TO:
   20    (I) ANY POSITION IN A SCHOOL INCLUDING TEACHERS, TEACHER-AIDES, ADMIN-
   21  ISTRATORS, ASSISTANTS, CAFETERIA WORKERS, JANITORS, NURSES OR ANY  OTHER
   22  PERSON  WORKING  IN  A  SCHOOL THAT WOULD HAVE CONTACT WITH THE CHILDREN
   23  ATTENDING A SCHOOL;
   24    (II) ANY POSITION IN A CHILD-CARE FACILITY;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06272-02-5
       S. 1943                             2
    1    (III) ANY RECREATIONAL POSITION SUCH AS A COACH,  BOY  OR  GIRL  SCOUT
    2  LEADER,  CAMP COUNSELOR, LIFEGUARD, INSTRUCTOR OR ANY OTHER RECREATIONAL
    3  POSITION IN A PARK, PLAYGROUND, AMUSEMENT PARK, POOL OR ANY OTHER FACIL-
    4  ITY THAT WOULD ALLOW A SUBSTANTIAL CONTACT WITH CHILDREN;
    5    (IV)  ANY  POSITION  IN  A  STORE  OR  RESTAURANT THAT IS SPECIFICALLY
    6  TARGETED TOWARDS CHILDREN SUCH AS  A  TOY  STORE  OR  CHILDREN'S  THEMED
    7  RESTAURANT; OR
    8    (V)  ANY  POSITION  INVOLVING THE CARE OF ONE OR MORE FOSTER CHILDREN,
    9  INCLUDING AN APPOINTMENT AS A FOSTER PARENT.
   10    3. EVERY EMPLOYER, ORGANIZATION AND GOVERNMENT ENTITY SHALL CHECK  ANY
   11  POTENTIAL  EMPLOYEES AND VOLUNTEERS SEEKING TO ASSUME AN ASSIGNMENT THAT
   12  WILL ALLOW SUBSTANTIAL CONTACT WITH CHILDREN AGAINST THE REGISTERED  SEX
   13  OFFENDERS  DATABASE  TO  ASCERTAIN  IF  SAID PERSON HAS A CONVICTION FOR
   14  SEXUAL ABUSE OF A CHILD.
   15    4. (A) ANY REGISTERED SEX OFFENDER WHO SEEKS OR ACCEPTS AN  ASSIGNMENT
   16  IN  VIOLATION  OF  THIS SECTION SHALL BE GUILTY OF A CLASS A MISDEMEANOR
   17  UPON THE FIRST CONVICTION THEREOF,  AND  UPON  A  SECOND  OR  SUBSEQUENT
   18  CONVICTION THEREOF SHALL BE GUILTY OF A CLASS D FELONY.
   19    (B)  ANY PERSON OR ORGANIZATION THAT KNOWINGLY PROVIDES A SEX OFFENDER
   20  WITH AN ASSIGNMENT IN VIOLATION OF THIS SECTION, REGARDLESS  OF  WHETHER
   21  SUCH  PERSON  RECEIVES  COMPENSATION  OR  IS  A  VOLUNTEER  SHALL,  UPON
   22  CONVICTION, BE GUILTY OF A CLASS A MISDEMEANOR FOR THE FIRST  CONVICTION
   23  THEREOF,  AND  UPON  A  SECOND OR SUBSEQUENT CONVICTION THEREOF SHALL BE
   24  GUILTY OF A CLASS D FELONY.
   25    S 2. This act shall take effect on the first of November next succeed-
   26  ing the date on which it shall have become a law.