Bill Text: NY A04567 | 2019-2020 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Introduced) 2019-02-04 - referred to correction [A04567 Detail]

Download: New_York-2019-A04567-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 4, 2019
          -- Multi-Sponsored by -- M. of  A.  COOK,  GALEF,  GANTT,  MAGNARELLI,
          ORTIZ,  SCHIMMINGER  --  read  once  and  referred to the Committee on
        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    §  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;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 4567                             2
     1    (ii) any position in a child-care facility;
     2    (iii)  any  recreational  position  such as a coach, boy or girl scout
     3  leader, camp counselor, lifeguard, instructor or any other  recreational
     4  position in a park, playground, amusement park, pool or any other facil-
     5  ity that would allow a substantial contact with children;
     6    (iv)  any  position  in  a  store  or  restaurant that is specifically
     7  targeted towards children such as  a  toy  store  or  children's  themed
     8  restaurant; or
     9    (v)  any  position  involving the care of one or more foster children,
    10  including an appointment as a foster parent.
    11    3. Every employer, organization and government entity shall check  any
    12  potential  employees and volunteers seeking to assume an assignment that
    13  will 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 an  assignment
    17  in  violation  of  this section shall be guilty of a class A misdemeanor
    18  upon the first conviction thereof,  and  upon  a  second  or  subsequent
    19  conviction thereof shall be guilty of a class D felony.
    20    (b)  Any person or organization that knowingly provides a sex offender
    21  with an assignment in violation of this section, regardless  of  whether
    22  such  person  receives  compensation  or  is  a  volunteer  shall,  upon
    23  conviction, be guilty of a class A misdemeanor for the first  conviction
    24  thereof,  and  upon  a  second or subsequent conviction thereof shall be
    25  guilty of a class D felony.
    26    § 2. This act shall take effect on the first of November next succeed-
    27  ing the date on which it shall have become a law.