Bill Text: NY S01875 | 2021-2022 | 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 and provides certain penalties for violations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S01875 Detail]

Download: New_York-2021-S01875-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          1875

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 16, 2021
                                       ___________

        Introduced  by  Sen. SKOUFIS -- 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 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 relettered 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:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06032-01-1

        S. 1875                             2

     1    i. legendary figures such as Santa Claus or the Easter bunny;
     2    ii. mythical characters; and
     3    iii.  any such similar children's character that a person may dress as
     4  for a position which involves substantial contact with children.
     5    c. "Substantial contact with children" shall mean allowing children to
     6  sit on such person dressed as a character's  lap,  having  photos  taken
     7  with  children while such person is dressed as a children's character or
     8  any other activity that involves physical contact  with  children  while
     9  such person is dressed as a children's character.
    10    3. Examples of such employment shall include, but shall not be limited
    11  to, being dressed as a children's character at:
    12    a.  Any  shopping  mall or shopping center event specifically targeted
    13  toward children interacting with such  a  character,  such  as  but  not
    14  limited to photos with Santa;
    15    b.  Any  store  event  that  is  specifically targeted toward children
    16  interacting with such a character;
    17    c. Any such similar event that  promotes  activities  targeted  toward
    18  children interacting with such a character.
    19    4.  Employers, organizations and government entities shall have access
    20  to the statewide central registry of child abuse and  maltreatment,  the
    21  New  York  state  sex offender registry, the criminal history repository
    22  with the division of criminal justice services,  the  national  criminal
    23  repository with the federal bureau of investigation and the national sex
    24  offender  registry  using  the  national  crime  and information center,
    25  established under the Adam Walsh child protection and safety act of 2006
    26  (42 U.S.C. 16901 et seq) for the  purpose  of  performing  a  background
    27  check  for  any  convictions of sexual abuse of a child. Every employer,
    28  organization and government entity shall check any  potential  employees
    29  seeking  to  assume  a position that will be in substantial contact with
    30  children dressed as a children's character against the statewide central
    31  registry of child abuse and maltreatment, the New York state sex  offen-
    32  der registry, the criminal history repository with the division of crim-
    33  inal justice services, the national criminal repository with the federal
    34  bureau of investigation and the national sex offender registry using the
    35  national  crime and information center, established under the Adam Walsh
    36  child protection and safety act of 2006 (42  U.S.C.  16901  et  seq)  to
    37  ascertain if said person has a conviction for sexual abuse of a child.
    38    5.  a.  Any  sex  offender  who  applies  for or accepts employment in
    39  violation of this section shall be guilty of a class A misdemeanor  upon
    40  the first conviction thereof, and upon a second or subsequent conviction
    41  thereof shall be guilty of a class D felony.
    42    b.  Any  employer who knowingly employs a sex offender in violation of
    43  this section shall, upon conviction, be guilty of a class A misdemeanor.
    44    § 2. This act shall take effect on the first of November next succeed-
    45  ing the date on which it shall have become a law.
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