senate Bill S1418

Relates to employment of sex offenders

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 07 / Jan / 2011
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • 08 / Mar / 2011
    • 1ST REPORT CAL.186
  • 09 / Mar / 2011
    • 2ND REPORT CAL.
  • 10 / Mar / 2011
    • ADVANCED TO THIRD READING
  • 05 / Apr / 2011
    • PASSED SENATE
  • 05 / Apr / 2011
    • DELIVERED TO ASSEMBLY
  • 06 / Apr / 2011
    • REFERRED TO CORRECTION
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • 07 / Mar / 2012
    • 1ST REPORT CAL.320
  • 12 / Mar / 2012
    • 2ND REPORT CAL.
  • 13 / Mar / 2012
    • ADVANCED TO THIRD READING
  • 14 / Mar / 2012
    • PASSED SENATE
  • 14 / Mar / 2012
    • DELIVERED TO ASSEMBLY
  • 14 / Mar / 2012
    • REFERRED TO CORRECTION

Summary

Prohibits permissible employment, and volunteer activities that may be preformed by convicted sex offenders; specifically, prohibits a sex offender to have unsupervised access to residential living quarters.

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Bill Details

Versions:
S1418
Legislative Cycle:
2011-2012
Current Committee:
Law Section:
Correction Law
Laws Affected:
Amd ยง168-v, Cor L
Versions Introduced in 2009-2010 Legislative Cycle:
S6857

Sponsor Memo

BILL NUMBER:S1418

TITLE OF BILL:
An act
to amend the correction law, in relation to permissible employment,
employment related activities, and volunteer activities that may be
performed by convicted sex offenders

PURPOSE:
This bill amends certain sections of the correction law with
respect to the employment of convicted sex offenders.

SUMMARY OF PROVISIONS:
Section 1 amends the Correction Law by prohibiting convicted sex
offenders from working or volunteering at any facility where such
employment would allow the offender unsupervised access to
residential living quarters.
Section 2 establishes an immediate effective date.

JUSTIFICATION:
The enactment of the Sex Offender Registration Act (SORA) (Correction
Law Article 6-C) in 1996 established a system within which to
protect our communities by requiring sex offenders to register with
the State, and to make public information about offenders living in
our neighborhoods. Armed with this information, our communities are
able to shield the most vulnerable of citizens. While current law
provides comprehensive residential prohibitions, it lacks similar
employment restrictions. The law goes to great lengths to restrict
convicted sex offenders from living in our neighborhoods, yet allows
convicted offenders to work in our homes without our knowledge or
supervision.

This loophole was recently highlighted in the news when it was
discovered that a Level-3 sex offender was employed as a
superintendent in a residential building in Manhattan. Employment as
a building superintendent allowed this convicted offender to possess
keys to individual apartments. Permitting convicted sex offenders
such unsupervised access is dangerous, and counter-intuitive. Most
shocking about this unfettered access to residences, is that the
existing law does not prohibit convicted sex offenders from obtaining
such employment.

Amending Section 168-v of the Correction Law expands and enhances the
protections established by the Sex Offender Registration Act. This
amendment is not intended to bar one's ability to secure a
livelihood, but to exclude from permissible employment those
positions in which convicted sex offenders have unsupervised access
to residences. Requiring direct supervision of any convicted sex
offender employee, or volunteer, who has access to residential living
quarters is not only prudent, but necessary to protect our most
vulnerable citizens.

LEGISLATIVE HISTORY:
2010: S.6857 - Crime Victims, Crime and Correction

FISCAL IMPLICATIONS:


None.

EFFECTIVE DATE:
This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1418

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 7, 2011
                               ___________

Introduced  by  Sen.  SALAND -- 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 permissible employ-
  ment, employment related activities, and volunteer activities that may
  be performed by convicted sex offenders

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 168-v of the correction law, as amended by chapter
604 of the laws of 2005, is amended to read as follows:
  S 168-v. Prohibition of CERTAIN TYPES OF employment [on motor vehicles
engaged in retail sales  of  frozen  desserts]  AND  EMPLOYMENT  RELATED
ACTIVITIES. No person required to maintain registration under this arti-
cle  (sex  offender registration act) shall: (I) operate, be employed on
or dispense goods for sale at retail  on  a  motor  vehicle  engaged  in
retail  sales  of frozen desserts as defined in subdivision thirty-seven
of section three hundred seventy-five of the vehicle and traffic law; OR
(II) BE PERMITTED TO WORK AT OR VOLUNTEER AT ANY  FACILITY  WHEREBY  THE
NATURE  OF THE WORK WOULD PERMIT SUCH PERSON TO HAVE UNSUPERVISED ACCESS
TO RESIDENTIAL LIVING QUARTERS INCLUDING, BUT NOT LIMITED TO WORK  AS  A
RESIDENTIAL  BUILDING SUPERINTENDENT, MANAGER, OR MAINTENANCE WORKER, OR
A HOME HEALTH AIDE, OR IN AN ASSISTED LIVING FACILITY.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05616-01-1

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