Assembly Bill A298

2013-2014 Legislative Session

Prohibits the employment of sex offenders in any position having substantial contact with children

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-A298 (ACTIVE) - Details

Current Committee:
Assembly Correction
Law Section:
Correction Law
Laws Affected:
Rel §168-w to be §168-x, add §168-w, Cor L
Versions Introduced in Other Legislative Sessions:
2011-2012: A4897
2015-2016: A954
2017-2018: A589
2019-2020: A896

2013-A298 (ACTIVE) - Summary

Prohibits the employment of a sex offender in any position having substantial contact with children; defines "substantial contact" as any activity involving children; establishes criminal penalties for violation of statutory provisions.

2013-A298 (ACTIVE) - Bill Text download pdf

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

                                   298

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. MILLER -- read once and referred to the Committee
  on Correction

AN  ACT  to  amend  the  correction  law, in relation to prohibiting sex
  offenders from any position involving substantial contact  with  chil-
  dren

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

  Section 1. Section 168-w of the correction law, as relettered by chap-
ter 604 of the laws of 2005, is  relettered  section  168-x  and  a  new
section 168-w is added to read as follows:
  S  168-W.  SEX OFFENDERS SHALL NOT BE EMPLOYED IN A POSITION INVOLVING
SUBSTANTIAL CONTACT WITH CHILDREN. 1. NO SEX OFFENDER SHALL APPLY FOR OR
ACCEPT A POSITION WHICH INVOLVES SUBSTANTIAL CONTACT WITH CHILDREN. SUCH
POSITION SHALL INCLUDE ANY JOB, TASK OR OCCUPATION, WHICH BY ITS NATURE,
REQUIRES A PERSON TO BE IN SUBSTANTIAL  CONTACT  WITH  CHILDREN  IN  THE
REGULAR  PERFORMANCE  OF HIS OR HER DUTIES OR DEALINGS IN SUCH POSITION.
THIS SECTION SHALL ALSO APPLY TO ANY PERSON SEEKING A PERMIT OR  PERMIS-
SION  TO EXECUTE ANY ACTIVITY OR PERFORMANCE THAT WOULD PRESENT A DIRECT
CONTACT WITH CHILDREN.
  2. THE DEFINITION OF "POSITION" AS USED IN THIS SECTION,  SHALL  APPLY
TO ANY PERSON SEEKING EMPLOYMENT EITHER PAID OR UNPAID, ANY PERSON SEEK-
ING  TO  VOLUNTEER,  OR  ANY  PERSON SEEKING A PERMIT OR PERMISSION THAT
WOULD PRESENT A SUBSTANTIAL CONTACT WITH CHILDREN.
  3. EXAMPLES OF SUCH EMPLOYMENT SHALL INCLUDE, BUT SHALL NOT BE LIMITED
TO:
  A. ANY POSITION IN A SCHOOL INCLUDING TEACHERS, TEACHER-AIDES,  ADMIN-
ISTRATORS,  ASSISTANTS, CAFETERIA WORKERS, JANITORS, NURSES OR ANY OTHER
PERSON WORKING IN A SCHOOL THAT WOULD HAVE  CONTACT  WITH  THE  CHILDREN
ATTENDING SAID SCHOOL;
  B. ANY POSITION IN A CHILD-CARE FACILITY;

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

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