senate Bill S3762

Prohibits registered sex offenders from working with children

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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

  • 14 / Feb / 2013
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • 20 / May / 2013
    • 1ST REPORT CAL.618
  • 21 / May / 2013
    • 2ND REPORT CAL.
  • 22 / May / 2013
    • ADVANCED TO THIRD READING
  • 23 / May / 2013
    • PASSED SENATE
  • 23 / May / 2013
    • DELIVERED TO ASSEMBLY
  • 23 / May / 2013
    • REFERRED TO CORRECTION
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

Summary

Prohibits registered sex offenders from working with children.

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Bill Details

See Assembly Version of this Bill:
A4750A
Versions:
S3762
Legislative Cycle:
2013-2014
Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Correction Law
Laws Affected:
Rel §168-w to be §168-x, add §168-w, Cor L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S2693, A4151, S2693
2009-2010: S6851, A1716, S6851
2013-2014: S3762
2007-2008: A905

Sponsor Memo

BILL NUMBER:S3762 REVISED 2/19/13

TITLE OF BILL: An act to amend the correction law, in relation to
prohibiting registered sex offenders from working with children

PURPOSE: To prohibit registered sex offenders from working with
children

SUMMARY OF PROVISIONS:

Section one of the bill amends section 168-w of the Correction Law to
prohibit all registered sex offenders from accepting a position
whether paid or as a volunteer which places the person in substantial
contact with children. "Substantial contact with children" is defined.
Employers, organizations, and government entities are required to
complete a background check against New York State's Sex Offender
Registry maintained by the Division of Criminal Justice Services for
all prospective employees and volunteers. Penalties are provided for
registered sex offenders who violate this section as well as any
employers who knowingly violate this section.

Section two provides that this act shall take effect on the first of
November next succeeding the date on which it shall have become a law.

EXISTING LAW: Under current law, sex offenders are not prohibited
from working or volunteering in many capacities that place them in
direct or substantial contact with children.

JUSTIFICATION: Sex offenders and pedophiles have an extremely high
rate of recidivism. In some instances these rates are as high as 40
percent. Even more disturbing are the statistics that state the
typical pedophile commits an average of 280 sexual crimes during their
lifetime and the average serial child molester has between 260-380
victims in their lifetime.

These sobering statistics and many high-profile cases of convicted sex
offenders who were released back into our communities who assaulted,
abused, tortured, and even murdered innocent children were driving
forces behind the creation of nationwide sex offender registries.

While parents and communities can monitor the whereabouts of convicted
sex offenders released back into their neighborhoods, they should not
have to worry that places they bring their children for care,
recreation, entertainment or any other type of child-based activity
have registered sex offenders on the payroll or working as volunteers.

The need for this type of legislation and a change in New York State
Law is epitomized by the 2010 story revealing that a Level 2 sex
offender who was convicted of sexual assault in the 1st degree for
sexually abusing an 11year-old girl, is operating a karate school in
Glendale, Queens. This individual has daily contact with young
children whose parents bring them there for a recreational activity in
what is assumed to be a safe environment. Clearly, these children are
not safe being in direct and close contact with a Level 2 sex offender
with a predilection for young girls.


This legislation would put an end to this type of abhorrent situation
by prohibiting all registered sex offenders from working or
volunteering with children in any capacity.

LEGISLATIVE HISTORY: 2011-2: S.2693 - Referred to Crime Victims,
Crime and Correction both years 2010: S.6851 - Referred to Crime
Victims, Crime and Correction

FISCAL IMPLICATIONS: Minimal

EFFECTIVE DATE: This act shall take effect the first of November next
succeeding the date it shall become law.

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

                                  3762

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 14, 2013
                               ___________

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:

  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 PROHIBITED FROM WORKING WITH  CHILDREN.  1.  NO
PERSON  REQUIRED  TO  MAINTAIN  REGISTRATION UNDER THIS ARTICLE SHALL BE
ALLOWED TO ACCEPT AN ASSIGNMENT, EITHER AS PAID EMPLOYMENT OR  A  VOLUN-
TEER,  WHICH  BY THE INHERENT NATURE OF THE ASSIGNMENT PLACES THE PERSON
IN SUBSTANTIAL CONTACT WITH CHILDREN. THIS SECTION SHALL ALSO  APPLY  TO
ANY  PERSON  SEEKING  A  PERMIT OR PERMISSION TO EXECUTE ANY ACTIVITY OR
PERFORMANCE THAT WOULD PRESENT A DIRECT CONTACT WITH CHILDREN.
  2.  FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL  HAVE  THE
FOLLOWING MEANINGS:
  (A)  "SUBSTANTIAL CONTACT WITH CHILDREN" AS USED IN THIS SECTION SHALL
MEAN WORKING WITH CHILDREN, HAVING OPPORTUNITY TO BE  ALONE  WITH  CHIL-
DREN,  SPENDING TIME SPECIFICALLY WITH CHILDREN, PERFORMING FOR CHILDREN
OR ANY OTHER ACTIVITY THAT IS TARGETED TO INVOLVE CHILDREN; AND
  (B) "ASSIGNMENT" SHALL MEAN ANY POSITION, JOB OR WORK  INCLUDING,  BUT
NOT LIMITED TO:
  (I) 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 A SCHOOL;
  (II) ANY POSITION IN A CHILD-CARE FACILITY;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07413-02-3

S. 3762                             2

  (III)  ANY  RECREATIONAL  POSITION  SUCH AS A COACH, BOY OR GIRL SCOUT
LEADER, CAMP COUNSELOR, LIFEGUARD, INSTRUCTOR OR ANY OTHER  RECREATIONAL
POSITION IN A PARK, PLAYGROUND, AMUSEMENT PARK, POOL OR ANY OTHER FACIL-
ITY THAT WOULD ALLOW A SUBSTANTIAL CONTACT WITH CHILDREN; OR
  (IV)  ANY  POSITION  IN  A  STORE  OR  RESTAURANT THAT IS SPECIFICALLY
TARGETED TOWARDS CHILDREN SUCH AS  A  TOY  STORE  OR  CHILDREN'S  THEMED
RESTAURANT.
  3.  EVERY EMPLOYER, ORGANIZATION AND GOVERNMENT ENTITY SHALL CHECK ANY
POTENTIAL EMPLOYEES OR VOLUNTEERS SEEKING TO ASSUME A POSITION THAT WILL
ALLOW  SUBSTANTIAL  CONTACT  WITH  CHILDREN  AGAINST  THE REGISTERED SEX
OFFENDERS DATABASE TO ASCERTAIN IF SAID  PERSON  HAS  A  CONVICTION  FOR
SEXUAL ABUSE OF A CHILD.
  4.  (A) ANY REGISTERED SEX OFFENDER WHO SEEKS OR ACCEPTS A POSITION IN
VIOLATION OF THIS SECTION SHALL BE GUILTY OF A CLASS A MISDEMEANOR  UPON
THE FIRST CONVICTION THEREOF, AND UPON A SECOND OR SUBSEQUENT CONVICTION
THEREOF SHALL BE GUILTY OF A CLASS D FELONY.
  (B)  ANY  PERSON OR ORGANIZATION THAT KNOWINGLY EMPLOYS A SEX OFFENDER
IN VIOLATION OF THIS SECTION, REGARDLESS OF WHETHER SUCH PERSON RECEIVES
COMPENSATION OR IS A VOLUNTEER SHALL, UPON CONVICTION, BE  GUILTY  OF  A
CLASS A MISDEMEANOR.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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