Assembly Bill A10276A

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

                                10276--A
                                                        Cal. No. 919

                          I N  A S S E M B L Y

                             March 16, 2010
                               ___________

Introduced  by  M.  of  A.  ORTIZ,  CASTRO,  POWELL,  MARKEY, N. RIVERA,
  DelMONTE, HOOPER, KOON, GABRYSZAK, GALEF,  ZEBROWSKI,  GIBSON,  SPANO,
  ROBINSON,  M. MILLER,  HYER-SPENCER  -- Multi-Sponsored by -- M. of A.
  COLTON, HIKIND, SWEENEY, THIELE --  read  once  and  referred  to  the
  Committee  on  Correction  --  reported  from committee, advanced to a
  third reading, amended and ordered reprinted, retaining its  place  on
  the order of third reading

AN  ACT  to amend the correction law, in relation to requiring level two
  sex offenders to register their employment address

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

  Section  1.  Paragraph  (e)  of  subdivision 1 of section 168-b of the
correction law, as amended by chapter 10 of the laws of 2003, is amended
to read as follows:
  (e) If the sex offender has been given a level  TWO  OR  three  desig-
nation,  such offender's employment address. THIS SHALL INCLUDE, BUT NOT
BE  LIMITED  TO,  THE  OFFENDER'S  ACTUAL  and/or  expected   place   of
employment, WHETHER FOR COMPENSATION OR NOT.
  S  2.  Paragraph  (b-1)  of  subdivision  2  of  section  168-f of the
correction law, as amended by chapter 10 of the laws of 2003, is amended
to read as follows:
  (b-1) If the sex offender has been given a level TWO OR  three  desig-
nation,  such  offender shall sign the verification form, and state that
he or she still is employed at the address last reported to the division
AS REQUIRED UNDER SECTION ONE HUNDRED SIXTY-EIGHT-B OF THIS ARTICLE.
  S 3.  Section 168-w of the correction law, as  relettered  by  chapter
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. PROHIBITION ON CERTAIN EMPLOYMENT. 1. NO SEX  OFFENDER  SHALL
APPLY  FOR  OR ACCEPT A POSITION WHICH INVOLVES SUBSTANTIAL CONTACT WITH
CHILDREN. SUCH POSITION SHALL  INCLUDE  ANY  JOB,  TASK,  OCCUPATION  OR
VOLUNTEER  POSITION  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD16187-02-0

A. 10276--A                         2

TO ANY PERSON SEEKING A PERMIT OR PERMISSION 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 NOT PAID, 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 INCLUDE, BUT ARE NOT LIMITED TO:
  A.  ANY POSITION IN A SCHOOL INCLUDING TEACHERS, TEACHER-AIDES, ADMIN-
ISTRATORS, ASSISTANTS, CAFETERIA WORKERS, JANITORS, NURSES,  COACHES  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;
  C. ANY RECREATIONAL POSITION SUCH AS A COACH, BOY SCOUT OR GIRL  SCOUT
LEADER,  CAMP COUNSELOR, LIFEGUARD, INSTRUCTOR OR ANY OTHER RECREATIONAL
AREA THAT WOULD PRESENT A SUBSTANTIAL CONTACT WITH CHILDREN;
  D. ANY POSITION IN A PARK, PLAYGROUND, AMUSEMENT  PARK,  POOL  OR  ANY
OTHER FACILITY OR AREA WHERE CHILDREN HAVE A PROPENSITY TO INHABIT;
  E. ANY STORE OR RESTAURANT THAT IS SPECIFICALLY TARGETED TOWARDS CHIL-
DREN SUCH AS A TOY STORE OR CHILDREN'S THEME RESTAURANT;
  F.  ANY  POSITION  WHEREIN  A PERSON WOULD BE EMPLOYED IN AN AREA THAT
SPECIFICALLY IS TARGETED TOWARDS CHILDREN SUCH AS  AN  ICE  CREAM  TRUCK
OPERATOR;
  G.  ANY  PERSON  APPLYING  FOR A PERMIT OR PERMISSION THAT WOULD GRANT
SAID PERSON THE ABILITY TO CARRY OUT ANY  ACTIVITY  OR  ACTION  THAT  IS
DIRECTED TOWARDS OR WOULD INVOLVE SUBSTANTIAL CONTACT WITH CHILDREN.
  4.  EMPLOYERS, ORGANIZATIONS AND GOVERNMENT ENTITIES SHALL HAVE ACCESS
TO THE STATEWIDE CENTRAL REGISTRY OF CHILD ABUSE  AND  MALTREATMENT  FOR
THE  PURPOSE  OF  PERFORMING  A  BACKGROUND CHECK FOR ANY CONVICTIONS OF
SEXUAL ABUSE OF A CHILD. EVERY  EMPLOYER,  ORGANIZATION  AND  GOVERNMENT
ENTITY  SHALL CHECK ANY POTENTIAL EMPLOYEES SEEKING TO ASSUME A POSITION
THAT WILL BE IN SUBSTANTIAL  CONTACT  WITH  CHILDREN  AGAINST  BOTH  THE
STATEWIDE  CENTRAL  REGISTRY  OF  CHILD  ABUSE  AND MALTREATMENT AND THE
REGISTERED SEX OFFENDERS DATABASE TO ASCERTAIN  IF  SAID  PERSON  HAS  A
CONVICTION FOR SEXUAL ABUSE OF A CHILD.
  5.  "SUBSTANTIAL  CONTACT WITH CHILDREN" AS USED IN THIS SECTION MEANS
WORKING WITH CHILDREN, HAVING ACCESS TO CHILDREN, HAVING OPPORTUNITY  TO
BE  ALONE  WITH  CHILDREN,  SPENDING  TIME WITH CHILDREN, PERFORMING FOR
CHILDREN OR ANY OTHER ACTIVITY THAT INVOLVES CHILDREN.
  6. A. ANY SEX OFFENDER  WHO  APPLIES  FOR  OR  ACCEPTS  EMPLOYMENT  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 EMPLOYER WHO KNOWINGLY EMPLOYS A SEX OFFENDER IN  VIOLATION  OF
THIS SECTION SHALL, UPON CONVICTION, BE GUILTY OF A CLASS A MISDEMEANOR.
  S 4. This act shall take effect immediately.