Senate Bill S6851

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

                                  6851

                            I N  S E N A T E

                            February 16, 2010
                               ___________

Introduced  by  Sens. PADAVAN, SKELOS -- 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 A POSITION, EITHER AS PAID EMPLOYMENT OR  A  VOLUNTEER
POSITION, WHICH BY THE INHERENT NATURE OF THE POSITION 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. EXAMPLES OF SUCH POSITIONS INCLUDE, BUT ARE NOT 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 A SCHOOL;
  B. ANY POSITION IN A CHILD-CARE FACILITY;
  C. ANY RECREATIONAL POSITION SUCH AS A COACH, BOY OR GIRL SCOUT  LEAD-
ER,  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
  D. ANY STORE OR RESTAURANT THAT IS SPECIFICALLY TARGETED TOWARDS CHIL-
DREN SUCH AS A TOY STORE OR CHILDREN'S THEME RESTAURANT.
  3. EMPLOYERS, ORGANIZATIONS AND GOVERNMENT ENTITIES SHALL BE  PROVIDED
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 OR VOLUNTEERS SEEKING TO

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

                                                           LBD16019-01-0

S. 6851                             2

ASSUME A POSITION THAT WILL  ALLOW  SUBSTANTIAL  CONTACT  WITH  CHILDREN
AGAINST BOTH THE STATEWIDE CENTRAL REGISTRY OF CHILD ABUSE AND MALTREAT-
MENT  AND  THE  REGISTERED  SEX  OFFENDERS DATABASE TO ASCERTAIN IF SAID
PERSON HAS A CONVICTION FOR SEXUAL ABUSE OF A CHILD.
  4.  "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.
  5. 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 EMPLOYER OR ORGANIZATION THAT KNOWINGLY EMPLOYS A SEX  OFFENDER
IN  VIOLATION  OF  THIS  SECTION  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.