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

                                  10010

                          I N  A S S E M B L Y

                            February 24, 2010
                               ___________

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

AN ACT to amend the labor law,  in  relation  to  establishing  the  sex
  offender  employment  check act to require certain employers to access
  the sex offender registry prior to the commencement of work by employ-
  ees for certain positions with substantial contact with children;  and
  to amend the correction law, in relation to prohibiting registered 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. The labor law is amended by adding a new article 32 to read
as follows:
                               ARTICLE 32
                    SEX OFFENDER EMPLOYMENT CHECK ACT
SECTION 930. SHORT TITLE.
        931. DEFINITIONS.
        932. REQUIREMENT TO CHECK SEX OFFENDER REGISTRY.
        933. PENALTIES.
  S 930. SHORT TITLE. THIS ACT SHALL BE KNOWN AND MAY BE  CITED  AS  THE
"SEX OFFENDER EMPLOYMENT CHECK ACT".
  S  931. DEFINITIONS. 1. "SUBSTANTIAL CONTACT WITH CHILDREN" AS USED IN
THIS ARTICLE SHALL MEAN WORKING WITH CHILDREN, HAVING OPPORTUNITY TO  BE
ALONE  WITH CHILDREN, SPENDING TIME SPECIFICALLY WITH CHILDREN, PERFORM-
ING FOR CHILDREN OR ANY OTHER ACTIVITY THAT IS TARGETED TO INVOLVE CHIL-
DREN.
  2. "EMPLOYER" AS USED IN THIS ARTICLE SHALL  MEAN  ANY  PERSON,  FIRM,
LIMITED  LIABILITY COMPANY, ORGANIZATION, GOVERNMENT ENTITY, ASSOCIATION
OR CORPORATION.
  S 932. REQUIREMENT TO  CHECK  SEX  OFFENDER  REGISTRY.  1.  (A)  EVERY
EMPLOYER  WHICH EMPLOYS INDIVIDUALS OR ACCEPTS VOLUNTEERS FOR POSITIONS,
WHICH BY THE INHERENT  NATURE  OF  THE  POSITION  PLACES  THE  POTENTIAL
EMPLOYEE  OR  VOLUNTEER  IN  SUBSTANTIAL CONTACT WITH CHILDREN, SHALL BE
REQUIRED TO ASCERTAIN WHETHER A POTENTIAL EMPLOYEE OR VOLUNTEER  SEEKING
TO  ASSUME SUCH A POSITION, IS LISTED ON THE STATE SEX OFFENDER REGISTRY

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

                                                           LBD16071-01-0

A. 10010                            2

PURSUANT TO ARTICLE SIX-C OF THE  CORRECTION  LAW  AND/OR  WHETHER  SUCH
POTENTIAL  EMPLOYEE  OR  VOLUNTEER  IS  LISTED  ON THE STATEWIDE CENTRAL
REGISTRY OF CHILD ABUSE AND MALTREATMENT PRIOR TO THE DAY SUCH POTENTIAL
EMPLOYEE OR VOLUNTEER COMMENCES WORK FOR THE EMPLOYER AND ANNUALLY THER-
EAFTER.
  (B)  EVERY  EMPLOYER 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.
  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, MARTIAL  ARTS  INSTRUC-
TOR,  BOY OR GIRL SCOUT LEADER, CAMP COUNSELOR, LIFEGUARD, INSTRUCTOR OR
ANY OTHER RECREATIONAL POSITION IN A PARK, PLAYGROUND,  AMUSEMENT  PARK,
POOL  OR  ANY  OTHER  FACILITY THAT WOULD ALLOW SUBSTANTIAL CONTACT WITH
CHILDREN; OR
  (D) ANY STORE OR RESTAURANT  THAT  IS  SPECIFICALLY  TARGETED  TOWARDS
CHILDREN SUCH AS A TOY STORE OR CHILDREN'S THEME RESTAURANT.
  S  933.  PENALTIES.  1.  ANY  EMPLOYER  WHO  FAILS  TO COMPLY WITH THE
PROVISIONS OF THIS ARTICLE SHALL BE LIABLE FOR A CIVIL  PENALTY  NOT  TO
EXCEED  TWO  HUNDRED  FIFTY DOLLARS FOR THE FIRST VIOLATION, TWENTY-FIVE
HUNDRED DOLLARS FOR A SECOND VIOLATION AND FIVE THOUSAND DOLLARS  FOR  A
THIRD  AND  ALL  SUBSEQUENT VIOLATIONS, IN ADDITION TO ANY OTHER DAMAGES
FOR WHICH AN EMPLOYER MAY BE LIABLE PURSUANT TO ANY OTHER  PROVISION  OF
LAW. EACH FAILURE TO ASCERTAIN WHETHER A POTENTIAL EMPLOYEE OR VOLUNTEER
IS  REQUIRED TO MAINTAIN REGISTRATION ON THE STATE SEX OFFENDER REGISTRY
OR IS LISTED ON THE  STATEWIDE  CENTRAL  REGISTRY  OF  CHILD  ABUSE  AND
MALTREATMENT  SHALL  CONSTITUTE  A VIOLATION.   THE ATTORNEY GENERAL MAY
BRING AN ACTION IN THE SUPREME  COURT  AGAINST  ANY  PERSON  OR  PERSONS
ALLEGED  TO HAVE VIOLATED THE PROVISIONS OF THIS ARTICLE. SUCH PENALTIES
SHALL BE PAID TO THE COMMISSIONER FOR DEPOSIT IN  THE  TREASURY  OF  THE
STATE.
  2. ANY EMPLOYER WHO VIOLATES, OR IF THE EMPLOYER IS A CORPORATION, THE
OFFICERS  OF  A CORPORATION AND STOCKHOLDERS HOLDING TEN PERCENT OR MORE
OF THE STOCK OF SUCH CORPORATION WHICH IS NOT PUBLICLY TRADED WHO  KNOW-
INGLY  PERMIT  THE  CORPORATION  TO VIOLATE, OR WHO WILLFULLY AND INTEN-
TIONALLY VIOLATES THE PROVISIONS OF THIS ARTICLE SHALL,  FOR  ALL  THIRD
AND  SUBSEQUENT  VIOLATIONS  AND UPON CONVICTION THEREOF, BE GUILTY OF A
CLASS B MISDEMEANOR.
  S 2. 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. 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 DIRECT CONTACT WITH CHILDREN.
  2. EXAMPLES OF SUCH POSITIONS INCLUDE, BUT ARE NOT LIMITED TO:
  (A)  ANY  POSITION  IN  A  SCHOOL  INCLUDING TEACHERS, TEACHERS-AIDES,
ADMINISTRATORS, ASSISTANTS, CAFETERIA WORKERS, JANITORS, NURSES  OR  ANY

A. 10010                            3

OTHER  PERSON WORKING IN A SCHOOL THAT WOULD HAVE CONTACT WITH THE CHIL-
DREN ATTENDING A SCHOOL;
  (B) ANY POSITION IN A CHILD-CARE FACILITY;
  (C)  ANY  RECREATIONAL POSITION SUCH AS A COACH, MARTIAL ARTS INSTRUC-
TOR, BOY OR GIRL SCOUT LEADER, CAMP COUNSELOR, LIFEGUARD, INSTRUCTOR  OR
ANY  OTHER  RECREATIONAL POSITION IN A PARK, PLAYGROUND, AMUSEMENT PARK,
POOL OR ANY OTHER FACILITY THAT WOULD  ALLOW  SUBSTANTIAL  CONTACT  WITH
CHILDREN; OR
  (D)  ANY  STORE  OR  RESTAURANT  THAT IS SPECIFICALLY TARGETED TOWARDS
CHILDREN SUCH AS A TOY STORE OR CHILDREN'S THEME RESTAURANT.
  3. EMPLOYERS SHALL BE PROVIDED ACCESS TO THE STATEWIDE CENTRAL  REGIS-
TRY  OF  CHILD  ABUSE  AND  MALTREATMENT FOR THE PURPOSE OF PERFORMING A
BACKGROUND CHECK FOR ANY CONVICTIONS OF SEXUAL ABUSE OF A  CHILD.  EVERY
EMPLOYER  SHALL  CHECK  ANY POTENTIAL EMPLOYEES OR VOLUNTEERS SEEKING TO
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.  "EMPLOYER"  AS  USED  IN  THIS  SECTION SHALL MEAN AND INCLUDE ANY
PERSON, FIRM, LIMITED LIABILITY COMPANY, ORGANIZATION, GOVERNMENT  ENTI-
TY, ASSOCIATION AND CORPORATION.
  6.  (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 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.