BILL NUMBER:  S1049

 TITLE OF BILL :
An act to amend the correction law, in relation to prohibiting sex
offenders from any position involving substantial contact with
children


 PURPOSE :
To provide that sex offenders shall not be employed in any job
involving substantial contact with children.

 SUMMARY OF PROVISIONS :
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 which stipulates that sex offenders not be employed in a job
involving substantial contact with children.

Section 1 indicates that no sex offender shall apply for or accept
employment in a position which involves substantial contact with
children. Such employment shall include any job, task or occupation
which by its nature, requires the employee to be in contact with
children in the regular performance of his or her duties in such
position. This section also applies to any person seeking a permit or
permission to execute any activity or performance that would present a
direct contact with children.
              

Section 2 stipulates the definition of "position" shall apply to any
person seeking employment either paid or not paid, any person seeking
to volunteer, or any person seeking a permit or permission that would
present substantial contact with children.

Section 3 lists examples of such employment which include, but are not
limited to: (a) Any position in a school including teachers,
teacher-aides, administrators, 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 childcare 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 children such as a toy store or
children's theme restaurant; (f) Any position whereas 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 toward or would involve
substantial contact with children.

Section 4 stipulates that employers, organizations or 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. Such employers,
organizations or government entities shall also check the registered
sex offenders database to see if the applicant is a registered sex
offender.

Section 5 defines "substantial contact with children" as working with
children, having access to children, performing for children, having
opportunity to be alone with children, or any other activity that
involves children.

Section 6 (a) any sex offender who applies for or accepts employment
in violation of this section shall be a guilty of a class A
misdemeanor upon conviction of the first offense, and upon conviction
for a second or subsequent offense 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.

 JUSTIFICATION :
The recidivism rate for sex offenders is seven times that of any other
crime. Pedophiles have an established propensity to prey on children,
which is what dictated the need for Megan's Law, the database of
registered sex offenders. While Megan's Law tracks sex offenders and
maintains a neighborhood notification program to warn unsuspecting
residents, there are apparent loopholes in the legal intentions of the
law that must be addressed.

Common sense dictates that a convicted sex offender should not be
permitted to work with or around children, due to the very real threat
of a repeat offense. However, New York's laws currently do not
prohibit sex offenders from working with children, which leaves open
the possibility that they can and will.

A recent case in Westchester County highlighted the immediate need for
legislation that will prohibit sex offenders from being employed in
any position that has substantial contact with children. A U.S.
District Court ruled in favor of allowing a twice-convicted sex
offender from performing as a clown in Westchester's Playland Park.

There is almost a guarantee that, given the opportunity, a pedophile
will strike again. Knowing this information, there is an obligation to
put forth laws that will keep children out of harm's way by helping to
shield them from sexual predators.

 LEGISLATIVE HISTORY :
S.204/A.9767 of 2005/2006; Passed Senate
S.3247/A.4179-A of 2003/2004; Advanced to Third Reading in 2004.
S.44 of 2007-2008; Passed Senate

 FISCAL IMPLICATIONS :
To be determined.

 EFFECTIVE DATE :
This Act shall take effect on the first of November next succeeding
the date on which it shall have become a law.