S T A T E O F N E W Y O R K
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3396
2009-2010 Regular Sessions
I N S E N A T E
March 18, 2009
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Introduced by Sen. NOZZOLIO -- 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 permitting certain
school and day care providers to exclude from employment certain
persons with a felony record involving certain offenses against chil-
dren, drug sale or possession, use of firearms or violent acts
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 753 of the correction law is amended by adding a
new subdivision 3 to read as follows:
3. NOTHING IN THIS CHAPTER PROTECTING THE HIRING OF FORMER FELONS
SHALL APPLY TO A NURSERY SCHOOL, DAY CARE SERVICE PROVIDER, EARLY CHILD-
HOOD EDUCATION PROVIDER, OR A PUBLIC OR PRIVATE SCHOOL SERVING GRADES
FROM PRE-KINDERGARTEN THROUGH GRADE TWELVE. NOTWITHSTANDING ANY DECI-
SIONS MADE BY THE STATE EDUCATION DEPARTMENT UNDER SECTION THREE HUNDRED
FIVE OF THE EDUCATION LAW, REGARDING EMPLOYMENT, TO PROTECT CHILDREN
SUCH EMPLOYERS MAY LAWFULLY ESTABLISH A BLANKET POLICY EXCLUDING FROM
EMPLOYMENT INVOLVING CONTACT WITH CHILDREN ANY PERSON WITH A FELONY
RECORD IN NEW YORK STATE OR ANY OTHER JURISDICTION INVOLVING PEDOPHILIA,
SEX OFFENSES, DRUG SALE OR POSSESSION, USE OF FIREARMS, OR INVOLVING ANY
VIOLENT ACTS.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00725-01-9