senate Bill S260

2011-2012 Legislative Session

Prohibits the employment of sex offenders in any position having substantial contact with children

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

do you support this bill?

Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
Mar 22, 2012 advanced to third reading
Mar 21, 2012 2nd report cal.
Mar 20, 2012 1st report cal.430
Jan 04, 2012 referred to crime victims, crime and correction
Jun 24, 2011 committed to rules
Mar 10, 2011 advanced to third reading
Mar 09, 2011 2nd report cal.
Mar 08, 2011 1st report cal.184
Jan 05, 2011 referred to crime victims, crime and correction

Votes

view votes

Mar 20, 2012 - Crime Victims, Crime and Correction committee Vote

S260
11
3
committee
11
Aye
3
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Crime Victims, Crime and Correction committee vote details

Crime Victims, Crime and Correction Committee Vote: Mar 20, 2012

Mar 8, 2011 - Crime Victims, Crime and Correction committee Vote

S260
13
0
committee
13
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Crime Victims, Crime and Correction committee vote details

Crime Victims, Crime and Correction Committee Vote: Mar 8, 2011

aye wr (1)

Co-Sponsors

view additional co-sponsors

S260 - Bill Details

See Assembly Version of this Bill:
A4151
Current Committee:
Law Section:
Correction Law
Laws Affected:
Rel §168-w to be §168-x, add §168-w, Cor L
Versions Introduced in 2009-2010 Legislative Session:
S1049, A1716

S260 - Bill Texts

view summary

Prohibits the employment of a sex offender in any position having substantial contact with children; defines "substantial contact" as any activity involving children; establishes criminal penalties for violation of statutory provisions.

view sponsor memo
BILL NUMBER:S260

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
S.1049/A.1716 of 2009-2010; Referred to Crime Victims, Crime
and Correction

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.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   260

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by Sens. MAZIARZ, ALESI, BONACIC, FLANAGAN, GOLDEN, JOHNSON,
  SALAND, SEWARD -- 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 sex
  offenders from any position involving substantial contact  with  chil-
  dren

  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 SHALL NOT BE EMPLOYED IN A POSITION INVOLVING
SUBSTANTIAL CONTACT WITH CHILDREN. 1. NO SEX OFFENDER SHALL APPLY FOR OR
ACCEPT A POSITION WHICH INVOLVES SUBSTANTIAL CONTACT WITH CHILDREN. SUCH
POSITION SHALL INCLUDE ANY JOB, TASK OR OCCUPATION, 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 TO ANY PERSON SEEKING A PERMIT OR  PERMIS-
SION  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 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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01374-01-1

S. 260                              2

  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 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.