S T A T E O F N E W Y O R K
________________________________________________________________________
4750
2013-2014 Regular Sessions
I N A S S E M B L Y
February 8, 2013
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Introduced by M. of A. ENGLEBRIGHT, MORELLE, ABBATE, MARKEY, WEISENBERG,
GUNTHER, ROBINSON, BENEDETTO, GABRYSZAK, COLTON -- Multi-Sponsored by
-- M. of A. BOYLAND, CAMARA, CLARK, COOK, GALEF, GANTT, HIKIND,
MAGNARELLI, ORTIZ, SCHIMMINGER, SWEENEY -- read once and referred to
the Committee on 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;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08792-01-3
A. 4750 2
B. ANY POSITION IN A CHILD-CARE 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 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.