S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1784
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2017
                                ___________
 
 Introduced by M. of A. HAWLEY, KOLB, GIGLIO, CROUCH, McDONOUGH, FINCH --
   Multi-Sponsored  by  --  M.  of  A. BARCLAY, McKEVITT -- read once and
   referred to the Committee on Correction
 
 AN ACT to amend the correction law and  the  general  business  law,  in
   relation  to  preventing  registered  level two or three sex offenders
   from working at amusement parks
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The legislature hereby finds and declares it necessary to
 protect children by prohibiting registered sex offenders  from  becoming
 or  remaining  employed  at an amusement park, which by nature, presents
 direct contact with children in the regular course of such employment.
   § 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:
   § 168-W. PROHIBITING REGISTERED LEVEL TWO OR THREE SEX OFFENDERS  FROM
 WORKING  AT  AMUSEMENT  PARKS.  1.  NO REGISTERED LEVEL TWO OR THREE SEX
 OFFENDER SHALL APPLY FOR, ACCEPT OR REMAIN IN ANY POSITION OF EMPLOYMENT
 AT ANY AMUSEMENT PARK. FOR PURPOSES OF THIS  SECTION,  "POSITION"  SHALL
 INCLUDE  ANY  JOB OR TASK PERFORMED OR TO BE PERFORMED ON AMUSEMENT PARK
 GROUNDS. THIS SECTION SHALL FURTHER APPLY TO ANY PERSON SEEKING A PERMIT
 OR PERMISSION TO ENGAGE IN ANY ACTIVITY OR PERFORMANCE ON AMUSEMENT PARK
 GROUNDS WHICH WOULD INVOLVE DIRECT CONTACT WITH CHILDREN.
   2. ANY PERSON FOUND TO BE IN VIOLATION OF THIS SECTION SHALL BE GUILTY
 OF A CLASS A MISDEMEANOR UPON A FIRST CONVICTION  THEREOF,  AND  UPON  A
 SECOND  OR  SUBSEQUENT  CONVICTION  THEREOF SHALL BE GUILTY OF A CLASS D
 FELONY.
   3. ANY EMPLOYER THAT KNOWINGLY EMPLOYS A REGISTERED LEVEL TWO OR THREE
 SEX OFFENDER IN VIOLATION OF THIS SECTION SHALL BE  FOUND  GUILTY  OF  A
 CLASS A MISDEMEANOR.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01345-01-7
              

 A. 1784                             2
 
   4.  PERSONS, FIRMS, CORPORATIONS OR OTHER ENTITIES OWNING OR OPERATING
 AN AMUSEMENT PARK SHALL HAVE ACCESS TO THE STATEWIDE CENTRAL REGISTRY OF
 CHILD ABUSE AND MALTREATMENT AND THE STATEWIDE SEX OFFENDER DATABASE FOR
 THE PURPOSE OF  OBTAINING  A  BACKGROUND  CHECK  OF  ALL  EMPLOYEES  FOR
 CONVICTIONS FOR SEXUAL ABUSE OF A CHILD.
   § 3. The general business law is amended by adding a new section 390-d
 to read as follows:
   §  390-D. PROHIBITING REGISTERED LEVEL TWO OR THREE SEX OFFENDERS FROM
 WORKING AT AMUSEMENT PARKS. 1. NO PERSON, FIRM,  CORPORATION,  OR  OTHER
 ENTITY  WHICH  OWNS OR OPERATES AN AMUSEMENT PARK SHALL EMPLOY OR PERMIT
 FURTHER EMPLOYMENT OF ANY REGISTERED LEVEL TWO OR THREE SEX OFFENDER  AT
 SUCH AMUSEMENT PARK.
   2.  ANY PERSON, FIRM, CORPORATION, OR OTHER ENTITY WHICH OWNS OR OPER-
 ATES AN AMUSEMENT PARK SHALL CHECK ANY POTENTIAL EMPLOYEE  AGAINST  BOTH
 THE  STATEWIDE  CENTRAL REGISTRY OF CHILD ABUSE AND MALTREATMENT AND THE
 STATE REGISTERED SEX OFFENDER DATABASE TO DETERMINE IF SAID  PERSON  HAS
 BEEN  CONVICTED  OF  SEXUAL  ABUSE  OF  A CHILD. ANY PERSON APPLYING FOR
 EMPLOYMENT AT SUCH AMUSEMENT PARK AND FOUND TO BE LISTED ON  EITHER  THE
 STATEWIDE  CENTRAL REGISTRY OF CHILD ABUSE AND MALTREATMENT OR THE STATE
 REGISTERED SEX OFFENDER DATABASE SHALL BE IMMEDIATELY  REPORTED  TO  THE
 LOCAL LAW ENFORCEMENT AGENCY.
   3.  ANY PERSON, FIRM, CORPORATION, OR OTHER ENTITY WHICH OWNS OR OPER-
 ATES AN AMUSEMENT PARK AND KNOWINGLY EMPLOYS A REGISTERED LEVEL  TWO  OR
 THREE  SEX OFFENDER OR FAILS TO REPORT THE APPLICATION FOR EMPLOYMENT BY
 SUCH A PERSON ON THE REGISTRY OF CHILD ABUSE  AND  MALTREATMENT  OR  SEX
 OFFENDER  DATABASE SHALL BE FOUND IN VIOLATION OF THIS SECTION AND SHALL
 BE CHARGEABLE WITH A FINE OF NO LESS THAN ONE THOUSAND  DOLLARS  AND  NO
 MORE  THAN  FIVE  THOUSAND  DOLLARS  UPON A FIRST CONVICTION, AND UPON A
 SECOND OR SUBSEQUENT CONVICTION A FINE OF  NO  LESS  THAN  TEN  THOUSAND
 DOLLARS AND NO MORE THAN TWENTY-FIVE THOUSAND DOLLARS.
   § 4. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.