S T A T E O F N E W Y O R K
________________________________________________________________________
8303
2017-2018 Regular Sessions
I N A S S E M B L Y
June 6, 2017
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Introduced by M. of A. ENGLEBRIGHT, MORELLE, ABBATE, GUNTHER, BENEDETTO,
COLTON -- Multi-Sponsored by -- M. of A. COOK, GALEF, GANTT, HIKIND,
MAGNARELLI, ORTIZ, SCHIMMINGER -- read once and referred to the
Committee on Correction
AN ACT to amend the correction law, in relation to prohibiting regis-
tered sex offenders from working with children
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:
§ 168-W. SEX OFFENDERS PROHIBITED FROM WORKING WITH CHILDREN. 1. NO
PERSON REQUIRED TO MAINTAIN REGISTRATION UNDER THIS ARTICLE SHALL BE
ALLOWED TO ACCEPT AN ASSIGNMENT, EITHER AS PAID EMPLOYMENT OR AS A
VOLUNTEER, WHICH BY THE INHERENT NATURE OF THE ASSIGNMENT PLACES THE
PERSON IN SUBSTANTIAL CONTACT WITH CHILDREN. THIS SECTION SHALL ALSO
APPLY TO ANY PERSON SEEKING A PERMIT OR PERMISSION TO EXECUTE ANY ACTIV-
ITY OR PERFORMANCE THAT WOULD PRESENT A DIRECT CONTACT WITH CHILDREN.
2. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
(A) "SUBSTANTIAL CONTACT WITH CHILDREN" AS USED IN THIS SECTION SHALL
MEAN WORKING WITH CHILDREN, HAVING OPPORTUNITY TO BE ALONE WITH CHIL-
DREN, SPENDING TIME SPECIFICALLY WITH CHILDREN, PERFORMING FOR CHILDREN,
OR ENGAGING IN ANY OTHER ACTIVITY THAT IS TARGETED TO INVOLVE CHILDREN;
AND
(B) "ASSIGNMENT" SHALL MEAN ANY POSITION, JOB, WORK, OR PLACEMENT
INCLUDING, BUT NOT LIMITED TO:
(I) 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 A SCHOOL;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03346-01-7
A. 8303 2
(II) ANY POSITION IN A CHILD-CARE FACILITY;
(III) ANY RECREATIONAL POSITION SUCH AS A COACH, BOY OR GIRL SCOUT
LEADER, CAMP COUNSELOR, LIFEGUARD, INSTRUCTOR OR ANY OTHER RECREATIONAL
POSITION IN A PARK, PLAYGROUND, AMUSEMENT PARK, POOL OR ANY OTHER FACIL-
ITY THAT WOULD ALLOW A SUBSTANTIAL CONTACT WITH CHILDREN;
(IV) ANY POSITION IN A STORE OR RESTAURANT THAT IS SPECIFICALLY
TARGETED TOWARDS CHILDREN SUCH AS A TOY STORE OR CHILDREN'S THEMED
RESTAURANT; OR
(V) ANY POSITION INVOLVING THE CARE OF ONE OR MORE FOSTER CHILDREN,
INCLUDING AN APPOINTMENT AS A FOSTER PARENT.
3. EVERY EMPLOYER, ORGANIZATION AND GOVERNMENT ENTITY SHALL CHECK ANY
POTENTIAL EMPLOYEES AND VOLUNTEERS SEEKING TO ASSUME AN ASSIGNMENT THAT
WILL ALLOW SUBSTANTIAL CONTACT WITH CHILDREN AGAINST THE REGISTERED SEX
OFFENDERS DATABASE TO ASCERTAIN IF SAID PERSON HAS A CONVICTION FOR
SEXUAL ABUSE OF A CHILD.
4. (A) ANY REGISTERED SEX OFFENDER WHO SEEKS OR ACCEPTS AN ASSIGNMENT
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 PERSON OR ORGANIZATION THAT KNOWINGLY PROVIDES A SEX OFFENDER
WITH AN ASSIGNMENT IN VIOLATION OF THIS SECTION, REGARDLESS OF WHETHER
SUCH PERSON RECEIVES COMPENSATION OR IS A VOLUNTEER SHALL, UPON
CONVICTION, BE GUILTY OF A CLASS A MISDEMEANOR FOR THE FIRST CONVICTION
THEREOF, AND UPON A SECOND OR SUBSEQUENT CONVICTION THEREOF SHALL BE
GUILTY OF A CLASS D FELONY.
§ 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.