S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3030--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2017
                                ___________
 
 Introduced  by  Sen. HELMING -- read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   Correction -- recommitted to the Committee on Crime Victims, Crime and
   Correction  in  accordance  with  Senate  Rule  6, sec. 8 -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the correction law, in relation to the failure to regis-
   ter or verify under the sex offender registration act or violation  of
   the  prohibition of sex offenders working on motor vehicles engaged in
   retail sales of frozen desserts or other mobile  food  service  estab-
   lishments
 
   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.  PROHIBITION OF EMPLOYMENT ON MOBILE FOOD SERVICE ESTABLISH-
 MENTS OR PUSHCARTS. NO PERSON REQUIRED TO  MAINTAIN  REGISTRATION  UNDER
 THIS ARTICLE SHALL OPERATE, BE EMPLOYED ON OR DISPENSE GOODS FOR SALE AT
 RETAIL  ON A MOBILE FOOD SERVICE ESTABLISHMENT OR PUSHCART. FOR PURPOSES
 OF THIS SECTION A MOBILE FOOD SERVICE  ESTABLISHMENT  IS  DEFINED  AS  A
 SELF-CONTAINED FOOD SERVICE OPERATION, LOCATED IN A VEHICLE OR A MOVABLE
 STAND,  SELF  OR OTHERWISE PROPELLED, USED TO STORE, PREPARE, DISPLAY OR
 SERVE FOOD INTENDED FOR INDIVIDUAL PORTION SERVICE. FOR PURPOSES OF THIS
 SECTION A PUSHCART IS DEFINED AS A CART OR BARROW,  MANUALLY  PROPELLED,
 USED TO VEND FOOD INTENDED FOR INDIVIDUAL PORTION SERVICE.
   § 2. Section 168-t of the correction law, as amended by chapter 373 of
 the laws of 2007, is amended to read as follows:
   §  168-t.  Penalty. Any sex offender required to register or to verify
 pursuant to the provisions of this article  who  fails  to  register  or
 verify  in  the  manner and within the time periods provided for in this
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08506-02-7

 S. 3030--A                          2
 
 article [shall be guilty of a class E felony  upon  conviction  for  the
 first  offense,  and  upon conviction for a second or subsequent offense
 shall be guilty of a class D felony. Any sex offender] OR  who  violates
 the  provisions  of [section] SECTIONS one hundred sixty-eight-v AND ONE
 HUNDRED SIXTY-EIGHT-W of this article shall be  guilty  of  [a  class  A
 misdemeanor  upon  conviction for the first offense, and upon conviction
 for a second or subsequent offense shall be guilty of] a class D felony.
 Any such failure to register or verify may also be the basis for revoca-
 tion of parole pursuant to section two hundred fifty-nine-i of the exec-
 utive law or the basis for revocation of probation pursuant  to  article
 four hundred ten of the criminal procedure law.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law.