The New York State Senate

                    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:
  S  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.
  S 2. Section 168-t of the correction law, as amended by chapter 373 of
the laws of 2007, is amended to read as follows:
  S  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.
  S  3.  This  act shall take effect on the thirtieth day after it shall
have become a law.