Senate Bill S157

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    157
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen. HELMING -- read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   Correction
 
 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
 article  [shall  be  guilty  of a class E felony upon conviction for the
 first offense, and upon conviction for a second  or  subsequent  offense

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD04918-01-9

 S. 157                              2

 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.