NY State Senate Bill 2019-S157

Senate Bill S157

2019-2020 Legislative Session

Makes the failure of a sex offender to register or verify pursuant to sex offender registration act, or working on an ice cream truck or other mobile food establishment a class D felony

download bill text pdf

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to crime victims, crime and correction
Jan 09, 2019	referred to crime victims, crime and correction

2019-S157 (ACTIVE) - Details

Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Rel §168-w to be §168-x, add §168-w, amd §168-t, Cor L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1483
2011-2012: S1544
2013-2014: S1390
2015-2016: S4953
2017-2018: S3030
2021-2022: S1263
2023-2024: S2937

2019-S157 (ACTIVE) - Summary

Makes the failure of a sex offender to register or verify pursuant to the provisions of the sex offender registration act or violation of the prohibition on sex offenders being employed on a motor vehicle engaged in the retail sale of frozen desserts or another type of mobile food establishment or push cart a class D felony.

2019-S157 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S157

SPONSOR: HELMING
 
TITLE OF BILL:  An act to amend the correction law, in relation to the
failure to register 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
establishments

 
PURPOSE:

This bill would increase the penalty for failing to register as a sex
offender under the Sex Offender Registry Act to a class D felony. The
bill would also prohibit sex offenders who are required to register
under the Sex Offender Registry Act from operating, employing or
dispensing goods on a mobile food service establishment or pushcart and
would designate such offense as a class D felony. The penalty for a sex
offender who works on an ice cream truck would be increased to a class D
felony as well.

 
SUMMARY OF PROVISIONS:

Section 1: Section 168-w of the Correction Law is amended to prohibit
employment on mobile food service establishments or pushcarts and
defines such terms.

Section 2: Section 168-t of the Correction Law is amended to include a
penalty for violating the amended Section168-w of the Correction Law.

Section 2 further increases the penalties for sex offenders who fail to
register under the Sex Offender Registry Act and for those who violate
the provision of law that prohibits such offenders from working on ice
cream trucks.

Section 3: Provides for an effective date.

 
JUSTIFICATION:

Currently, the penalty for failing to register or verify with the Sex
Offender Registry is a class E felony for a first offense and a class D
felony for a second or subsequent offense. Failing to register is a
serious offense that can put many lives in danger. Increasing this
penalty to a class D felony for all offenses would re-enforce the seri-
ousness of the crime.

Additionally, if a sex offender violates Section 168-v of the Correction
Law which prohibits a sex offender from working on an ice cream truck,
he/she is guilty of a class A misdemeanor for the first offense and a
class D felony for a second or subsequent offense.  However, there is
nothing in law that prohibits sex offenders from working on any other
type of mobile food service truck. This bill would expand the law to
include all mobile food service establishments and would create a penal-
ty of a class D felony if this is violated as well as increase the
penalty for those working on an ice cream truck.

 
LEGISLATIVE HISTORY:

2018: S.3030-A passed Senate; A.8715-A referred to Correction.
2017: S.3030 passed Senate; A.8715 referred to Correction.
2015/2016: S.4953 - passed Senate; A.8678 referred to Correction.
2013/2014: S.1390- passed Senate; A.4847- referred to Correction,
2011/2012: S.1544 - passed Senate.
2009/2010: S.1483 - referred to Crime Victims, Crime & Correction.
2007/2008: S.438 - passed Senate.
2005/2006: S.483-A passed Senate; A.979-A died in Correction.
2003/2004: S.1016 passed Senate; A.5083 died in Assembly Correction.
2002: S.6189 passed Senate; A.11341 died Assembly Correction.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S157 (ACTIVE) - Bill Text download pdf

                            
 
                     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.

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