S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10044

                          I N  A S S E M B L Y

                            February 26, 2010
                               ___________

Introduced  by  M.  of  A.  WEISENBERG  -- 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:
  S  168-W.  SEX  OFFENDERS PROHIBITED FROM WORKING WITH CHILDREN. 1. NO
PERSON REQUIRED TO MAINTAIN REGISTRATION UNDER  THIS  ARTICLE  SHALL  BE
ALLOWED  TO  ACCEPT A POSITION, EITHER AS PAID EMPLOYMENT OR A VOLUNTEER
POSITION, WHICH BY THE INHERENT NATURE OF THE POSITION PLACES THE PERSON
IN SUBSTANTIAL CONTACT WITH CHILDREN. THIS SECTION SHALL ALSO  APPLY  TO
ANY  PERSON  SEEKING  A  PERMIT OR PERMISSION TO EXECUTE ANY ACTIVITY OR
PERFORMANCE THAT WOULD PRESENT A DIRECT CONTACT WITH CHILDREN.
  2. EXAMPLES OF SUCH POSITIONS INCLUDE, BUT ARE NOT LIMITED TO:
  A. 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;
  B. ANY POSITION IN A CHILD-CARE FACILITY;
  C.  ANY RECREATIONAL POSITION SUCH AS A COACH, BOY OR GIRL SCOUT LEAD-
ER, 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; OR
  D. ANY STORE OR RESTAURANT THAT IS SPECIFICALLY TARGETED TOWARDS CHIL-
DREN SUCH AS A TOY STORE OR CHILDREN'S THEME RESTAURANT.
  3.  EMPLOYERS, ORGANIZATIONS AND GOVERNMENT ENTITIES SHALL BE PROVIDED
ACCESS TO THE STATEWIDE CENTRAL REGISTRY OF CHILD ABUSE AND MALTREATMENT
FOR THE PURPOSE OF PERFORMING A BACKGROUND CHECK FOR ANY CONVICTIONS  OF
SEXUAL  ABUSE  OF  A  CHILD. EVERY EMPLOYER, ORGANIZATION AND GOVERNMENT
ENTITY SHALL CHECK ANY POTENTIAL  EMPLOYEES  OR  VOLUNTEERS  SEEKING  TO
ASSUME  A  POSITION  THAT  WILL  ALLOW SUBSTANTIAL CONTACT WITH CHILDREN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD16019-01-0

A. 10044                            2

AGAINST BOTH THE STATEWIDE CENTRAL REGISTRY OF CHILD ABUSE AND MALTREAT-
MENT AND THE REGISTERED SEX OFFENDERS  DATABASE  TO  ASCERTAIN  IF  SAID
PERSON HAS A CONVICTION FOR SEXUAL ABUSE OF A CHILD.
  4.  "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 ANY OTHER ACTIVITY THAT IS TARGETED TO INVOLVE CHILDREN.
  5. A. ANY REGISTERED SEX OFFENDER WHO SEEKS OR ACCEPTS A  POSITION  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 EMPLOYER OR ORGANIZATION THAT KNOWINGLY EMPLOYS A SEX  OFFENDER
IN  VIOLATION  OF  THIS  SECTION  SHALL, UPON CONVICTION, BE GUILTY OF A
CLASS A MISDEMEANOR.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.