S T A T E   O F   N E W   Y O R K
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                                  1716

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             January 9, 2009
                               ___________

Introduced  by M. of A. ENGLEBRIGHT, ABBATE, MARKEY, FIELDS, WEISENBERG,
  GIANARIS, MORELLE, KOON, HOYT, GUNTHER, CHRISTENSEN,  ROBINSON,  BENE-
  DETTO,  REILLY,  GABRYSZAK,  SPANO  --  Multi-Sponsored by -- M. of A.
  BOYLAND, BRADLEY, CAMARA, CARROZZA, CLARK,  COOK,  DelMONTE,  DESTITO,
  DIAZ,  EDDINGTON,  ESPAILLAT, GALEF, GANTT, HIKIND, MAGNARELLI, MAYER-
  SOHN, ORTIZ, PHEFFER, N. RIVERA, SCHIMMINGER,  SEMINERIO,  SWEENEY  --
  read once and referred to the Committee on Correction

AN  ACT  to  amend  the  correction  law, in relation to prohibiting sex
  offenders from any position involving substantial contact  with  chil-
  dren

  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 SHALL NOT BE EMPLOYED IN A POSITION INVOLVING
SUBSTANTIAL CONTACT WITH CHILDREN. 1. NO SEX OFFENDER SHALL APPLY FOR OR
ACCEPT A POSITION WHICH INVOLVES SUBSTANTIAL CONTACT WITH CHILDREN. SUCH
POSITION SHALL INCLUDE ANY JOB, TASK OR OCCUPATION, WHICH BY ITS NATURE,
REQUIRES A PERSON TO BE IN SUBSTANTIAL  CONTACT  WITH  CHILDREN  IN  THE
REGULAR  PERFORMANCE  OF HIS OR HER DUTIES OR DEALINGS IN SUCH POSITION.
THIS SECTION SHALL ALSO APPLY TO ANY PERSON SEEKING A PERMIT OR  PERMIS-
SION  TO EXECUTE ANY ACTIVITY OR PERFORMANCE THAT WOULD PRESENT A DIRECT
CONTACT WITH CHILDREN.
  2. THE DEFINITION OF "POSITION" AS USED IN THIS SECTION SHALL APPLY TO
ANY PERSON SEEKING EMPLOYMENT EITHER PAID OR NOT PAID, ANY PERSON  SEEK-
ING  TO  VOLUNTEER,  OR  ANY  PERSON SEEKING A PERMIT OR PERMISSION THAT
WOULD PRESENT A SUBSTANTIAL CONTACT WITH CHILDREN.
  3. EXAMPLES OF SUCH EMPLOYMENT 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01167-01-9
              

A. 1716                             2

PERSON WORKING IN A SCHOOL THAT WOULD HAVE  CONTACT  WITH  THE  CHILDREN
ATTENDING SAID SCHOOL;
  B. ANY POSITION IN A CHILD-CARE FACILITY;
  C.  ANY RECREATIONAL POSITION SUCH AS A COACH, BOY SCOUT OR GIRL SCOUT
LEADER, CAMP COUNSELOR, LIFEGUARD, INSTRUCTOR OR ANY OTHER  RECREATIONAL
AREA THAT WOULD PRESENT A SUBSTANTIAL CONTACT WITH CHILDREN;
  D.  ANY  POSITION  IN  A PARK, PLAYGROUND, AMUSEMENT PARK, POOL OR ANY
OTHER FACILITY OR AREA WHERE CHILDREN HAVE A PROPENSITY TO INHABIT;
  E. ANY STORE OR RESTAURANT THAT IS SPECIFICALLY TARGETED TOWARDS CHIL-
DREN SUCH AS A TOY STORE OR CHILDREN'S THEME RESTAURANT;
  F. ANY POSITION WHEREIN A PERSON WOULD BE EMPLOYED  IN  AN  AREA  THAT
SPECIFICALLY  IS  TARGETED  TOWARDS  CHILDREN SUCH AS AN ICE CREAM TRUCK
OPERATOR;
  G. ANY PERSON APPLYING FOR A PERMIT OR  PERMISSION  THAT  WOULD  GRANT
SAID  PERSON  THE  ABILITY  TO  CARRY OUT ANY ACTIVITY OR ACTION THAT IS
DIRECTED TOWARDS OR WOULD INVOLVE SUBSTANTIAL CONTACT WITH CHILDREN.
  4. EMPLOYERS, ORGANIZATIONS AND GOVERNMENT ENTITIES SHALL HAVE  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 SEEKING TO ASSUME A  POSITION
THAT  WILL  BE  IN  SUBSTANTIAL  CONTACT  WITH CHILDREN AGAINST BOTH THE
STATEWIDE CENTRAL REGISTRY OF  CHILD  ABUSE  AND  MALTREATMENT  AND  THE
REGISTERED  SEX  OFFENDERS  DATABASE  TO  ASCERTAIN IF SAID PERSON HAS A
CONVICTION FOR SEXUAL ABUSE OF A CHILD.
  5. "SUBSTANTIAL CONTACT WITH CHILDREN" AS USED IN THIS  SECTION  MEANS
WORKING  WITH CHILDREN, HAVING ACCESS TO CHILDREN, HAVING OPPORTUNITY TO
BE ALONE WITH CHILDREN, SPENDING  TIME  WITH  CHILDREN,  PERFORMING  FOR
CHILDREN OR ANY OTHER ACTIVITY THAT INVOLVES CHILDREN.
  6.  A.  ANY  SEX  OFFENDER  WHO  APPLIES  FOR OR ACCEPTS EMPLOYMENT 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 WHO 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.