BILL NUMBER:S260

TITLE OF BILL:
An act
to amend the correction law, in relation to prohibiting sex offenders
from any position involving substantial contact with children

PURPOSE:
To provide that sex offenders shall not be
employed in any job involving substantial contact with children.

SUMMARY OF PROVISIONS:
Section 168-w of the
correction law, as relettered by chapter 604 of the laws of 2005, is
relettered section 168-x and a new section 168-w is added which
stipulates that sex offenders not be employed in a job involving
substantial contact with children.

Section 1 indicates that no sex offender shall apply for or accept
employment in a position which involves substantial contact with
children. Such employment shall include any job, task or occupation
which by its nature, requires the employee to be in contact with
children in the regular performance of his or her duties in such
position. This section also applies to any person seeking a permit or
permission to execute any activity or performance that would present a
direct contact with children.
              

Section 2 stipulates the definition of "position" shall apply to any
person seeking employment either paid or not paid, any person seeking to
volunteer, or any person seeking a permit or permission that would
present substantial contact with children.

Section 3 lists examples of such employment which include, but are not
limited to: (a) Any position in a school including teachers,
teacher-aides, administrators, assistants, cafeteria workers, janitors,
nurses or any other person working in a school that would have contact
with the children attending said school; (b) Any position in a childcare
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 children such as a toy store or children's theme restaurant; (f)
Any position whereas 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 toward or would involve substantial contact with children.

Section 4 stipulates that employers, organizations or 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. Such employers,
organizations or government entities shall also check the registered sex
offenders database to see if the applicant is a registered sex offender.


Section 5 defines "substantial contact with children" as working with
children, having access to children, performing for children, having
opportunity to be alone with children, or any other activity that
involves children.

Section 6 (a) any sex offender who applies for or accepts employment in
violation of this section shall be a guilty of a class A misdemeanor
upon conviction of the first offense, and upon conviction for a second
or subsequent offense 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.

JUSTIFICATION:
The recidivism rate for sex offenders is seven times that of any other
crime. Pedophiles have an established propensity to prey on children,
which is what dictated the need for Megan's Law, the database of
registered sex offenders. While Megan's Law tracks sex offenders and
maintains a neighborhood notification program to warn unsuspecting
residents, there are apparent loopholes in the legal intentions of the
law that must be addressed.

Common sense dictates that a convicted sex offender should not be
permitted to work with or around children, due to the very real threat
of a repeat offense. However, New York's laws currently do not prohibit
sex offenders from working with children, which leaves open the
possibility that they can and will.

A recent case in Westchester County highlighted the immediate need for
legislation that will prohibit sex offenders from being employed in any
position that has substantial contact with children. A U.S. District
Court ruled in favor of allowing a twice-convicted sex offender from
performing as a clown in Westchester's Playland Park.

There is almost a guarantee that, given the opportunity, a pedophile
will strike again. Knowing this information, there is an obligation to
put forth laws that will keep children out of harm's way by helping to
shield them from sexual predators.

LEGISLATIVE HISTORY:
S.204/A.9767 of 2005/2006; Passed Senate
S.3247/A.4179-A of 2003/2004; Advanced to Third Reading in 2004.
S.44 of 2007-2008; Passed Senate
S.1049/A.1716 of 2009-2010; Referred to Crime Victims, Crime
and Correction

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This Act shall take effect on the
first of November next succeeding the date on which it shall have become
a law.