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

                                 2339--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2015
                               ___________

Introduced  by  M.  of A. ENGLEBRIGHT, MORELLE, ABBATE, MARKEY, GUNTHER,
  ROBINSON, BENEDETTO, COLTON -- Multi-Sponsored by -- M. of  A.  CLARK,
  COOK,  GALEF,  GANTT,  HIKIND,  MAGNARELLI, ORTIZ, SCHIMMINGER -- read
  once  and  referred  to  the  Committee  on  Correction  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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 AN ASSIGNMENT, EITHER  AS  PAID  EMPLOYMENT  OR  AS  A
VOLUNTEER,  WHICH  BY  THE  INHERENT NATURE OF THE ASSIGNMENT PLACES THE
PERSON IN SUBSTANTIAL CONTACT WITH CHILDREN.  THIS  SECTION  SHALL  ALSO
APPLY TO ANY PERSON SEEKING A PERMIT OR PERMISSION TO EXECUTE ANY ACTIV-
ITY OR PERFORMANCE THAT WOULD PRESENT A DIRECT CONTACT WITH CHILDREN.
  2.  FOR  PURPOSES  OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
  (A) "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 ENGAGING IN ANY OTHER ACTIVITY THAT IS TARGETED TO INVOLVE  CHILDREN;
AND
  (B)  "ASSIGNMENT"  SHALL  MEAN  ANY  POSITION, JOB, WORK, OR PLACEMENT
INCLUDING, BUT NOT LIMITED TO:
  (I) 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.
                                                           LBD06272-03-5
              

A. 2339--A                          2

PERSON  WORKING  IN  A  SCHOOL THAT WOULD HAVE CONTACT WITH THE CHILDREN
ATTENDING A SCHOOL;
  (II) ANY POSITION IN A CHILD-CARE FACILITY;
  (III)  ANY  RECREATIONAL  POSITION  SUCH AS A COACH, BOY OR GIRL SCOUT
LEADER, 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;
  (IV)  ANY  POSITION  IN  A  STORE  OR  RESTAURANT THAT IS SPECIFICALLY
TARGETED TOWARDS CHILDREN SUCH AS  A  TOY  STORE  OR  CHILDREN'S  THEMED
RESTAURANT; OR
  (V)  ANY  POSITION  INVOLVING THE CARE OF ONE OR MORE FOSTER CHILDREN,
INCLUDING AN APPOINTMENT AS A FOSTER PARENT.
  3. EVERY EMPLOYER, ORGANIZATION AND GOVERNMENT ENTITY SHALL CHECK  ANY
POTENTIAL  EMPLOYEES AND VOLUNTEERS SEEKING TO ASSUME AN ASSIGNMENT THAT
WILL ALLOW SUBSTANTIAL CONTACT WITH CHILDREN AGAINST THE REGISTERED  SEX
OFFENDERS  DATABASE  TO  ASCERTAIN  IF  SAID PERSON HAS A CONVICTION FOR
SEXUAL ABUSE OF A CHILD.
  4. (A) ANY REGISTERED SEX OFFENDER WHO SEEKS OR ACCEPTS AN  ASSIGNMENT
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 PERSON OR ORGANIZATION THAT KNOWINGLY PROVIDES A SEX OFFENDER
WITH AN ASSIGNMENT IN VIOLATION OF THIS SECTION, REGARDLESS  OF  WHETHER
SUCH  PERSON  RECEIVES  COMPENSATION  OR  IS  A  VOLUNTEER  SHALL,  UPON
CONVICTION, BE GUILTY OF A CLASS A MISDEMEANOR FOR THE FIRST  CONVICTION
THEREOF,  AND  UPON  A  SECOND OR SUBSEQUENT CONVICTION THEREOF SHALL BE
GUILTY OF A CLASS D FELONY.
  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.