BILL NUMBER:S1943

TITLE OF BILL:

An act to amend the correction law, in relation to prohibiting
registered sex offenders from working with children

PURPOSE:

To prohibit registered sex offenders from working with children

SUMMARY OF PROVISIONS:

Section one of the bill amends the Correction Law by relettering
section 168-w to 168-x and adding a new section 168-w. New section
168-w prohibits all registered sex offenders from accepting an
assignment, whether paid or as a volunteer, that places him or her in
substantial contact with children. "Substantial contact with children"
is defined as "working with children, having opportunity to be alone
with children, spending time specifically with children, performing
for children, and engaging in any other activity that is targeted to
involve children." Employers, organizations, and government entities
are required to complete a background check against New York State's
Sex Offender Registry maintained by the Division of Criminal Justice
Services for all prospective employees and volunteers. Penalties are
provided for registered sex offenders who violate this section as well
              

as any employers who knowingly violate this section.

Section two provides that this act shall take effect on the first of
November next succeeding the date on which it shall have become a law.

EXISTING LAW:

Under current law, sex offenders are not prohibited from working or
volunteering in many capacities that place them in direct or
substantial contact with children.

JUSTIFICATION:

Sex offenders and pedophiles have an extremely high rate of
recidivism. In some instances these rates are as high as 40 percent.
Even more disturbing are the statistics that state the typical
pedophile commits an average of 280 sexual crimes during their
lifetime and the average serial child molester has between 360-380
victims in their lifetime.

These sobering statistics and many high-profile cases of convicted sex
offenders who were released back into our communities who assaulted,
abused, tortured, and even murdered innocent children were driving
forces behind the creation of nationwide sex offender registries.

While parents and communities can monitor the whereabouts of convicted
sex offenders released back into their neighborhoods, they should not
have to worry that places they bring their children for care,
recreation, entertainment or any other type of child-based activity
have registered sex offenders on the payroll or working as volunteers.


The need for this type of legislation and a change in New York State
Law is epitomized by two incidents that have occurred in New York. In
2010, it was revealed that a Level 2 sex offender who was convicted of
sexual assault in the 1st degree for sexually abusing an 11-year-old
girl, was operating a karate school in Glendale, Queens.  This
individual has daily contact with young children whose parents bring
them there for a recreational activity in what is assumed to be a safe
environment. Clearly, these children are not safe being in direct and
close contact with a Level 2 sex offender who has a predilection for
young girls.

In December of 2014, the news reported a story about a man in
Livingston County who was convicted of sexual contact with a
developmentally disabled 15-year old for whom he served as a foster
parent and subsequent to his release from incarceration for that
conviction, was allowed to live in the same home, and be a foster
parent to, a developmentally disabled 16-year old girl with whom he
allegedly engaged in sexual intercourse.

This legislation would put an end to these types of abhorrent
situation by prohibiting all registered sex offenders from working or
volunteering with children in any capacity.

LEGISLATIVE HISTORY:

2014: S.3762 - Referred to Crime Victims, Crime and Correction
2013: S.3762 - Passed the Senate
2011-2: S.2693 - Referred to Crime Victims, Crime and Correction both
years
2010: S.6851 - Referred to Crime Victims, Crime and Correction

FISCAL IMPLICATIONS:

Minimal

EFFECTIVE DATE:

This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.