S T A T E   O F   N E W   Y O R K
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                                   8303
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 6, 2017
                                ___________
 
 Introduced by M. of A. ENGLEBRIGHT, MORELLE, ABBATE, GUNTHER, BENEDETTO,
   COLTON  --  Multi-Sponsored by -- M. of A. COOK, GALEF, GANTT, HIKIND,
   MAGNARELLI, ORTIZ, SCHIMMINGER  --  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:
   § 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
 PERSON  WORKING  IN  A  SCHOOL THAT WOULD HAVE CONTACT WITH THE CHILDREN
 ATTENDING A SCHOOL;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03346-01-7

 A. 8303                             2
 
   (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.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.