S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4567
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2019
                                ___________
 
 Introduced  by  M. of A. ENGLEBRIGHT, ABBATE, GUNTHER, BENEDETTO, COLTON
   -- Multi-Sponsored by -- M. of  A.  COOK,  GALEF,  GANTT,  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.
              

                                                            LBD08489-01-9

 A. 4567                             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.