S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7206
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 29, 2021
                                ___________
 
 Introduced by M. of A. BARNWELL -- read once and referred to the Commit-
   tee on Correction
 
 AN  ACT  to  amend  the correction law, in relation to employment of sex
   offenders in a position involving substantial  contact  with  children
   while dressed as a children's character

   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 renumbered 168-x and a new section 168-w
 is added to read as follows:
   § 168-W. EMPLOYMENT IN A POSITION INVOLVING SUBSTANTIAL  CONTACT  WITH
 CHILDREN  DRESSED  AS  A  CHILDREN'S CHARACTER. 1. NO SEX OFFENDER SHALL
 APPLY FOR OR ACCEPT A POSITION WHICH INVOLVES SUBSTANTIAL  CONTACT  WITH
 CHILDREN  WHILE  SAID  PERSON IS DRESSED AS A CHILDREN'S CHARACTER. SUCH
 POSITION SHALL INCLUDE ANY JOB, TASK OR OCCUPATION, WHICH BY ITS NATURE,
 REQUIRES A PERSON TO  BE  DRESSED  AS  A  CHILDREN'S  CHARACTER  AND  IN
 SUBSTANTIAL  CONTACT  WITH CHILDREN IN THE REGULAR PERFORMANCE OF HIS OR
 HER DUTIES OR DEALINGS IN SUCH POSITION. THIS SECTION SHALL  ALSO  APPLY
 TO  ANY PERSON SEEKING A PERMIT OR PERMISSION TO EXECUTE ANY ACTIVITY OR
 PERFORMANCE WHILE DRESSED AS A CHILDREN'S CHARACTER THAT WOULD PRESENT A
 DIRECT CONTACT WITH CHILDREN.
   2. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
 ING MEANINGS:
   A. "POSITION" SHALL APPLY TO ANY PERSON SEEKING EMPLOYMENT EITHER PAID
 OR UNPAID, ANY PERSON SEEKING TO VOLUNTEER,  OR  ANY  PERSON  SEEKING  A
 PERMIT OR PERMISSION THAT WOULD PRESENT A SUBSTANTIAL CONTACT WITH CHIL-
 DREN WHILE DRESSED AS A CHILDREN'S CHARACTER.
   B.  "CHILDREN'S  CHARACTER" SHALL MEAN ANY COSTUME WORN BY A PERSON TO
 DEPICT A SPECIFIC CHARACTER TO CHILDREN AND SHALL  INCLUDE  BUT  NOT  BE
 LIMITED TO:
   I. LEGENDARY FIGURES SUCH AS SANTA CLAUS OR THE EASTER BUNNY;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06032-01-1

 A. 7206                             2
 
   II. MYTHICAL CHARACTERS; AND
   III.  ANY SUCH SIMILAR CHILDREN'S CHARACTER THAT A PERSON MAY DRESS AS
 FOR A POSITION WHICH INVOLVES SUBSTANTIAL CONTACT WITH CHILDREN.
   C. "SUBSTANTIAL CONTACT WITH CHILDREN" SHALL MEAN ALLOWING CHILDREN TO
 SIT ON SUCH PERSON DRESSED AS A CHARACTER'S  LAP,  HAVING  PHOTOS  TAKEN
 WITH  CHILDREN WHILE SUCH PERSON IS DRESSED AS A CHILDREN'S CHARACTER OR
 ANY OTHER ACTIVITY THAT INVOLVES PHYSICAL CONTACT  WITH  CHILDREN  WHILE
 SUCH PERSON IS DRESSED AS A CHILDREN'S CHARACTER.
   3. EXAMPLES OF SUCH EMPLOYMENT SHALL INCLUDE, BUT SHALL NOT BE LIMITED
 TO, BEING DRESSED AS A CHILDREN'S CHARACTER AT:
   A.  ANY  SHOPPING  MALL OR SHOPPING CENTER EVENT SPECIFICALLY TARGETED
 TOWARD CHILDREN INTERACTING WITH SUCH  A  CHARACTER,  SUCH  AS  BUT  NOT
 LIMITED TO PHOTOS WITH SANTA;
   B.  ANY  STORE  EVENT  THAT  IS  SPECIFICALLY TARGETED TOWARD CHILDREN
 INTERACTING WITH SUCH A CHARACTER;
   C. ANY SUCH SIMILAR EVENT THAT  PROMOTES  ACTIVITIES  TARGETED  TOWARD
 CHILDREN INTERACTING WITH SUCH A CHARACTER.
   4.  EMPLOYERS, ORGANIZATIONS AND GOVERNMENT ENTITIES SHALL HAVE ACCESS
 TO THE STATEWIDE CENTRAL REGISTRY OF CHILD ABUSE AND  MALTREATMENT,  THE
 NEW  YORK  STATE  SEX OFFENDER REGISTRY, THE CRIMINAL HISTORY REPOSITORY
 WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES,  THE  NATIONAL  CRIMINAL
 REPOSITORY WITH THE FEDERAL BUREAU OF INVESTIGATION AND THE NATIONAL SEX
 OFFENDER  REGISTRY  USING  THE  NATIONAL  CRIME  AND INFORMATION CENTER,
 ESTABLISHED UNDER THE ADAM WALSH CHILD PROTECTION AND SAFETY ACT OF 2006
 (42 U.S.C. 16901 ET SEQ) FOR THE  PURPOSE  OF  PERFORMING  A  BACKGROUND
 CHECK  FOR  ANY  CONVICTIONS OF SEXUAL ABUSE OF A CHILD. EVERY EMPLOYER,
 ORGANIZATION AND GOVERNMENT ENTITY SHALL CHECK ANY  POTENTIAL  EMPLOYEES
 SEEKING  TO  ASSUME  A POSITION THAT WILL BE IN SUBSTANTIAL CONTACT WITH
 CHILDREN DRESSED AS A CHILDREN'S CHARACTER AGAINST THE STATEWIDE CENTRAL
 REGISTRY OF CHILD ABUSE AND MALTREATMENT, THE NEW YORK STATE SEX  OFFEN-
 DER REGISTRY, THE CRIMINAL HISTORY REPOSITORY WITH THE DIVISION OF CRIM-
 INAL JUSTICE SERVICES, THE NATIONAL CRIMINAL REPOSITORY WITH THE FEDERAL
 BUREAU OF INVESTIGATION AND THE NATIONAL SEX OFFENDER REGISTRY USING THE
 NATIONAL  CRIME AND INFORMATION CENTER, ESTABLISHED UNDER THE ADAM WALSH
 CHILD PROTECTION AND SAFETY ACT OF 2006 (42  U.S.C.  16901  ET  SEQ)  TO
 ASCERTAIN IF SAID PERSON HAS A CONVICTION FOR SEXUAL ABUSE OF A CHILD.
   5.  A.  ANY  SEX  OFFENDER  WHO  APPLIES  FOR OR ACCEPTS EMPLOYMENT 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  EMPLOYER WHO KNOWINGLY EMPLOYS A SEX OFFENDER IN VIOLATION OF
 THIS SECTION SHALL, UPON CONVICTION, BE GUILTY OF A CLASS A MISDEMEANOR.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.