SEN. FARLEY ANNOUNCES SENATE PASSES BILLS TO BETTER PROTECT CHILDREN AND COMMUNITIES FROM SEXUAL PREDATORS

State Senator Hugh T. Farley (R, C, I – Schenectady) reported that he and his colleagues in the New York State Senate passed four bills to protect children and communities from sex offenders. The measures increase penalties for sexual abuse and sexual contact with minors, require group homes to notify municipalities of the sex offender status of potential residents, and restrict child care providers from hiring employees with criminal convictions.

Bill S6679 would increase the penalty for sexual abuse in the second degree, from a class A misdemeanor to a class E felony. Under current law, a felony charge is only applicable if there is force, if the victim is incapable of giving consent, or if the victim is less than 11-years-old. Perpetrators who fondle or come into sexual contact with victims between the ages of 11 and 13 are only eligible for up to one year in prison.

Bill S6680 would increase criminal penalties for sexual contact between a minor and a “person in a position of trust” – a person who is responsible for the health, education, welfare, or supervision of a child. The bill would increase these crimes to violent felony offenses.

Bill S5153 would require disclosure and notification to a municipality when a proposed group home or community residence has been selected as housing for a sex offender, and to disclose the number of residents who are sex offenders.

Bill S1472A would ensure that young children are not being cared for by felons with a history of serious crimes including sexual abuse of children.

Currently, the Office of Children and Family Services (OCFS) can approve a child care license or employment application – even if the applicant has a criminal history – if OCFS thinks the approval will not jeopardize the health, safety, or welfare of the children in the center, program, or home. This legislation requires OCFS to deny the license or employment application if a background check reveals any felony convictions in New York State or any other jurisdiction for a sex offense, a crime against a child, or a crime involving violence, or if a conviction for a felony drug-related offense occurred within the past five years.

The bills will be sent to the Assembly.