STATE OF NEW YORK
________________________________________________________________________
8303
2017-2018 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. Section 168-w of the correction law, as relettered by chap-
2 ter 604 of the laws of 2005, is relettered section 168-x and a new
3 section 168-w is added to read as follows:
4 § 168-w. Sex offenders prohibited from working with children. 1. No
5 person required to maintain registration under this article shall be
6 allowed to accept an assignment, either as paid employment or as a
7 volunteer, which by the inherent nature of the assignment places the
8 person in substantial contact with children. This section shall also
9 apply to any person seeking a permit or permission to execute any activ-
10 ity or performance that would present a direct contact with children.
11 2. For purposes of this section, the following terms shall have the
12 following meanings:
13 (a) "Substantial contact with children" as used in this section shall
14 mean working with children, having opportunity to be alone with chil-
15 dren, spending time specifically with children, performing for children,
16 or engaging in any other activity that is targeted to involve children;
17 and
18 (b) "Assignment" shall mean any position, job, work, or placement
19 including, but not limited to:
20 (i) any position in a school including teachers, teacher-aides, admin-
21 istrators, assistants, cafeteria workers, janitors, nurses or any other
22 person working in a school that would have contact with the children
23 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
1 (ii) any position in a child-care facility;
2 (iii) any recreational position such as a coach, boy or girl scout
3 leader, camp counselor, lifeguard, instructor or any other recreational
4 position in a park, playground, amusement park, pool or any other facil-
5 ity that would allow a substantial contact with children;
6 (iv) any position in a store or restaurant that is specifically
7 targeted towards children such as a toy store or children's themed
8 restaurant; or
9 (v) any position involving the care of one or more foster children,
10 including an appointment as a foster parent.
11 3. Every employer, organization and government entity shall check any
12 potential employees and volunteers seeking to assume an assignment that
13 will allow substantial contact with children against the registered sex
14 offenders database to ascertain if said person has a conviction for
15 sexual abuse of a child.
16 4. (a) Any registered sex offender who seeks or accepts an assignment
17 in violation of this section shall be guilty of a class A misdemeanor
18 upon the first conviction thereof, and upon a second or subsequent
19 conviction thereof shall be guilty of a class D felony.
20 (b) Any person or organization that knowingly provides a sex offender
21 with an assignment in violation of this section, regardless of whether
22 such person receives compensation or is a volunteer shall, upon
23 conviction, be guilty of a class A misdemeanor for the first conviction
24 thereof, and upon a second or subsequent conviction thereof shall be
25 guilty of a class D felony.
26 § 2. This act shall take effect on the first of November next succeed-
27 ing the date on which it shall have become a law.
