Rel S168-w to be S168-x, add S168-w, Cor L; add S390-d, Gen Bus L
Prohibits registered level two or three sex offenders from obtaining or remaining in any position of employment at an amusement park and creates for a first violation of such prohibition a class A misdemeanor, and for a second or subsequent violation, a class D felony; prohibits amusement parks from employing or permitting further employment of any registered level two or three sex offender; creates a crime, a class A misdemeanor, for any employer who violates such prohibition.
STATE OF NEW YORK
________________________________________________________________________
1248
2011-2012 Regular Sessions
IN ASSEMBLY(Prefiled)
January 5, 2011
___________
Introduced by M. of A. HAWLEY, KOLB, GIGLIO, BURLING, CROUCH, McDONOUGH,
TOBACCO, FINCH -- Multi-Sponsored by -- M. of A. BARCLAY, CALHOUN,
DUPREY, McKEVITT, SPANO, WEISENBERG -- read once and referred to the
Committee on Correction
AN ACT to amend the correction law and the general business law, in
relation to preventing registered level two or three sex offenders
from working at amusement parks
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The legislature hereby finds and declares it necessary to
2 protect children by prohibiting registered sex offenders from becoming
3 or remaining employed at an amusement park, which by nature, presents
4 direct contact with children in the regular course of such employment.
5 § 2. Section 168-w of the correction law, as relettered by chapter 604
6 of the laws of 2005, is relettered section 168-x and a new section 168-w
7 is added to read as follows:
8 § 168-w. Prohibiting registered level two or three sex offenders from
9 working at amusement parks. 1. No registered level two or three sex
10 offender shall apply for, accept or remain in any position of employment
11 at any amusement park. For purposes of this section, "position" shall
12 include any job or task performed or to be performed on amusement park
13 grounds. This section shall further apply to any person seeking a permit
14 or permission to engage in any activity or performance on amusement park
15 grounds which would involve direct contact with children.
16 2. Any person found to be in violation of this section shall be guilty
17 of a class A misdemeanor upon a first conviction thereof, and upon a
18 second or subsequent conviction thereof shall be guilty of a class D
19 felony.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03332-01-1
A. 1248 2
1 3. Any employer that knowingly employs a registered level two or three
2 sex offender in violation of this section shall be found guilty of a
3 class A misdemeanor.
4 4. Persons, firms, corporations or other entities owning or operating
5 an amusement park shall have access to the statewide central registry of
6 child abuse and maltreatment and the statewide sex offender database for
7 the purpose of obtaining a background check of all employees for
8 convictions for sexual abuse of a child.
9 § 3. The general business law is amended by adding a new section 390-d
10 to read as follows:
11 § 390-d. Prohibiting registered level two or three sex offenders from
12 working at amusement parks. 1. No person, firm, corporation, or other
13 entity which owns or operates an amusement park shall employ or permit
14 further employment of any registered level two or three sex offender at
15 such amusement park.
16 2. Any person, firm, corporation, or other entity which owns or oper-
17 ates an amusement park shall check any potential employee against both
18 the statewide central registry of child abuse and maltreatment and the
19 state registered sex offender database to determine if said person has
20 been convicted of sexual abuse of a child. Any person applying for
21 employment at such amusement park and found to be listed on either the
22 statewide central registry of child abuse and maltreatment or the state
23 registered sex offender database shall be immediately reported to the
24 local law enforcement agency.
25 3. Any person, firm, corporation, or other entity which owns or oper-
26 ates an amusement park and knowingly employs a registered level two or
27 three sex offender or fails to report the application for employment by
28 such a person on the registry of child abuse and maltreatment or sex
29 offender database shall be found in violation of this section and shall
30 be chargeable with a fine of no less than one thousand dollars and no
31 more than five thousand dollars upon a first conviction, and upon a
32 second or subsequent conviction a fine of no less than ten thousand
33 dollars and no more than twenty-five thousand dollars.
34 § 4. This act shall take effect on the first of November next succeed-
35 ing the date on which it shall have become a law.
