S2693-2011 Actions

• Jan 4, 2012: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
• Jan 28, 2011: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

S2693-2011 Memo

BILL NUMBER:S2693

TITLE OF BILL:
An act
to amend the correction law, in relation to prohibiting registered sex
offenders from working with children

PURPOSE:
To prohibit registered sex offenders from working with children.

SUMMARY OF PROVISIONS:
Section One - The Correction Law is amended to prohibit all registered
sex offenders from accepting a position whether paid or as a
volunteer which places the person in substantial contact with
children. "Substantial contact with children" is defined. Employers,
organizations and government entities are provided access to the
Statewide Central Registry of Child Abuse and Maltreatment for the
purposes of a mandatory background check for prospective employees or
volunteers. Such applicants shall also be checked against New York
State's Sex Offender Registry maintained by the Division of Criminal
Justice Services. Penalties are provided for registered sex offenders
who violate this section as well as any employers who knowingly
violate this section.

Section Two - Sets forth the effective date.

EXISTING LAW:
Under current law, sex offenders are not prohibited from working or
volunteering in many capacities that place them in direct or
substantial contact with children.

JUSTIFICATION:
It is a well known fact that sex offenders and pedophiles have an
extremely high rate of recidivism. In some instances these rates are
as high as 40 percent. Even more disturbing are the statistics that
state the typical pedophile commits an average of 280 sexual crimes
during their lifetime and the average serial child molester has
between 360-380 victims in their lifetime.

These sobering statistics and many high-profile cases of convicted sex
offenders released back into our communities who assaulted, abused,
tortured and even murdered innocent children were driving forces
behind the creation of nationwide sex offender registries.

While parents and communities can monitor the whereabouts of convicted
sex offenders released back into their neighborhoods, they should not
have to worry that places they bring their children for care,
recreation, entertainment or any other type of child-based activity
have registered sex offenders on the payroll or working as volunteers.

The need for this type of legislation and a change in New York State
Law is epitomized by a recent Fox 5 NYC Exclusive story revealing
that a Level 2 sex offender, who was convicted of sexual assault in
the 1st degree for sexually abusing and 11-year-old girl, is
operating a karate school in Glendale, Queens. This individual has
daily contact with young children whose parents bring them there for


a recreational activity in what is assumed to be a safe environment.
Clearly, these children are anywhere but safe being in direct and
close contact with a Level 2 sex offender with a predilection for
young girls.

This legislation would put an end to this type of abhorrent situation
by prohibiting all registered sex offenders from working or
volunteering with children in any capacity.

LEGISLATIVE HISTORY:
S.6851 of 2010 - Referred to Crime Victims, Crime and Correction

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

S2693-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2693
 2011-2012 Regular Sessions
 I N  SENATE
 January 28, 2011
 
 Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
 printed to be committed to the Committee on Crime Victims,  Crime  and
 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:

 

S 168-W. SEX OFFENDERS PROHIBITED FROM WORKING WITH  CHILDREN.  1.  NO
 PERSON  REQUIRED  TO  MAINTAIN  REGISTRATION UNDER THIS ARTICLE SHALL BE
 ALLOWED TO ACCEPT A POSITION, EITHER AS PAID EMPLOYMENT OR  A  VOLUNTEER
 POSITION, WHICH BY THE INHERENT NATURE OF THE POSITION PLACES THE PERSON
 IN  SUBSTANTIAL  CONTACT WITH CHILDREN. THIS SECTION SHALL ALSO APPLY TO
 ANY PERSON SEEKING A PERMIT OR PERMISSION TO  EXECUTE  ANY  ACTIVITY  OR
 PERFORMANCE THAT WOULD PRESENT A DIRECT CONTACT WITH CHILDREN.
 2. EXAMPLES OF SUCH POSITIONS INCLUDE, BUT ARE NOT LIMITED TO:

 A.  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;
 B. ANY POSITION IN A CHILD-CARE FACILITY;
 C. ANY RECREATIONAL POSITION SUCH AS A COACH, BOY OR GIRL SCOUT  LEAD
 ER,  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; OR
 D. ANY STORE OR RESTAURANT THAT IS SPECIFICALLY TARGETED TOWARDS CHIL
 DREN SUCH AS A TOY STORE OR CHILDREN'S THEME RESTAURANT.
 3. EMPLOYERS, ORGANIZATIONS AND GOVERNMENT ENTITIES SHALL BE  PROVIDED
 ACCESS TO THE STATEWIDE CENTRAL REGISTRY OF CHILD ABUSE AND MALTREATMENT
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05123-02-1
 
       S. 2693                             2
 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 OR VOLUNTEERS SEEKING TO
 ASSUME  A  POSITION  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.  "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 ANY OTHER ACTIVITY THAT IS TARGETED TO INVOLVE CHILDREN.
 5. A. ANY REGISTERED SEX OFFENDER WHO SEEKS OR ACCEPTS A  POSITION  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 OR ORGANIZATION THAT KNOWINGLY EMPLOYS A SEX  OFFENDER
 IN  VIOLATION  OF  THIS  SECTION  SHALL, UPON CONVICTION, BE GUILTY OF A
 CLASS A MISDEMEANOR.
 

S 2. This act shall take effect on the first of November next succeed
 ing the date on which it shall have become a law.

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