Prohibits registered sex offenders from working with children.
Ayes (9): Gallivan, Carlucci, DeFrancisco, Griffo, Maziarz, Nozzolio, Ritchie, Hoylman, Peralta
Ayes W/R (1): Little
Nays (3): Hassell-Thompson, Montgomery, Rivera
Ayes (56): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Nozzolio, O'Brien, Peralta, Ranzenhofer, Ritchie, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Nays (4): Hassell-Thomps, Montgomery, Perkins, Rivera
Excused (3): Adams, O'Mara, Parker
BILL NUMBER:S3762 REVISED 2/19/13
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 of the bill amends section 168-w of the Correction Law 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 required to complete a background check against New York State's Sex Offender Registry maintained by the Division of Criminal Justice Services for all prospective employees and volunteers. Penalties are provided for registered sex offenders who violate this section as well as any employers who knowingly violate this section.
Section two provides that this act shall take effect on the first of November next succeeding the date on which it shall have become a law.
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: 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 260-380 victims in their lifetime.
These sobering statistics and many high-profile cases of convicted sex offenders who were 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 the 2010 story revealing that a Level 2 sex offender who was convicted of sexual assault in the 1st degree for sexually abusing an 11year-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 not 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: 2011-2: S.2693 - Referred to Crime Victims, Crime and Correction both years 2010: S.6851 - Referred to Crime Victims, Crime and Correction
FISCAL IMPLICATIONS: Minimal
EFFECTIVE DATE: This act shall take effect the first of November next succeeding the date it shall become law.
STATE OF NEW YORK ________________________________________________________________________ 3762 2013-2014 Regular Sessions IN SENATE February 14, 2013 ___________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 AN ASSIGNMENT, EITHER AS PAID EMPLOYMENT OR A VOLUN- TEER, WHICH BY THE INHERENT NATURE OF THE ASSIGNMENT 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. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "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; AND (B) "ASSIGNMENT" SHALL MEAN ANY POSITION, JOB OR WORK INCLUDING, BUT NOT LIMITED TO: (I) 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; (II) ANY POSITION IN A CHILD-CARE FACILITY;EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07413-02-3 S. 3762 2
(III) ANY RECREATIONAL POSITION SUCH AS A COACH, BOY OR GIRL SCOUT LEADER, 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 (IV) ANY POSITION IN A STORE OR RESTAURANT THAT IS SPECIFICALLY TARGETED TOWARDS CHILDREN SUCH AS A TOY STORE OR CHILDREN'S THEMED RESTAURANT. 3. 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. (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 PERSON OR ORGANIZATION THAT KNOWINGLY EMPLOYS A SEX OFFENDER IN VIOLATION OF THIS SECTION, REGARDLESS OF WHETHER SUCH PERSON RECEIVES COMPENSATION OR IS A VOLUNTEER 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.