S642-2011 Actions

• Jan 4, 2012: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
• Jan 5, 2011: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

S642-2011 Memo

BILL NUMBER:S642

TITLE OF BILL:
An act
to amend the correction law, in relation to employment limitations for
level three sex offenders

SUMMARY OF PROVISIONS:
Section 1 adds a new section 168-qq to the
Corrections Law. This new section limits where a level three sex
offender may work. Subdivision 1 provides that it is unlawful for
any level three sex offender to work within 500 feet of any public
or private school or licensed day care facility. Subdivision 2
provides that no employer shall knowingly permit or cause the
placement of any level three sex offender at any work location
within 500 feet of any public or private school or licensed day
care center. Subdivision 3 provides that the restrictions in
subdivisions 1 and 2 shall remain in effect so long as an offender
is classified as a level three offender. Subdivision 4 provides
that a sex offender who violates subdivision 1 of this section
shall be guilty of a class E felony.

Section 2 provides that the act shall take effect on the first of
November next succeeding the date upon which it shall have become
law.

PURPOSE AND JUSTIFICATION:
To restrict level three sex offenders
from working within 500 feet of any school or day care facility.

Those identified as level three sex offenders are categorized as
the most dangerous of all sex offenders. Many times, they have
been convicted of terrible crimes, often against young children.
They have also been identified as a continuing risk to the
community. As such, it is important to protect the public, and
especially our young people, from situations that place them in
continuing proximity to these convicted offenders that have been
deemed a high risk. Recently, there was a circumstance where a
level three sex offender was working in a building only a parking
lot away from an elementary school. This bill will add greater
protection for our children by placing them a safe distance away
from these highest level offenders.

EXISTING LAW:
Article 6-C of the Corrections Law provides for
registration of convicted sex offenders.

PRIOR LEGISLATIVE HISTORY:
2010:  S.2107/A.822  - Referred to Crime Victims, Crime & Correction
2008:  S.2327/A.7033 - Referred to Crime Victims, Crime & Correction
2006:  S.4937/A.8229 - Passed Senate

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:


None.

EFFECTIVE DATE:
November 1st of year next following date of enactment.

S642-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          642
 2011-2012 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 5, 2011
 
 Introduced  by  Sens. GOLDEN, JOHNSON, MAZIARZ, SEWARD -- 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 employment limita
 tions for level three sex offenders
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1. The correction law is amended by adding a new section 168
 qq to read as follows:

 

S 168-QQ. LEVEL THREE SEX OFFENDERS EMPLOYMENT LIMITATION; PENALTY. 1.
 IT SHALL BE UNLAWFUL FOR ANY LEVEL THREE SEX  OFFENDER  TO  WORK  WITHIN
 FIVE  HUNDRED  FEET  OF  ANY  PUBLIC  OR  PRIVATE NURSERY, ELEMENTARY OR
 SECONDARY SCHOOL OR LICENSED DAY CARE FACILITY.
 2. NO EMPLOYER SHALL KNOWINGLY PERMIT OR CAUSE THE  PLACEMENT  OF  ANY
 LEVEL  THREE  SEX OFFENDER AT ANY WORK LOCATION WITHIN FIVE HUNDRED FEET
 OF ANY PUBLIC OR PRIVATE NURSERY,  ELEMENTARY  OR  SECONDARY  SCHOOL  OR
 LICENSED DAY CARE FACILITY.
 3.  THE EMPLOYMENT PROHIBITION ESTABLISHED BY SUBDIVISIONS ONE AND TWO
 OF THIS SECTION SHALL REMAIN IN EFFECT FOR AS LONG AS  THE  OFFENDER  IS
 CLASSIFIED AS A LEVEL THREE SEX OFFENDER.
 4. A SEX OFFENDER WHO KNOWINGLY VIOLATES THE PROVISIONS OF SUBDIVISION
 ONE OF THIS SECTION SHALL BE GUILTY OF A CLASS E FELONY.
 

S 2. This act shall take effect on the first of November next succeed
 ing the date upon which it shall have become a law.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02238-01-1

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