Provides for employment limits for level three sex offenders to outside a five hundred foot radius of a daycare or school; penalty for offender is E felony; prohibition remains as long as offender is level three.
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:
EFFECTIVE DATE: November 1st of year next following date of enactment.
STATE OF NEW YORK ________________________________________________________________________ 642 2011-2012 Regular Sessions IN 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