What's happening
This bill prohibits registered sex offenders from holding jobs or volunteer positions involving substantial contact with children, with penalties for violations.
Why it matters
Significantly expands background check requirements. By mandating that employers, organizations, and government entities cross-reference both the statewide child abuse registry and the sex offender database before hiring for positions with substantial child contact, this bill would increase the vetting process and potentially prevent individuals with a history of sexual offenses from slipping through gaps in current checks.
Broadly defines positions and activities covered. The bill applies not only to paid employment but also to unpaid roles, volunteer positions, and even temporary permits for activities involving children, making its scope much wider than just traditional jobs. This could impact a large range of organizations and activities, from schools to summer camps to child-focused businesses.
Introduces criminal penalties for violations. Sex offenders who violate this prohibition face escalating criminal consequences—from a misdemeanor on the first offense to a felony for repeat offenses—while employers who knowingly violate the law could also be prosecuted. This creates strong legal incentives for compliance and could deter both offenders and negligent employers.
Provides a comprehensive list of covered environments. By specifying examples (schools, child-care facilities, recreational roles, stores/restaurants targeted at children, amusement parks, etc.), the bill seeks to close loopholes and ensure that a wide array of child-focused environments are covered, potentially reducing opportunities for high-risk individuals to access vulnerable populations.
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Who cares
Headline styles
Ban Sex Offenders From Child Jobs
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to correction
- Referred to correction
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
589
2017-2018 Regular Sessions
IN ASSEMBLY
January 9, 2017
Introduced by M. of A. M. G. MILLER -- read once and referred to the Committee on Correction
AN ACT to amend the correction law, in relation to prohibiting sex offenders from any position involving substantial contact with children
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 168-w of the correction law, as relettered by chapter 604 of the laws of 2005, is relettered section 168-x and a new section 168-w is added to read as follows:
§ 168-w. Sex offenders shall not be employed in a position involving substantial contact with children. 1. No sex offender shall apply for or accept a position which involves substantial contact with children. Such position shall include any job, task or occupation, which by its nature, requires a person to be in substantial contact with children in the regular performance of his or her duties or dealings in such position. 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. The definition of "position" as used in this section, shall apply to any person seeking employment either paid or unpaid, any person seeking to volunteer, or any person seeking a permit or permission that would present a substantial contact with children.
3. Examples of such employment shall include, but shall not be limited to:
a. Any position in a school including teachers, teacher-aides, administrators, assistants, cafeteria workers, janitors, nurses or any other person working in a school that would have contact with the children attending said school;
b. Any position in a child-care facility;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02773-01-7
A. 589 2
c. Any recreational position such as a coach, boy scout or girl scout leader, camp counselor, lifeguard, instructor or any other recreational area that would present a substantial contact with children;
d. Any position in a park, playground, amusement park, pool or any other facility or area where children have a propensity to inhabit;
e. Any store or restaurant that is specifically targeted towards children such as a toy store or children's theme restaurant;
f. Any position wherein a person would be employed in an area that specifically is targeted towards children such as an ice cream truck operator;
g. Any person applying for a permit or permission that would grant said person the ability to carry out any activity or action that is directed towards or would involve substantial contact with children.
4. Employers, organizations and government entities shall have access to the statewide central registry of child abuse and maltreatment 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 seeking to assume a position that will be in substantial contact with children against both the statewide central registry of child abuse and maltreatment and the registered sex offenders database to ascertain if said person has a conviction for sexual abuse of a child.
5. "Substantial contact with children" as used in this section means working with children, having access to children, having opportunity to be alone with children, spending time with children, performing for children or any other activity that involves children.
6. a. Any sex offender who applies for or accepts employment 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 who knowingly employs a sex offender in violation of this section shall, upon conviction, be guilty of a class A misdemeanor.
§ 2. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.