What's happening
This bill prohibits registered sex offenders from working or volunteering in positions involving substantial contact with children and penalizes violations.
Why it matters
The bill creates a broad and explicit ban. on registered sex offenders from holding any paid or volunteer positions that involve "substantial contact" with children, including jobs such as teachers, coaches, camp counselors, toy store workers, foster parents, and more—aiming to close loopholes not covered by existing law.
Employers, organizations, and government entities are mandated to check the registered sex offender database. before allowing anyone to assume a role involving substantial contact with children, potentially increasing administrative responsibilities and liability for those entities.
Penalties are established for both offenders and organizations. Registered sex offenders violating the ban face a class A misdemeanor for a first offense and a class D felony for repeat offenses; organizations or individuals who knowingly facilitate such assignments also face escalating criminal penalties, signaling a strong deterrent and accountability measure.
The law’s broad definitions and inclusion of volunteer roles and performance-based activities. mean it could significantly restrict access to a wide range of community, educational, and recreational opportunities for individuals on the sex offender registry, impacting their reintegration into society while aiming to prioritize child safety.
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Who cares
Registered sex offenders
The bill would bar them from paid or volunteer assignments involving substantial contact with children, with a class A misdemeanor for a first conviction and a class D felony for subsequent convictions.
Schools, child-care facilities and recreational organizations
They would have to check prospective employees and volunteers for child-contact assignments against the sex offender registry to determine whether they have a conviction for sexual abuse of a child.
Toy stores and children’s themed restaurants
Their positions would fall within the bill’s definition of covered assignments, and knowingly placing a registered sex offender in a prohibited assignment would carry criminal penalties.
Foster-care providers and prospective foster parents
The prohibition would cover positions caring for one or more foster children, including appointments as foster parents.
Headline styles
Bar Sex Offenders from Kids
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to correction
- Referred to correction
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Bar Sex Offenders From Children
In Assembly Committee · Correction · Sponsor Martin J. Golden
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8303
2017-2018 Regular Sessions
IN ASSEMBLY
June 6, 2017
Introduced by M. of A. ENGLEBRIGHT, MORELLE, ABBATE, GUNTHER, BENEDETTO, COLTON -- Multi-Sponsored by -- M. of A. COOK, GALEF, GANTT, HIKIND, MAGNARELLI, ORTIZ, SCHIMMINGER -- read once and referred to the Committee on Correction
AN ACT to amend the correction law, in relation to prohibiting registered sex offenders from working 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 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 as a volunteer, 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 children, spending time specifically with children, performing for children, or engaging in any other activity that is targeted to involve children; and
(b) "Assignment" shall mean any position, job, work, or placement including, but not limited to:
(i) 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 a school;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03346-01-7
A. 8303 2
(ii) any position in a child-care facility;
(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 facility that would allow a substantial contact with children;
(iv) any position in a store or restaurant that is specifically targeted towards children such as a toy store or children's themed restaurant; or
(v) any position involving the care of one or more foster children, including an appointment as a foster parent.
3. Every employer, organization and government entity shall check any potential employees and volunteers seeking to assume an assignment 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 an assignment 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 provides a sex offender with an assignment 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 for the first conviction thereof, and upon a second or subsequent conviction thereof shall be guilty of a class D felony.
§ 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.
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