What's happening
This bill prohibits registered sex offenders from working on mobile food service establishments or pushcarts and increases related penalties.
Why it matters
Expands Employment Restrictions. By explicitly banning all registered sex offenders from working on or operating mobile food service establishments or pushcarts, the bill closes loopholes that may have allowed such employment in the past, aiming to increase public safety in settings where adults interact with children and other vulnerable populations.
Clear Definitions for Enforcement. The bill provides specific definitions for "mobile food service establishment" and "pushcart," which helps authorities and businesses clearly understand the scope of the prohibition and avoid ambiguity in compliance and enforcement.
Stricter Penalties. The penalty for violating the prohibition on sex offenders working in these roles is increased to a class D felony for any offense (including first offenses), reflecting a significant escalation in the legal consequences and serving as a stronger deterrent.
Broader Impact on Parole and Probation. Violations can also trigger revocation of parole or probation, which means that offenders risk not just new criminal charges but also the loss of conditional freedom, thereby raising the stakes for compliance and potentially reducing recidivism.
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Tougher Penalties for Sex Offenders
Plain English, a few words. Used as the page title.
Sponsors
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History
- Held for consideration in correction
- Print number 8715a
- Amend (t) and recommit to correction
- 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.
Tougher Penalties for Sex Offenders
In Assembly Committee · Correction · Sponsor Pamela Helming
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8715--A
2017-2018 Regular Sessions
IN ASSEMBLY
October 5, 2017
Introduced by M. of A. THIELE -- read once and referred to the Committee on Correction -- recommitted to the Committee on Correction in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the correction law, in relation to the failure to register or verify under the sex offender registration act or violation of the prohibition of sex offenders working on motor vehicles engaged in retail sales of frozen desserts or other mobile food service establishments
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. Prohibition of employment on mobile food service establishments or pushcarts. No person required to maintain registration under this article shall operate, be employed on or dispense goods for sale at retail on a mobile food service establishment or pushcart. For purposes of this section a mobile food service establishment is defined as a self-contained food service operation, located in a vehicle or a movable stand, self or otherwise propelled, used to store, prepare, display or serve food intended for individual portion service. For purposes of this section a pushcart is defined as a cart or barrow, manually propelled, used to vend food intended for individual portion service.
§ 2. Section 168-t of the correction law, as amended by chapter 373 of the laws of 2007, is amended to read as follows:
§ 168-t. Penalty. Any sex offender required to register or to verify pursuant to the provisions of this article who fails to register or verify in the manner and within the time periods provided for in this article [shall be guilty of a class E felony upon conviction for the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08506-03-7
A. 8715--A 2
first offense, and upon conviction for a second or subsequent offense shall be guilty of a class D felony. Any sex offender] or who violates the provisions of [section] sections one hundred sixty-eight-v and one hundred sixty-eight-w of this article shall be guilty of [a class A misdemeanor upon conviction for the first offense, and upon conviction for a second or subsequent offense shall be guilty of] a class D felony. Any such failure to register or verify may also be the basis for revocation of parole pursuant to section two hundred fifty-nine-i of the executive law or the basis for revocation of probation pursuant to article four hundred ten of the criminal procedure law.
§ 3. This act shall take effect on the thirtieth day after 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.