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S3030Senate2017-2018 SessionSame asA8715

Tougher Penalties for Sex Offenders

Official title

“Makes the failure of a sex offender to register or verify pursuant to sex offender registration act, or working on an ice cream truck or other mobile food establishment a class D felony”

Sponsor Pamela HelmingSD-54Affects Public Safety & Consumer Affairs
Status
In Assembly Committee
Correction
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 5 of 7

In Assembly · Correction

What's happening

This bill prohibits registered sex offenders from working on mobile food service establishments or pushcarts, with violations resulting in a class D felony.

Why it matters

  1. Expands employment restrictions on sex offenders. The bill bars anyone who is required to register as a sex offender from working on or operating mobile food service establishments or pushcarts, recognizing these as jobs with frequent public and child interactions.

  2. Defines specific covered businesses. By clearly defining “mobile food service establishment” and “pushcart,” the bill closes potential loopholes, ensuring that a wide range of food vending operations—like ice cream trucks, food carts, and similar vehicles—are included.

  3. Increases penalties for violations. The bill raises the penalty for sex offenders who violate these employment restrictions from a misdemeanor to a class D felony, signaling a significant escalation in legal consequences and aiming to deter violations.

  4. Aims to enhance public safety, especially for children. By targeting jobs that often serve children and families in public spaces, the legislation addresses community concerns about reducing opportunities for contact between sex offenders and vulnerable populations.

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Who cares

Headline styles

Tougher Penalties for Sex Offenders

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Pamela Helming

Senator · Senate District 54

No co-sponsors yet.

History

  1. Referred to correction
  2. Delivered to assembly
  3. Passed senateVote 54–9
  4. Advanced to third reading
  5. 2nd report cal.
  6. 1st report cal.288
  7. Print number 3030a
  8. Amend (t) and recommit to crime victims, crime and correction
  9. Referred to crime victims, crime and correction
  10. Returned to senate
  11. Died in assembly
  12. Referred to correction
Show 6 earlier actions
  1. Delivered to assembly
  2. Passed senateVote 56–6
  3. Advanced to third reading
  4. 2nd report cal.
  5. 1st report cal.990
  6. Referred to crime victims, crime and 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.

A8715Assembly

Tougher Penalties for Sex Offenders

In Assembly Committee · Correction · Sponsor Fred Thiele

Impact 5 · Moderate0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

3030--A

2017-2018 Regular Sessions

IN SENATE

January 19, 2017

Introduced by Sen. HELMING -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction -- recommitted to the Committee on Crime Victims, Crime and Correction in accordance with Senate Rule 6, sec. 8 -- 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

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD08506-02-7

S. 3030--A 2

article [shall be guilty of a class E felony upon conviction for the 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.

Sponsor's memo

Title of bill

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

Purpose

This bill would increase the penalty for failing to register as a sex offender under the Sex Offender Registry Act to a class D felony. The bill would also prohibit sex offenders who are required to register under the Sex Offender Registry Act from operating, employing or dispensing goods on a mobile food service establishment or pushcart and would designate such offense as a class D felony. The penalty for a sex offender who works on an ice cream truck would be increased to a class D felony as well.

Summary of provisions

Section 1: Section 168-w of the Correction Law is amended to prohibit employment on mobile food service establishments or pushcarts and defines such terms.

Section 2: Section 168-t of the Correction Law is amended to include a penalty for violating the amended Section168-w of the Correction Law. Section 2 further increases the penalties for sex offenders who fail to register under the Sex Offender Registry Act and for those who violate the provision of law that prohibits such offenders from working on ice cream trucks.

Section 3: Provides for an effective date.

Justification

Currently, the penalty for failing to register or verify with the Sex Offender Registry is a class E felony for a first offense and a class D felony for a second or subsequent offense. Failing to register is a serious offense that can put many lives in danger. Increasing this penalty to a class D felony for all offenses would re-enforce the seri- ousness of the crime.

Additionally, if a sex offender violates Section 168-v of the Correction Law which prohibits a sex offender from working on an ice cream truck, he/she is guilty of a class A misdemeanor for the first offense and a class D felony for a second or subsequent offense. However, there is nothing in law that prohibits sex offenders from working on any other type of mobile food service truck. This bill would expand the law to include all mobile food service establishments and would create a penal- ty of a class D felony if this is violated as well as increase the penalty for those working on an ice cream truck.

Legislative history

2017: S.3030 passed. Senate; A.8715 died in Correction. 2015/2016: S.4953 - passed Senate; A.8678 died in Correction.

2013/2014: S.1390- passed Senate; A.4847- Correction, Referred to Crime Victims, Crime & Correction. 2011/2012: S.1544 - passed Senate. 2009/2010: S.1483 - referred to Crime Victims, Crime & Correction. 2007/2008: S.438 - passed Senate. 2005/2006: S.483-A passed Senate; A.979-A died in Correction. 2003/2004: S.1016 passed Senate; A.5083 died in Assembly Correction. 2002: S.6189 passed Senate; A.11341 died Assembly Correction.

Fiscal implications

None

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.