What's happening
This bill prohibits registered sex offenders from working or volunteering in positions involving substantial contact with children and imposes penalties for violations.
Why it matters
Expands restrictions beyond employment to include volunteering and any activities or performances involving direct contact with children. , aiming to close loopholes where offenders might interact with children outside traditional jobs (e.g., as unpaid coaches, event performers, or foster parents).
Mandates that all employers, organizations, and government entities check the sex offender registry before allowing anyone to take a position involving substantial contact with children. , increasing institutional accountability and potentially reducing the risk of oversight or negligence.
Defines “substantial contact with children” broadly to cover not just schools and child-care, but also recreational, retail, restaurant, and foster care settings. , ensuring that the law applies across a wide range of environments where children are present.
Imposes criminal penalties not only on sex offenders who violate these restrictions, but also on organizations or individuals that knowingly allow them to do so. , creating a legal incentive for proactive compliance and vigilance by employers and community groups.
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Who cares
Headline styles
Bar Sex Offenders From Kids' Jobs
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to correction
- Referred to correction
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4567
2019-2020 Regular Sessions
IN ASSEMBLY
February 4, 2019
Introduced by M. of A. ENGLEBRIGHT, ABBATE, GUNTHER, BENEDETTO, COLTON -- Multi-Sponsored by -- M. of A. COOK, GALEF, GANTT, 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.
LBD08489-01-9
A. 4567 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.