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S1315Senate2019-2020 SessionSame asA8581

Limit Sex Offender Employment

Official title

“Relates to permissible employment, employment related activities, and volunteer activities that may be performed by convicted sex offenders”

Status
In Senate Committee
Crime Victims, Crime And Correction
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Crime Victims, Crime And Correction

What's happening

This bill expands restrictions on sex offenders’ employment and volunteer activities, banning unsupervised access to residential living quarters.

Why it matters

  1. Expands the types of jobs and volunteer positions sex offenders are barred from holding. , specifically targeting roles that allow unsupervised access to places where people live, such as apartment buildings, assisted living facilities, or private homes.

  2. Closes loopholes that previously allowed sex offenders to work or volunteer in sensitive settings. , including as building superintendents, maintenance workers, or home health aides, where supervision is limited or absent.

  3. Seeks to enhance safety for vulnerable populations. especially residents in assisted living, apartments, or those needing in-home care—by reducing the risk of unsupervised contact with registered sex offenders.

  4. May impact employment opportunities for registered sex offenders. , potentially making it harder for them to find work or volunteer roles that involve direct access to residential spaces, with broader implications for their reintegration into society.

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Who cares

  • People required to register as sex offenders

    The bill would bar them from work or volunteer roles that permit unsupervised access to residential living quarters.

  • Residential building owners and managers

    The bill would prohibit registered sex offenders from serving as superintendents, managers or maintenance workers where the work permits unsupervised access to living quarters.

  • Home health care providers and assisted living facilities

    The bill would restrict employing or accepting registered sex offenders as volunteers in roles that permit unsupervised access to residential living quarters.

  • Tenants, home health care clients and assisted living residents

    The bill would restrict registered sex offenders from work or volunteer roles that give them unsupervised access to residents’ living quarters.

Headline styles

Limit Sex Offender Employment

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

Sponsors

Primary sponsor
Susan Serino

Senator · Senate District 41

1 Co-sponsor

History

  1. Referred to crime victims, crime and correction
  2. 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.

A8581Assembly

Limit Sex Offender Jobs

In Assembly Committee · Correction · Sponsor Fred Thiele

Impact 5 · Moderate0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

1315

2019-2020 Regular Sessions

IN SENATE

January 14, 2019

Introduced by Sens. SERINO, HELMING -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction

AN ACT to amend the correction law, in relation to permissible employment, employment related activities, and volunteer activities that may be performed by convicted sex offenders

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 168-v of the correction law, as added by chapter 604 of the laws of 2005, is amended to read as follows:

§ 168-v. Prohibition of certain types of employment [on motor vehicles engaged in retail sales of frozen desserts] and employment related activities. No person required to maintain registration under this article (sex offender registration act) shall: (i) operate, be employed on or dispense goods for sale at retail on a motor vehicle engaged in retail sales of frozen desserts as defined in subdivision thirty-seven of section three hundred seventy-five of the vehicle and traffic law; or (ii) be permitted to work at or volunteer at any facility whereby the nature of the work would permit such person to have unsupervised access to residential living quarters including, but not limited to work as a residential building superintendent, manager, or maintenance worker, or a home health aide, or in an assisted living facility.

§ 2. This act shall take effect immediately.

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

[ ] is old law to be omitted.

LBD06743-01-9

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 permissible employ- ment, employment related activities, and volunteer activities that may be performed by convicted sex offenders

Purpose

This bill would prohibit an individual who is a convicted sex offender from working or volunteering in a position where they would have unsu- pervised access to residential living quarters.

Summary of provisions

Section 1: Amends the correction law to prohibit an individual regis- tered under the sex offender registration act from being employed or volunteering for a position which would permit such person to have unsu- pervised access to residential living quarters.

Section 2: Sets an immediate effective date.

Justification

The enactment of the Sex Offender Registration Act (SORA) (Correction Law Article 6-C) established a system within which to protect our commu- nities by requiring sex offenders to register with the State, and to make public information about offenders living in our neighborhoods. Armed with this information, our communities are able to shield the most vulnerable of citizens.

The law has provisions regarding residential prohibitions, however, employment prohibitions to provide necessary public protection are not as comprehensive. In fact, there are no prohibitions from hiring a registered sex offender and giving them unsupervised access to a person's home.

This loophole was highlighted in the news when it was discovered that a Level-3 sex offender was employed as a superintendent in a residential building in Manhattan. Employment as a building superintendent allowed this convicted offender to possess keys to individual apartments. Permitting convicted sex offenders such unsupervised access is danger- ous, and counter-intuitive. Most shocking about this unfettered access to residences, is that the existing law does not prohibit convicted sex offenders from obtaining such employment.

Amending Section 168-v of the Correction Law expands and enhances the protections established by the Sex Offender Registration Act. This amendment is not intended to bar one's ability to secure a livelihood, but to exclude from permissible employment those positions in which convicted sex offenders have unsupervised access to residences. Requir- ing direct supervision of any convicted sex offender employee, or volun- teer, who has access to residential living quarters is not only prudent, but necessary for public protection.

Legislative history

2017-18: S.2170 Passed Senate 2015-16: S.4339 Passed Senate/Referred to Crime Victims, Crime and Correction 2011-12: S.1418 Passed Senate

Fiscal implications

None.

Effective date

Immediately.

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