What's happening
This bill prohibits registered sex offenders from working on or operating mobile food service establishments or pushcarts and increases penalties for violations.
Why it matters
Expands restrictions on employment for registered sex offenders, specifically barring them from working at or operating mobile food service businesses and pushcarts. this targets jobs involving direct, frequent contact with the general public, including children, in informal or transient settings.
Clearly defines what constitutes a mobile food service establishment and pushcart. , ensuring there’s little ambiguity about which jobs are covered (e.g., food trucks, ice cream vans, street food carts).
Significantly increases penalties for violations. , making it a class D felony (a more serious offense) rather than a misdemeanor for first offenses, which could serve as a stronger deterrent and lead to longer sentences for those who break the law.
May impact rehabilitation and employment opportunities for registered sex offenders. by reducing available job options, which could have broader implications for reintegration and recidivism, as well as raising questions about balancing public safety and offender rights.
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Who cares
Headline styles
Felony for Sex Offender Ice Cream Jobs
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to crime victims, crime and correction
- Referred to crime victims, crime and correction
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
157
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. 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 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 first offense, and upon conviction for a second or subsequent offense
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04918-01-9
S. 157 2
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
2018: S.3030-A passed Senate; A.8715-A referred to Correction. 2017: S.3030 passed Senate; A.8715 referred to Correction. 2015/2016: S.4953 - passed Senate; A.8678 referred to Correction. 2013/2014: S.1390- passed Senate; A.4847- referred to 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.