BILL NUMBER: S3112
SPONSOR: HELMING
 
TITLE OF BILL:
An act to amend the correction law, in relation to the failure to regis-
ter 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 establish-
ments
 
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 renumbered 169-x, and
a new section 168-w is added 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 Section 168-w of the Correction Law.
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:
2023-2024: 5.2937 referred to Crime Victims, Crime and Correction
2021-2022: 5.1263 referred to Crime Victims, Crime and Correction
2019-2020: S.157 referred to Crime Victims, Crime and Correction
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.

Statutes affected:
S3112: 168-t correction law