S 3112: Makes the failure of a sex offender to register or verify pursuant to the provisions of the sex offender registration act or violation of the prohibition on sex offenders being employed on a motor vehicle engaged in the retail sale of frozen desserts or another type of mobile food establishment or pushcart a class D felony.

  
  STATE OF NEW YORK ________________________________________________________________________ 3112 2025-2026 Regular Sessions  IN SENATE January 23, 2025 ___________ 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 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 estab- lishments The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 168-w of the correction law, as relettered by chap- 2 ter 604 of the laws of 2005, is renumbered section 168-x and a new 3 section 168-w is added to read as follows: 4 § 168-w. Prohibition of employment on mobile food service establish- 5 ments or pushcarts. No person required to maintain registration under 6 this article shall operate, be employed on or dispense goods for sale at 7 retail on a mobile food service establishment or pushcart. For purposes 8 of this section a mobile food service establishment is defined as a 9 self-contained food service operation, located in a vehicle or a movable 10 stand, self or otherwise propelled, used to store, prepare, display or 11 serve food intended for individual portion service. For purposes of this 12 section a pushcart is defined as a cart or barrow, manually propelled, 13 used to vend food intended for individual portion service. 14 § 2. Section 168-t of the correction law, as amended by chapter 373 of 15 the laws of 2007, is amended to read as follows: 16 § 168-t. Penalty. Any sex offender required to register or to verify 17 pursuant to the provisions of this article who fails to register or 18 verify in the manner and within the time periods provided for in this 19 article [shall be guilty of a class E felony upon conviction for the 20 first offense, and upon conviction for a second or subsequent offense 21 shall be guilty of a class D felony. Any sex offender] or who violates EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07195-01-5 
 S. 3112 2 1 the provisions of [section] sections one hundred sixty-eight-v and one 2 hundred sixty-eight-w of this article shall be guilty of [a class A 3 misdemeanor upon conviction for the first offense, and upon conviction 4 for a second or subsequent offense shall be guilty of] a class D felony. 5 Any such failure to register or verify may also be the basis for revoca- 6 tion of parole pursuant to section two hundred fifty-nine-i of the exec- 7 utive law or the basis for revocation of probation pursuant to article 8 four hundred ten of the criminal procedure law. 9 § 3. This act shall take effect on the thirtieth day after it shall 10 have become a law.