Law would change sex offender rules

LOCKPORT, N.Y. (WIVB) - A proposed law would make it tougher for a convicted sex offender to work with children in Erie County.

The proposed law was essentially an 11th hour proposal, put into motion by one Erie County Legislator just before leaving office. But for it to be effective, lawmakers say it needs to be a New York State initiative.

It became a community concern when two registered sex offenders, Alfred Devoe and Jeffrey Lewinski, planned to open a haunted house in Lockport, last year.

Lewinski said, "I have no comment on that aspect." When told some might be concerned about having children come to his haunted house, Lewinski responded, "So? I have no comment in that regard."

After News 4 aired a story about the pair's plan, they nixed the haunted house.  But their plans in Niagara County lead Erie County Legislator Daniel Kozub to introduce a local law that would ban level two and three sex offenders from working at haunted houses, among other places, countywide.

"I was watching the news and I couldn't believe when I heard the county DA say that there was nothing on the books to prohibit this from happening," said Kozub.

And there still isn't anything anyone can do, to prevent this from happening, if neither offender is on probation or parole. The local law was proposed just hours before Kozub's term expired.

The proposal would require further action from county lawmakers, but unless they pick up where Kozub left off, it's likely this bill will be on the table for up to two years. Kozub's law now sits on each county lawmaker's desk, essentially hanging in limbo. You can read the proposed local law here. Still, he noted, it's more than just an Erie County issue.

Kozub explained, "We want to make sure that they have the tools necessary to make the arrests, make them stick and go before the DA and through the courts and have this local law have some sort of teeth. But it needs to be done on a state level to actually have the full impact that's needed."

He's sent a resolution to New York State Senator Mark Grisanti, which you can read here, hoping for a change at the state level. Grisanti returns to Albany on Wednesday and says at that point, he'll take a look at the resolution, noting level two or three sex offender shouldn't be working around, or with, children in New York State.

Buffalo Councilman Rich Fontana is urging county legislators to discuss the bill. As a father, he says it's that much more important to keep serious offenders away from kids.

"To be honest with you, I think a lot of parents would be surprised to find out that's already not a law to begin with. So I don't think sex offenders should put themselves in a position anyways where they're working with children," said Fontana.

Erie County lawmakers return later this week.