Chapter 265 of the General Laws is hereby amended by adding the following section:-

Section 58. A parent or guardian, knowingly endangers a child's welfare when such parent or guardian fails to inquire of a person supervising the welfare of a child under 12 whether such person is a registered sex offender, has a history of mental illness, has a suspended driver’s license, has a criminal record, is a defendant who is the recipient of an order pursuant to chapter 209A or chapter 258E or has not inquired of such person’s ability to care for a child under 12 in the absence of a parent or guardian.  This section shall not apply if the person supervising the welfare of the child is employed by a facility licensed pursuant to chapter 15D.

A violation of this section shall be punished by imprisonment in the house of correction for not more than 2½ years or by a fine of $1,000 or by both such fine and imprisonment.  A police officer or officer authorized to serve criminal process may arrest, without a warrant, any person whom he has probable cause to believe has violated this section.