Bill Text: NY A00236 | 2021-2022 | General Assembly | Introduced
Bill Title: Prohibits certain sex offenders from entering a school bus or within one thousand feet of a school bus stop.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2022-01-05 - referred to codes [A00236 Detail]
Download: New_York-2021-A00236-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 236 2021-2022 Regular Sessions IN ASSEMBLY (Prefiled) January 6, 2021 ___________ Introduced by M. of A. GUNTHER, J. RIVERA, WALCZYK -- Multi-Sponsored by -- M. of A. HAWLEY, RAMOS -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to prohibiting certain sex offenders from entering a school bus or within one thousand feet of a school bus stop The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 4-a of section 65.10 of the penal law, as 2 amended by chapter 67 of the laws of 2008, is amended to read as 3 follows: 4 4-a. Mandatory conditions for sex offenders. (a) When imposing a 5 sentence of probation or conditional discharge upon a person convicted 6 of an offense defined in article one hundred thirty, two hundred thir- 7 ty-five or two hundred sixty-three of this chapter, or section 255.25, 8 255.26 or 255.27 of this chapter, and the victim of such offense was 9 under the age of eighteen at the time of such offense or such person has 10 been designated a level three sex offender pursuant to subdivision six 11 of section [168-l] one hundred sixty-eight-l of the correction law, the 12 court shall require, as a mandatory condition of such sentence, that 13 such sentenced offender shall refrain from knowingly entering into or 14 upon any school grounds, as that term is defined in subdivision fourteen 15 of section 220.00 of this chapter, or any school bus, as defined in 16 section one hundred forty-two of the vehicle and traffic law, or within 17 one thousand feet of a designated school bus stop, defined as a regular- 18 ly occurring stop where passengers are discharged or taken on, or any 19 other facility or institution primarily used for the care or treatment 20 of persons under the age of eighteen while one or more of such persons 21 under the age of eighteen are present, provided however, that when such 22 sentenced offender is a registered student or participant or an employee EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02635-01-1A. 236 2 1 of such facility or institution or entity contracting therewith or has a 2 family member enrolled in such facility or institution, such sentenced 3 offender may, with the written authorization of his or her probation 4 officer or the court and the superintendent or chief administrator of 5 such facility, institution or grounds, enter such facility, institution 6 or upon such grounds for the limited purposes authorized by the 7 probation officer or the court and superintendent or chief officer. 8 Nothing in this subdivision shall be construed as restricting any lawful 9 condition of supervision that may be imposed on such sentenced offender. 10 (b) When imposing a sentence of probation or conditional discharge 11 upon a person convicted of an offense for which registration as a sex 12 offender is required pursuant to subdivision two or three of section one 13 hundred sixty-eight-a of the correction law, and the victim of such 14 offense was under the age of eighteen at the time of such offense or 15 such person has been designated a level three sex offender pursuant to 16 subdivision six of section one hundred sixty-eight-l of the correction 17 law or the internet was used to facilitate the commission of the crime, 18 the court shall require, as mandatory conditions of such sentence, that 19 such sentenced offender be prohibited from using the internet to access 20 pornographic material, access a commercial social networking website, 21 communicate with other individuals or groups for the purpose of promot- 22 ing sexual relations with persons under the age of eighteen, and commu- 23 nicate with a person under the age of eighteen when such offender is 24 over the age of eighteen, provided that the court may permit an offender 25 to use the internet to communicate with a person under the age of eigh- 26 teen when such offender is the parent of a minor child and is not other- 27 wise prohibited from communicating with such child. Nothing in this 28 subdivision shall be construed as restricting any other lawful condition 29 of supervision that may be imposed on such sentenced offender. As used 30 in this subdivision, a "commercial social networking website" shall mean 31 any business, organization or other entity operating a website that 32 permits persons under eighteen years of age to be registered users for 33 the purpose of establishing personal relationships with other users, 34 where such persons under eighteen years of age may: (i) create web pages 35 or profiles that provide information about themselves where such web 36 pages or profiles are available to the public or to other users; (ii) 37 engage in direct or real time communication with other users, such as a 38 chat room or instant messenger; and (iii) communicate with persons over 39 eighteen years of age; provided, however, that, for purposes of this 40 subdivision, a commercial social networking website shall not include a 41 website that permits users to engage in such other activities as are not 42 enumerated herein. 43 § 2. This act shall take effect immediately.
