Bill Text: NY A01091 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the penal law and the executive law, in relation to prohibiting sex offenders and violent felony offenders placed on conditional release or parole from entering upon school grounds or other facilities where children are cared for
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Introduced - Dead) 2010-05-18 - held for consideration in codes [A01091 Detail]
Download: New_York-2009-A01091-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1091
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. McDONOUGH, ERRIGO, KOLB, SPANO -- Multi-Sponsored
by -- M. of A. THIELE -- read once and referred to the Committee on
Codes
AN ACT to amend the penal law and the executive law, in relation to
prohibiting sex offenders and violent felony offenders placed on
conditional release or parole from entering upon school grounds or
other facilities where children are cared for
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Short title. This act shall be known as and may be cited as
2 "Carlie's law".
3 S 2. Subdivision 4-a of section 65.10 of the penal law, as amended by
4 chapter 67 of the laws of 2008, is amended to read as follows:
5 4-a. Mandatory conditions for sex offenders AND VIOLENT FELONY OFFEN-
6 DERS. (a) When imposing a sentence of probation or conditional discharge
7 upon a person convicted of an offense defined in article one hundred
8 thirty, two hundred thirty-five or two hundred sixty-three of this chap-
9 ter, or section 255.25, 255.26 or 255.27 of this chapter, [and the
10 victim of such offense was under the age of eighteen at the time of such
11 offense] A VIOLENT FELONY OFFENSE AS DEFINED IN SUBDIVISION ONE OF
12 SECTION 70.02 OF THIS TITLE or such person has been designated a level
13 three sex offender pursuant to subdivision six of section 168-l of the
14 correction law, the court shall require, as a mandatory condition of
15 such sentence, that such sentenced offender shall refrain from knowingly
16 entering into or upon any school grounds, as that term is defined in
17 subdivision fourteen of section 220.00 of this chapter, or any other
18 facility or institution primarily used for the care or treatment of
19 persons under the age of eighteen while one or more of such persons
20 under the age of eighteen are present, provided however, that when such
21 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.
LBD01351-01-9
A. 1091 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] A
15 VIOLENT FELONY OFFENSE AS DEFINED IN SUBDIVISION ONE OF SECTION 70.02 OF
16 THIS TITLE or such person has been designated a level three sex offender
17 pursuant to subdivision six of section one hundred sixty-eight-l of the
18 correction law or the internet was used to facilitate the commission of
19 the crime, the court shall require, as mandatory conditions of such
20 sentence, that such sentenced offender be prohibited from using the
21 internet to access pornographic material, access a commercial social
22 networking website, communicate with other individuals or groups for the
23 purpose of promoting sexual relations with persons under the age of
24 eighteen, and communicate with a person under the age of eighteen when
25 such offender is over the age of eighteen, provided that the court may
26 permit an offender to use the internet to communicate with a person
27 under the age of eighteen when such offender is the parent of a minor
28 child and is not otherwise prohibited from communicating with such
29 child. Nothing in this subdivision shall be construed as restricting any
30 other lawful condition of supervision that may be imposed on such
31 sentenced offender. As used in this subdivision, a "commercial social
32 networking website" shall mean any business, organization or other enti-
33 ty operating a website that permits persons under eighteen years of age
34 to be registered users for the purpose of establishing personal
35 relationships with other users, where such persons under eighteen years
36 of age may: (i) create web pages or profiles that provide information
37 about themselves where such web pages or profiles are available to the
38 public or to other users; (ii) engage in direct or real time communi-
39 cation with other users, such as a chat room or instant messenger; and
40 (iii) communicate with persons over eighteen years of age; provided,
41 however, that, for purposes of this subdivision, a commercial social
42 networking website shall not include a website that permits users to
43 engage in such other activities as are not enumerated herein.
44 S 3. Subdivision 14 of section 259-c of the executive law, as amended
45 by chapter 320 of the laws of 2006, is amended to read as follows:
46 14. notwithstanding any other provision of law to the contrary, where
47 a person serving a sentence for an offense defined in article one
48 hundred thirty, one hundred thirty-five or two hundred sixty-three of
49 the penal law or section 255.25, 255.26 or 255.27 of the penal law [and
50 the victim of such offense was under the age of eighteen at the time of
51 such offense], A VIOLENT FELONY OFFENSE AS DEFINED IN SUBDIVISION ONE OF
52 SECTION 70.02 OF THE PENAL LAW or such person has been designated a
53 level three sex offender pursuant to subdivision six of section one
54 hundred sixty-eight-l of the correction law, is released on parole or
55 conditionally released pursuant to subdivision one or two of this
56 section, the board shall require, as a mandatory condition of such
A. 1091 3
1 release, that such sentenced offender shall refrain from knowingly
2 entering into or upon any school grounds, as that term is defined in
3 subdivision fourteen of section 220.00 of the penal law, or any other
4 facility or institution primarily used for the care or treatment of
5 persons under the age of eighteen while one or more of such persons
6 under the age of eighteen are present, provided however, that when such
7 sentenced offender is a registered student or participant or an employee
8 of such facility or institution or entity contracting therewith or has a
9 family member enrolled in such facility or institution, such sentenced
10 offender may, with the written authorization of his or her parole offi-
11 cer and the superintendent or chief administrator of such facility,
12 institution or grounds, enter such facility, institution or upon such
13 grounds for the limited purposes authorized by the parole officer and
14 superintendent or chief officer. Nothing in this subdivision shall be
15 construed as restricting any lawful condition of supervision that may be
16 imposed on such sentenced offender.
17 S 4. This act shall take effect on the first of November next succeed-
18 ing the date on which it shall have become a law.
