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.