Bill Text: NY A05690 | 2013-2014 | General Assembly | Introduced


Bill Title: Prohibits persons required to maintain registration under the sex offender registration act from entering into a children's section of a public library.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-08 - referred to correction [A05690 Detail]

Download: New_York-2013-A05690-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5690
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 5, 2013
                                      ___________
       Introduced  by M. of A. SIMOTAS -- read once and referred to the Commit-
         tee on Correction
       AN ACT to amend the correction law and the penal  law,  in  relation  to
         prohibiting  persons  required  to maintain registration under the sex
         offender registration act from entering into a children's section of a
         public library
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 168-w of the correction law, as relettered by chap-
    2  ter  604  of  the  laws  of  2005, is relettered section 168-x and a new
    3  section 168-w is added to read as follows:
    4    S 168-W. PROHIBITION FROM ENTERING A CHILDREN'S SECTION  OF  A  PUBLIC
    5  LIBRARY. ANY PERSON REQUIRED TO MAINTAIN REGISTRATION UNDER THIS ARTICLE
    6  (SEX OFFENDER REGISTRATION ACT) SHALL REFRAIN FROM ENTERING INTO OR UPON
    7  ANY AREA OR ROOM IN A PUBLIC LIBRARY DESIGNATED AS A CHILDREN'S SECTION.
    8    S  2.  Paragraph  (a) of subdivision 4-a of section 65.10 of the penal
    9  law, as amended by chapter 67 of the laws of 2008, is amended to read as
   10  follows:
   11    (a) When imposing a sentence of  probation  or  conditional  discharge
   12  upon  a  person  convicted  of an offense defined in article one hundred
   13  thirty, two hundred thirty-five or two hundred sixty-three of this chap-
   14  ter, or section 255.25, 255.26 or 255.27 of this chapter, and the victim
   15  of such offense was under the age  of  eighteen  at  the  time  of  such
   16  offense  or  such  person has been designated a level three sex offender
   17  pursuant to subdivision six of section 168-l of the correction law,  the
   18  court  shall  require,  as  a mandatory condition of such sentence, that
   19  such sentenced offender shall refrain from knowingly  entering  into  or
   20  upon any school grounds, as that term is defined in subdivision fourteen
   21  of  section  220.00  of  this  chapter,  OR ANY AREA OR ROOM OF A PUBLIC
   22  LIBRARY DESIGNATED AS A CHILDREN'S SECTION, or  any  other  facility  or
   23  institution  primarily  used  for the care or treatment of persons under
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00233-01-3
       A. 5690                             2
    1  the age of eighteen while one or more of such persons under the  age  of
    2  eighteen  are present, provided however, that when such sentenced offen-
    3  der is a registered student or participant or an employee of such facil-
    4  ity  or  institution  or  entity  contracting  therewith or has a family
    5  member enrolled in such facility or institution, such sentenced offender
    6  may, with the written authorization of his or her probation  officer  or
    7  the  court and the superintendent or chief administrator of such facili-
    8  ty, institution or grounds, enter such  facility,  institution  or  upon
    9  such  grounds for the limited purposes authorized by the probation offi-
   10  cer or the court and superintendent or chief officer.  Nothing  in  this
   11  subdivision  shall  be  construed as restricting any lawful condition of
   12  supervision that may be imposed on such sentenced offender.
   13    S 3. This act shall take effect immediately.
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