Bill Text: NY A08041 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to prohibiting certain sex offenders from entering any school grounds; requires school districts to adopt procedures for the admission of visitors to a school building including to ensure such visitors are not registered as level two or three sex offenders.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-01-03 - referred to correction [A08041 Detail]
Download: New_York-2017-A08041-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8041 2017-2018 Regular Sessions IN ASSEMBLY May 25, 2017 ___________ Introduced by M. of A. SANTABARBARA -- read once and referred to the Committee on Correction AN ACT to amend the correction law, the penal law and the executive law, in relation to prohibiting certain sex offenders from entering any school grounds; and to amend the education law, in relation to requir- ing school districts to adopt procedures for the admission of visitors to a school building 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 renumbered section 168-x and a new 3 section 168-w is added to read as follows: 4 § 168-w. Prohibition on entering any school grounds. Notwithstanding 5 any other law, rule or regulation to the contrary, it shall be unlawful 6 for any level two or three sex offender to knowingly enter into or upon 7 any school grounds, as that term is defined in subdivision fourteen of 8 section 220.00 of the penal law. The prohibition imposed by this section 9 shall remain in effect for as long as a person is classified as a level 10 two or three sex offender. 11 § 2. Paragraph (a) of subdivision 4-a of section 65.10 of the penal 12 law, as amended by chapter 67 of the laws of 2008, is amended to read as 13 follows: 14 (a) When imposing a sentence of probation or conditional discharge 15 upon a person convicted of an offense defined in article one hundred 16 thirty, two hundred thirty-five or two hundred sixty-three of this chap- 17 ter, or section 255.25, 255.26 or 255.27 of this chapter, and the victim 18 of such offense was under the age of eighteen at the time of such 19 offense or such person has been designated a level two or three sex 20 offender pursuant to subdivision six of section 168-l of the correction 21 law, the court shall require, as a mandatory condition of such sentence, 22 that such sentenced offender shall refrain from knowingly entering into EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10186-01-7A. 8041 2 1 or upon any school grounds, as that term is defined in subdivision four- 2 teen of section 220.00 of this chapter, or any other facility or insti- 3 tution primarily used for the care or treatment of persons under the age 4 of eighteen while one or more of such persons under the age of eighteen 5 are present[, provided however, that when such sentenced offender is a6registered student or participant or an employee of such facility or7institution or entity contracting therewith or has a family member8enrolled in such facility or institution, such sentenced offender may,9with the written authorization of his or her probation officer or the10court and the superintendent or chief administrator of such facility,11institution or grounds, enter such facility, institution or upon such12grounds for the limited purposes authorized by the probation officer or13the court and superintendent or chief officer]. Nothing in this subdivi- 14 sion shall be construed as restricting any lawful condition of super- 15 vision that may be imposed on such sentenced offender. 16 § 3. Subdivision 14 of section 259-c of the executive law, as amended 17 by section 38-b of subpart A of part C of chapter 62 of the laws of 18 2011, is amended to read as follows: 19 14. notwithstanding any other provision of law to the contrary, where 20 a person serving a sentence for an offense defined in article one 21 hundred thirty, one hundred thirty-five or two hundred sixty-three of 22 the penal law or section 255.25, 255.26 or 255.27 of the penal law and 23 the victim of such offense was under the age of eighteen at the time of 24 such offense or such person has been designated a level two or three sex 25 offender pursuant to subdivision six of section one hundred 26 sixty-eight-l of the correction law, is released on parole or condi- 27 tionally released pursuant to subdivision one or two of this section, 28 the board shall require, as a mandatory condition of such release, that 29 such sentenced offender shall refrain from knowingly entering into or 30 upon any school grounds, as that term is defined in subdivision fourteen 31 of section 220.00 of the penal law, or any other facility or institution 32 primarily used for the care or treatment of persons under the age of 33 eighteen while one or more of such persons under the age of eighteen are 34 present[, provided however, that when such sentenced offender is a35registered student or participant or an employee of such facility or36institution or entity contracting therewith or has a family member37enrolled in such facility or institution, such sentenced offender may,38with the written authorization of his or her parole officer and the39superintendent or chief administrator of such facility, institution or40grounds, enter such facility, institution or upon such grounds for the41limited purposes authorized by the parole officer and superintendent or42chief officer]. Nothing in this subdivision shall be construed as 43 restricting any lawful condition of supervision that may be imposed on 44 such sentenced offender. 45 § 4. Paragraph b of subdivision 2 of section 2801 of the education 46 law, as added by chapter 181 of the laws of 2000, is amended to read as 47 follows: 48 b. standards and procedures to assure security and safety of students 49 and school personnel, including, but not limited to, procedures for the 50 admission of visitors to a school building including to ensure such 51 visitors are not registered as level two or three sex offenders pursuant 52 to article six-C of the correction law; 53 § 5. This act shall take effect on the ninetieth day after it shall 54 have become a law.
