Bill Text: NY S05386 | 2017-2018 | General Assembly | Introduced

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Bill Title: Prohibits sex offenders designated as level 2 or level 3, or whose victim was under 18 years, from entering or remaining upon school grounds, or upon the grounds of any facility or institution for the care or treatment of children under 18, while any such child remains upon the premises thereof; violation of such prohibition constitutes a class D felony.

Spectrum: Moderate Partisan Bill (Republican 6-1)

Status: (Engrossed - Dead) 2018-06-20 - RECOMMITTED TO RULES [S05386 Detail]

Download: New_York-2017-S05386-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5386
                               2017-2018 Regular Sessions
                    IN SENATE
                                     March 24, 2017
                                       ___________
        Introduced  by  Sen.  MURPHY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Crime Victims,  Crime  and
          Correction
        AN  ACT  to amend the correction law, in relation to prohibiting certain
          sex offenders from entering or remaining upon the grounds  of  certain
          facilities for children
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 168-t of the correction law, as amended by  chapter
     2  373 of the laws of 2007, is amended to read as follows:
     3    §  168-t.  Penalty. Any sex offender required to register or to verify
     4  pursuant to the provisions of this article  who  fails  to  register  or
     5  verify  in  the  manner and within the time periods provided for in this
     6  article shall be guilty of a class E  felony  upon  conviction  for  the
     7  first  offense,  and  upon conviction for a second or subsequent offense
     8  shall be guilty of a class D felony. Any sex offender who  violates  the
     9  provisions of section one hundred sixty-eight-v of this article shall be
    10  guilty  of  a class A misdemeanor upon conviction for the first offense,
    11  and upon conviction for a second or subsequent offense shall  be  guilty
    12  of  a  class D felony.   Any sex offender who violates the provisions of
    13  section one hundred sixty-eight-w of this article shall be guilty  of  a
    14  class  D  felony. Any such failure to register or verify may also be the
    15  basis for revocation of parole pursuant to section  two  hundred  fifty-
    16  nine-i  of  the  executive  law or the basis for revocation of probation
    17  pursuant to article four hundred ten of the criminal procedure law.
    18    § 2. Section 168-w of the correction law, as relettered by chapter 604
    19  of the laws of 2005, is renumbered section 168-x and a new section 168-w
    20  is added to read as follows:
    21    § 168-w. Prohibition of presence upon the grounds  of  facilities  for
    22  children.    A  sex offender required to register under this article who
    23  has been given a level two or level three designation, or if the  victim
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10774-01-7
        S. 5386                             2
     1  of a sex offender's offense was under the age of eighteen at the time of
     2  such offense, shall not, while such sex offender is required to register
     3  and  verify pursuant to this article, knowingly enter or remain upon any
     4  school  grounds,  as  such  term  is  defined in subdivision fourteen of
     5  section 220.00 of the penal law, or  upon  the  grounds  or  within  any
     6  facility  or  institution  primarily  used  for the care or treatment of
     7  persons under the age of eighteen while one  or  more  of  such  persons
     8  under the age of eighteen are present; provided, however, that when such
     9  sex  offender  is  a registered student, participant or employee of such
    10  facility, institution or an entity contracting therewith, or has a fami-
    11  ly member enrolled or admitted in such facility or institution, such sex
    12  offender may, if he or she is not under probation or parole supervision,
    13  with the written authorization of the superintendent or  chief  adminis-
    14  trator  of  such  facility, institution or grounds, enter such facility,
    15  institution or grounds, for the  limited  purposes  authorized  by  such
    16  superintendent or chief administrative officer.
    17    §  3.  This  act shall take effect on the thirtieth day after it shall
    18  have become a law.