Bill Text: NY S08759 | 2017-2018 | General Assembly | Introduced

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Bill Title: Prohibits a sex offender whose victim was a child and level 3 sex offenders from knowingly being within 1,000 feet of a child care provider, preschool or any facility where pre-kindergarten or kindergarten instruction is provided.

Spectrum: Partisan Bill (Republican 7-0)

Status: (Engrossed - Dead) 2018-06-21 - referred to correction [S08759 Detail]

Download: New_York-2017-S08759-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          8759
                    IN SENATE
                                      May 14, 2018
                                       ___________
        Introduced  by  Sen. AMEDORE -- 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  executive law and the penal law, in relation to
          prohibiting certain convicted sex offenders from knowingly being with-
          in 1,000 feet of a child care provider, a preschool or any place where
          pre-kindergarten or kindergarten instruction is provided; and to amend
          the executive law,  in  relation  to  directing  the  commissioner  of
          corrections  and community supervision to apply for quarterly listings
          of all elementary and secondary schools in the state
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision  14 of section 259-c of the executive law, as
     2  amended by section 38-b of subpart A of part C of chapter 62 of the laws
     3  of 2011, is amended to read as follows:
     4    14. notwithstanding any other provision of law to the contrary,  where
     5  a  person  serving  a  sentence  for  an  offense defined in article one
     6  hundred thirty, one hundred thirty-five or two  hundred  sixty-three  of
     7  the  penal  law or section 255.25, 255.26 or 255.27 of the penal law and
     8  the victim of such offense was under the age of eighteen at the time  of
     9  such offense or such person has been designated a level three sex offen-
    10  der  pursuant to subdivision six of section one hundred sixty-eight-l of
    11  the correction law, is released  on  parole  or  conditionally  released
    12  pursuant  to  subdivision  one  or  two of this section, the board shall
    13  require, as a mandatory condition of such release, that  such  sentenced
    14  offender  shall  refrain from knowingly entering into or upon any school
    15  grounds, as that term is defined  in  subdivision  fourteen  of  section
    16  220.00  of  the  penal  law, or within one thousand feet of a child care
    17  provider, a preschool, or any facility or institution where  pre-kinder-
    18  garten or kindergarten instruction is provided, or any other facility or
    19  institution  primarily  used  for the care or treatment of persons under
    20  the age of eighteen while one or more of such persons under the  age  of
    21  eighteen  are present, provided however, that when such sentenced offen-
    22  der is a registered student or participant or an employee of such facil-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15933-01-8
        S. 8759                             2
     1  ity or institution or entity  contracting  therewith  or  has  a  family
     2  member enrolled in such facility or institution, such sentenced offender
     3  may, with the written authorization of his or her parole officer and the
     4  superintendent  or  chief administrator of such facility, institution or
     5  grounds, enter such facility, institution or upon such grounds  for  the
     6  limited  purposes authorized by the parole officer and superintendent or
     7  chief officer.   Nothing in  this  subdivision  shall  be  construed  as
     8  restricting  any  lawful condition of supervision that may be imposed on
     9  such sentenced offender.
    10    § 2.  The executive law is amended by adding a new  section  259-f  to
    11  read as follows:
    12    §  259-f.  Quarterly  reports  of schools. 1. On a quarterly basis the
    13  commissioner shall obtain an  updated  list  from  the  commissioner  of
    14  education, of every elementary and secondary school in the state, and of
    15  every  child care provider, preschool and any other facility or institu-
    16  tion where pre-kindergarten or kindergarten instruction is provided.
    17    2. The commissioner shall distribute the information received pursuant
    18  to subdivision one of this section to the board and to the  director  of
    19  probation and correctional alternatives.
    20    3. On or before February first each year, the commissioner shall noti-
    21  fy  the  governor, the temporary president of the senate, the speaker of
    22  the assembly, the minority leader of the senate and the minority  leader
    23  of the assembly, on the compliance with this section.
    24    §  3.  Paragraph  (a) of subdivision 4-a of section 65.10 of the penal
    25  law, as amended by chapter 67 of the laws of 2008, is amended to read as
    26  follows:
    27    (a) When imposing a sentence of  probation  or  conditional  discharge
    28  upon  a  person  convicted  of an offense defined in article one hundred
    29  thirty, two hundred thirty-five or two hundred sixty-three of this chap-
    30  ter, or section 255.25, 255.26 or 255.27 of this chapter, and the victim
    31  of such offense was under the age  of  eighteen  at  the  time  of  such
    32  offense  or  such  person has been designated a level three sex offender
    33  pursuant to subdivision six of section [168-l] one hundred sixty-eight-l
    34  of the correction law, the court shall require, as a mandatory condition
    35  of such sentence, that such sentenced offender shall refrain from  know-
    36  ingly  entering into or upon any school grounds, as that term is defined
    37  in subdivision fourteen of section 220.00 of this chapter, or within one
    38  thousand feet of a child care provider, a preschool, or any facility  or
    39  institution   where  pre-kindergarten  or  kindergarten  instruction  is
    40  provided, or any other facility or institution primarily  used  for  the
    41  care or treatment of persons under the age of eighteen while one or more
    42  of such persons under the age of eighteen are present, provided however,
    43  that when such sentenced offender is a registered student or participant
    44  or  an  employee  of  such facility or institution or entity contracting
    45  therewith or has a family member enrolled in such facility  or  institu-
    46  tion, such sentenced offender may, with the written authorization of his
    47  or  her  probation  officer or the court and the superintendent or chief
    48  administrator of such  facility,  institution  or  grounds,  enter  such
    49  facility,  institution  or  upon  such  grounds for the limited purposes
    50  authorized by the probation officer or the court and  superintendent  or
    51  chief  officer.  Nothing  in  this  subdivision  shall  be  construed as
    52  restricting any lawful condition of supervision that may be  imposed  on
    53  such sentenced offender.
    54    §  4. This act shall take effect immediately, except that sections one
    55  and three of this act shall take  effect  on  the  first  of  July  next
    56  succeeding the date on which it shall have become a law.