Bill Text: NY A01222 | 2023-2024 | General Assembly | Introduced
Bill Title: Prohibits sex offenders who are on parole or probation, or conditionally discharged from being upon or within 1,000 feet of the premises of any facility providing child day care, while any person under 18 years of age is present.
Spectrum: Bipartisan Bill
Status: (Introduced) 2024-07-15 - enacting clause stricken [A01222 Detail]
Download: New_York-2023-A01222-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1222 2023-2024 Regular Sessions IN ASSEMBLY January 13, 2023 ___________ Introduced by M. of A. ZEBROWSKI, THIELE, DiPIETRO, STERN -- Multi-Spon- sored by -- M. of A. BARCLAY, McDONOUGH, RIVERA -- read once and referred to the Committee on Correction AN ACT to amend the penal law and the executive law, in relation to prohibiting sex offenders from being upon the premises of any home or facility where child day care is provided The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (a) of subdivision 4-a of section 65.10 of the 2 penal law, as amended by chapter 67 of the laws of 2008, is amended to 3 read as follows: 4 (a) When imposing a sentence of probation or conditional discharge 5 upon a person convicted of an offense defined in article one hundred 6 thirty, two hundred thirty-five or two hundred sixty-three of this chap- 7 ter, or section 255.25, 255.26 or 255.27 of this chapter, and the victim 8 of such offense was under the age of eighteen at the time of such 9 offense or such person has been designated a level three sex offender 10 pursuant to subdivision six of section 168-l of the correction law, the 11 court shall require, as a mandatory condition of such sentence, that 12 such sentenced offender shall refrain from knowingly entering into or 13 upon any school grounds, as that term is defined in subdivision fourteen 14 of section 220.00 of this chapter, or into, upon or within one thousand 15 feet of any other facility or institution primarily used for the care or 16 treatment of persons under the age of eighteen, which shall include but 17 not be limited to any home or facility where child day care, as such 18 term is defined in paragraph (a) of subdivision one of section three 19 hundred ninety of the social services law, is provided, while one or 20 more of such persons under the age of eighteen are present, provided 21 however, that when such sentenced offender is a registered student or 22 participant or an employee of such facility or institution or entity 23 contracting therewith or has a family member enrolled in such facility EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03228-01-3A. 1222 2 1 or institution, such sentenced offender may, with the written authori- 2 zation of his or her probation officer or the court and the superinten- 3 dent or chief administrator of such facility, institution or grounds, 4 enter such facility, institution or upon such grounds for the limited 5 purposes authorized by the probation officer or the court and super- 6 intendent or chief officer. Nothing in this subdivision shall be 7 construed as restricting any lawful condition of supervision that may be 8 imposed on such sentenced offender. 9 § 2. Subdivision 14 of section 259-c of the executive law, as amended 10 by section 38-b of subpart A of part C of chapter 62 of the laws of 11 2011, is amended to read as follows: 12 14. notwithstanding any other provision of law to the contrary, where 13 a person serving a sentence for an offense defined in article one 14 hundred thirty, one hundred thirty-five or two hundred sixty-three of 15 the penal law or section 255.25, 255.26 or 255.27 of the penal law and 16 the victim of such offense was under the age of eighteen at the time of 17 such offense or such person has been designated a level three sex offen- 18 der pursuant to subdivision six of section one hundred sixty-eight-l of 19 the correction law, is released on parole or conditionally released 20 pursuant to subdivision one or two of this section, the board shall 21 require, as a mandatory condition of such release, that such sentenced 22 offender shall refrain from knowingly entering into or upon any school 23 grounds, as that term is defined in subdivision fourteen of section 24 220.00 of the penal law, or into, upon or within one thousand feet of 25 any other facility or institution primarily used for the care or treat- 26 ment of persons under the age of eighteen, which shall include but not 27 be limited to any home or facility where child day care, as such term is 28 defined in paragraph (a) of subdivision one of section three hundred 29 ninety of the social services law, is provided, while one or more of 30 such persons under the age of eighteen are present, provided however, 31 that when such sentenced offender is a registered student or participant 32 or an employee of such facility or institution or entity contracting 33 therewith or has a family member enrolled in such facility or institu- 34 tion, such sentenced offender may, with the written authorization of his 35 or her parole officer and the superintendent or chief administrator of 36 such facility, institution or grounds, enter such facility, institution 37 or upon such grounds for the limited purposes authorized by the parole 38 officer and superintendent or chief officer. Nothing in this subdivi- 39 sion shall be construed as restricting any lawful condition of super- 40 vision that may be imposed on such sentenced offender. 41 § 3. This act shall take effect immediately.
