Bill Text: NY A02605 | 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 facility where pre-kindergarten or kindergarten instruction is provided.

Spectrum: Slight Partisan Bill (Democrat 29-15)

Status: (Introduced - Dead) 2018-04-30 - enacting clause stricken [A02605 Detail]

Download: New_York-2017-A02605-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2605
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 20, 2017
                                       ___________
        Introduced  by M. of A. SEPULVEDA, KEARNS, M. G. MILLER, JAFFEE, ARROYO,
          HOOPER, SKOUFIS, CROUCH, MALLIOTAKIS, FINCH, CURRAN, ZEBROWSKI, BRAUN-
          STEIN, MAYER, ABBATE, BLAKE, CRESPO,  RAIA,  GRAF,  SALADINO,  WALTER,
          PALUMBO, PICHARDO, DiPIETRO, BRABENEC, DAVILA, STEC, BARRON, FRIEND --
          Multi-Sponsored  by  --  M.  of  A. COOK, ENGLEBRIGHT, HAWLEY, HIKIND,
          PERRY, RIVERA, SIMON, SOLAGES -- read once and referred to the Commit-
          tee on 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  any  place where pre-kindergarten or kindergarten
          instruction is provided; and to amend the executive law, 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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07343-01-7
        A. 2605                             2
     1  220.00  of the penal law, or within one thousand feet of any facility or
     2  institution  where  pre-kindergarten  or  kindergarten  instruction   is
     3  provided,  or  any  other facility or institution primarily used for the
     4  care or treatment of persons under the age of eighteen while one or more
     5  of such persons under the age of eighteen are present, provided however,
     6  that when such sentenced offender is a registered student or participant
     7  or  an  employee  of  such facility or institution or entity contracting
     8  therewith or has a family member enrolled in such facility  or  institu-
     9  tion, such sentenced offender may, with the written authorization of his
    10  or  her  parole officer and the superintendent or chief administrator of
    11  such facility, institution or grounds, enter such facility,  institution
    12  or  upon  such grounds for the limited purposes authorized by the parole
    13  officer 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    § 2.  The executive law is amended by adding a new  section  259-f  to
    17  read as follows:
    18    §  259-f.  Quarterly  reports  of schools. 1. On a quarterly basis the
    19  commissioner shall obtain an  updated  list  from  the  commissioner  of
    20  education, of every elementary and secondary school in the state, and of
    21  any other facility or institution where pre-kindergarten or kindergarten
    22  instruction is provided.
    23    2. The commissioner shall distribute the information received pursuant
    24  to  subdivision  one of this section to the board and to the director of
    25  probation and correctional alternatives.
    26    3. On or before February first each year, the commissioner shall noti-
    27  fy the governor, the temporary president of the senate, the  speaker  of
    28  the  assembly, the minority leader of the senate and the minority leader
    29  of the assembly, on the compliance with this section.
    30    § 3. Paragraph (a) of subdivision 4-a of section 65.10  of  the  penal
    31  law, as amended by chapter 67 of the laws of 2008, is amended to read as
    32  follows:
    33    (a)  When  imposing  a  sentence of probation or conditional discharge
    34  upon a person convicted of an offense defined  in  article  one  hundred
    35  thirty, two hundred thirty-five or two hundred sixty-three of this chap-
    36  ter, or section 255.25, 255.26 or 255.27 of this chapter, and the victim
    37  of  such  offense  was  under  the  age  of eighteen at the time of such
    38  offense or such person has been designated a level  three  sex  offender
    39  pursuant to subdivision six of section [168-l] one hundred sixty-eight-l
    40  of the correction law, the court shall require, as a mandatory condition
    41  of  such sentence, that such sentenced offender shall refrain from know-
    42  ingly entering into or upon any school grounds, as that term is  defined
    43  in subdivision fourteen of section 220.00 of this chapter, or within one
    44  thousand  feet  of any facility or institution where pre-kindergarten or
    45  kindergarten instruction is provided, or any other facility or  institu-
    46  tion  primarily  used for the care or treatment of persons under the age
    47  of eighteen while one or more of such persons under the age of  eighteen
    48  are  present,  provided  however, that when such sentenced offender is a
    49  registered student or participant or an employee  of  such  facility  or
    50  institution  or  entity  contracting  therewith  or  has a family member
    51  enrolled in such facility or institution, such sentenced  offender  may,
    52  with  the  written  authorization of his or her probation officer or the
    53  court and the superintendent or chief administrator  of  such  facility,
    54  institution  or  grounds,  enter such facility, institution or upon such
    55  grounds for the limited purposes authorized by the probation officer  or
    56  the  court and superintendent or chief officer. Nothing in this subdivi-
        A. 2605                             3
     1  sion shall be construed as restricting any lawful  condition  of  super-
     2  vision that may be imposed on such sentenced offender.
     3    §  4. This act shall take effect immediately, except that sections one
     4  and three of this act shall take  effect  on  the  first  of  July  next
     5  succeeding the date on which it shall have become a law.