Bill Text: NY A02940 | 2015-2016 | General Assembly | Introduced

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Bill Title: Prohibits persons required to maintain registration under the sex offender registration act from entering into an area or room in a public, association or free library designated as a children's section or designed primarily to serve a population under the age of eighteen.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2016-01-06 - referred to correction [A02940 Detail]

Download: New_York-2015-A02940-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2940
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 20, 2015
                                      ___________
       Introduced  by  M.  of  A. WEPRIN, MOSLEY, OTIS, SCARBOROUGH, BENEDETTO,
         GUNTHER, ZEBROWSKI, COLTON, HOOPER,  RAIA,  WALTER,  MOYA,  CURRAN  --
         Multi-Sponsored  by  --  M.  of  A.    ARROYO, BARCLAY, CERETTO, COOK,
         CROUCH, DUPREY, GARBARINO, McKEVITT, McLAUGHLIN, PERRY, RIVERA, SOLAG-
         ES -- read once and referred to the Committee on Correction
       AN ACT to amend the correction law and the penal  law,  in  relation  to
         prohibiting  certain  persons  required to maintain registration under
         the sex offender registration act  from  entering  into  a  children's
         section of a public library
         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  relettered  section  168-x  and  a  new
    3  section 168-w is added to read as follows:
    4    S  168-W.  PROHIBITION FROM ENTERING A CHILDREN'S SECTION OF A PUBLIC,
    5  ASSOCIATION OR FREE LIBRARY. ANY PERSON REQUIRED TO  MAINTAIN  REGISTRA-
    6  TION UNDER THIS ARTICLE (SEX OFFENDER REGISTRATION ACT) AND WHOSE VICTIM
    7  WAS A CHILD SHALL REFRAIN FROM ENTERING INTO OR UPON ANY AREA OR ROOM IN
    8  A PUBLIC, ASSOCIATION OR FREE LIBRARY DESIGNATED AS A CHILDREN'S SECTION
    9  OR DESIGNED PRIMARILY TO SERVE A POPULATION UNDER THE AGE OF EIGHTEEN.
   10    S  2.  Paragraph  (a) of subdivision 4-a of section 65.10 of the penal
   11  law, as amended by chapter 67 of the laws of 2008, is amended to read as
   12  follows:
   13    (a) When imposing a sentence of  probation  or  conditional  discharge
   14  upon  a  person  convicted  of an offense defined in article one hundred
   15  thirty, two hundred thirty-five or two hundred sixty-three of this chap-
   16  ter, or section 255.25, 255.26 or 255.27 of this chapter, and the victim
   17  of such offense was under the age  of  eighteen  at  the  time  of  such
   18  offense  or  such  person has been designated a level three sex offender
   19  pursuant to subdivision six of section [168-l] ONE HUNDRED SIXTY-EIGHT-L
   20  of the correction law, the court shall require, as a mandatory condition
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07633-01-5
       A. 2940                             2
    1  of such sentence, that such sentenced offender shall refrain from  know-
    2  ingly  entering into or upon any school grounds, as that term is defined
    3  in subdivision fourteen of section 220.00 of this chapter, OR  ANY  AREA
    4  OR  ROOM  OF A PUBLIC, ASSOCIATION OR FREE LIBRARY DESIGNATED AS A CHIL-
    5  DREN'S SECTION OR DESIGNED PRIMARILY TO SERVE A POPULATION UNDER THE AGE
    6  OF EIGHTEEN WHEN THE OFFENDER'S VICTIM WAS A CHILD, or any other facili-
    7  ty or institution primarily used for the care or  treatment  of  persons
    8  under  the  age  of eighteen while one or more of such persons under the
    9  age of eighteen are present, provided however, that when such  sentenced
   10  offender  is  a registered student or participant or an employee of such
   11  facility or institution or entity contracting therewith or has a  family
   12  member enrolled in such facility or institution, such sentenced offender
   13  may,  with  the written authorization of his or her probation officer or
   14  the court and the superintendent or chief administrator of such  facili-
   15  ty,  institution  or  grounds,  enter such facility, institution or upon
   16  such grounds for the limited purposes authorized by the probation  offi-
   17  cer  or  the  court and superintendent or chief officer. Nothing in this
   18  subdivision shall be construed as restricting any  lawful  condition  of
   19  supervision that may be imposed on such sentenced offender.
   20    S 3. This act shall take effect immediately.