Bill Text: NY A08449 | 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: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-09-27 - enacting clause stricken [A08449 Detail]

Download: New_York-2017-A08449-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          8449
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      June 16, 2017
                                       ___________
        Introduced  by  M.  of  A.  SIMANOWITZ  -- read once and referred to the
          Committee on 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
    24  of a sex offender's offense was under the age of eighteen at the time of
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10774-01-7
        A. 8449                             2
     1  such offense, shall not, while such sex offender is required to register
     2  and verify pursuant to this article, knowingly enter or remain upon  any
     3  school  grounds,  as  such  term  is  defined in subdivision fourteen of
     4  section  220.00  of  the  penal  law,  or upon the grounds or within any
     5  facility or institution primarily used for  the  care  or  treatment  of
     6  persons  under  the  age  of  eighteen while one or more of such persons
     7  under the age of eighteen are present; provided, however, that when such
     8  sex offender is a registered student, participant or  employee  of  such
     9  facility, institution or an entity contracting therewith, or has a fami-
    10  ly member enrolled or admitted in such facility or institution, such sex
    11  offender may, if he or she is not under probation or parole supervision,
    12  with  the  written authorization of the superintendent or chief adminis-
    13  trator of such facility, institution or grounds,  enter  such  facility,
    14  institution  or  grounds,  for  the  limited purposes authorized by such
    15  superintendent or chief administrative officer.
    16    § 3. This act shall take effect on the thirtieth day  after  it  shall
    17  have become a law.