Bill Text: NY A10731 | 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 (Democrat 1-0)

Status: (Introduced - Dead) 2018-05-16 - referred to correction [A10731 Detail]

Download: New_York-2017-A10731-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          10731
                   IN ASSEMBLY
                                      May 16, 2018
                                       ___________
        Introduced  by  M. of A. FAHY -- read once and referred to the Committee
          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 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-
    23  ity  or  institution  or  entity  contracting  therewith or has a family
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15933-01-8
        A. 10731                            2
     1  member enrolled in such facility or institution, such sentenced offender
     2  may, with the written authorization of his or her parole officer and the
     3  superintendent or chief administrator of such facility,  institution  or
     4  grounds,  enter  such facility, institution or upon such grounds for the
     5  limited purposes authorized by the parole officer and superintendent  or
     6  chief  officer.    Nothing  in  this  subdivision  shall be construed as
     7  restricting any lawful condition of supervision that may be  imposed  on
     8  such sentenced offender.
     9    §  2.    The executive law is amended by adding a new section 259-f to
    10  read as follows:
    11    § 259-f. Quarterly reports of schools. 1. On  a  quarterly  basis  the
    12  commissioner  shall  obtain  an  updated  list  from the commissioner of
    13  education, of every elementary and secondary school in the state, and of
    14  every child care provider, preschool and any other facility or  institu-
    15  tion where pre-kindergarten or kindergarten instruction is provided.
    16    2. The commissioner shall distribute the information received pursuant
    17  to  subdivision  one of this section to the board and to the director of
    18  probation and correctional alternatives.
    19    3. On or before February first each year, the commissioner shall noti-
    20  fy the governor, the temporary president of the senate, the  speaker  of
    21  the  assembly, the minority leader of the senate and the minority leader
    22  of the assembly, on the compliance with this section.
    23    § 3. Paragraph (a) of subdivision 4-a of section 65.10  of  the  penal
    24  law, as amended by chapter 67 of the laws of 2008, is amended to read as
    25  follows:
    26    (a)  When  imposing  a  sentence of probation or conditional discharge
    27  upon a person convicted of an offense defined  in  article  one  hundred
    28  thirty, two hundred thirty-five or two hundred sixty-three of this chap-
    29  ter, or section 255.25, 255.26 or 255.27 of this chapter, and the victim
    30  of  such  offense  was  under  the  age  of eighteen at the time of such
    31  offense or such person has been designated a level  three  sex  offender
    32  pursuant to subdivision six of section [168-l] one hundred sixty-eight-l
    33  of the correction law, the court shall require, as a mandatory condition
    34  of  such sentence, that such sentenced offender shall refrain from know-
    35  ingly entering into or upon any school grounds, as that term is  defined
    36  in subdivision fourteen of section 220.00 of this chapter, or within one
    37  thousand  feet of a child care provider, a preschool, or any facility or
    38  institution  where  pre-kindergarten  or  kindergarten  instruction   is
    39  provided,  or  any  other facility or institution primarily used for the
    40  care or treatment of persons under the age of eighteen while one or more
    41  of such persons under the age of eighteen are present, provided however,
    42  that when such sentenced offender is a registered student or participant
    43  or an employee of such facility or  institution  or  entity  contracting
    44  therewith  or  has a family member enrolled in such facility or institu-
    45  tion, such sentenced offender may, with the written authorization of his
    46  or her probation officer or the court and the  superintendent  or  chief
    47  administrator  of  such  facility,  institution  or  grounds, enter such
    48  facility, institution or upon such  grounds  for  the  limited  purposes
    49  authorized  by  the probation officer or the court and superintendent or
    50  chief officer.  Nothing  in  this  subdivision  shall  be  construed  as
    51  restricting  any  lawful condition of supervision that may be imposed on
    52  such sentenced offender.
    53    § 4. This act shall take effect immediately, except that sections  one
    54  and  three  of  this  act  shall  take  effect on the first of July next
    55  succeeding the date on which it shall have become a law.