Bill Text: NY A10815 | 2011-2012 | General Assembly | Introduced
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: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-10-25 - referred to correction [A10815 Detail]
Download: New_York-2011-A10815-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 10815 I N A S S E M B L Y October 25, 2012 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Weprin) -- read once and referred to the Committee on Correction AN ACT to amend the correction law and the penal law, in relation to prohibiting 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) SHALL REFRAIN 7 FROM ENTERING INTO OR UPON ANY AREA OR ROOM IN A PUBLIC, ASSOCIATION OR 8 FREE LIBRARY DESIGNATED AS A CHILDREN'S SECTION OR DESIGNED PRIMARILY TO 9 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 of the correction law, the 20 court shall require, as a mandatory condition of such sentence, that 21 such sentenced offender shall refrain from knowingly entering into or 22 upon any school grounds, as that term is defined in subdivision fourteen 23 of section 220.00 of this chapter, OR ANY AREA OR ROOM OF A PUBLIC, 24 ASSOCIATION OR FREE LIBRARY DESIGNATED AS A CHILDREN'S SECTION OR 25 DESIGNED PRIMARILY TO SERVE A POPULATION UNDER THE AGE OF EIGHTEEN, or 26 any other facility or institution primarily used for the care or treat- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD16401-02-2 A. 10815 2 1 ment of persons under the age of eighteen while one or more of such 2 persons under the age of eighteen are present, provided however, that 3 when such sentenced offender is a registered student or participant or 4 an employee of such facility or institution or entity contracting there- 5 with or has a family member enrolled in such facility or institution, 6 such sentenced offender may, with the written authorization of his or 7 her probation officer or the court and the superintendent or chief 8 administrator of such facility, institution or grounds, enter such 9 facility, institution or upon such grounds for the limited purposes 10 authorized by the probation officer or the court and superintendent or 11 chief officer. Nothing in this subdivision shall be construed as 12 restricting any lawful condition of supervision that may be imposed on 13 such sentenced offender. 14 S 3. This act shall take effect immediately.