Bill Text: NY S00507 | 2009-2010 | General Assembly | Introduced
Bill Title: Prohibits certain sex offenders from entering upon school grounds for the remainder of his or her natural life without a legitimate purpose as determined by the office of sex offender management.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2011-01-05 - REFERRED TO CODES [S00507 Detail]
Download: New_York-2009-S00507-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
507
2011-2012 Regular Sessions
I N S E N A T E
(PREFILED)
January 5, 2011
___________
Introduced by Sens. MAZIARZ, GOLDEN, RANZENHOFER -- read twice and
ordered printed, and when printed to be committed to the Committee on
Codes
AN ACT to amend the penal law and the executive law, in relation to
prohibiting certain sex offenders from entering in or upon school
grounds without a legitimate purpose
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraph (a) of subdivision 4-a of section 65.10 of the
2 penal law, as amended by chapter 67 of the laws of 2008, is amended to
3 read as follows:
4 (a) When imposing a sentence of probation or conditional discharge
5 upon a person convicted of an offense defined in article one hundred
6 thirty, two hundred thirty-five or two hundred sixty-three of this chap-
7 ter, or section 255.25, 255.26 or 255.27 of this chapter, and the victim
8 of such offense was under the age of eighteen at the time of such
9 offense or such person has been designated a level TWO OR three sex
10 offender pursuant to subdivision six of section [168-l] ONE HUNDRED
11 SIXTY-EIGHT-L of the correction law, the court shall require, as a
12 mandatory condition of such sentence, that such sentenced offender shall
13 refrain, FOR THE REMAINDER OF HIS OR HER NATURAL LIFE, from knowingly
14 entering into or upon any school grounds, as that term is defined in
15 subdivision fourteen of section 220.00 of this chapter, or any other
16 facility or institution primarily used for the care or treatment of
17 persons under the age of eighteen while one or more of such persons
18 under the age of eighteen are present WITHOUT A LEGITIMATE PURPOSE AS
19 DETERMINED BY THE OFFICE OF SEX OFFENDER MANAGEMENT, provided however,
20 that when such sentenced offender is a registered student or participant
21 or an employee of such facility or institution or entity contracting
22 therewith or has a family member enrolled in such facility or institu-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01184-01-1
S. 507 2
1 tion, such sentenced offender may, with the written authorization of his
2 or her probation officer or the court and the superintendent or chief
3 administrator of such facility, institution or grounds, enter such
4 facility, institution or upon such grounds for the limited purposes
5 authorized by the probation officer or the court 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 S 2. Subdivision 14 of section 259-c of the executive law, as amended
10 by chapter 320 of the laws of 2006, is amended to read as follows:
11 14. notwithstanding any other provision of law to the contrary, where
12 a person serving a sentence for an offense defined in article one
13 hundred thirty, one hundred thirty-five or two hundred sixty-three of
14 the penal law or section 255.25, 255.26 or 255.27 of the penal law and
15 the victim of such offense was under the age of eighteen at the time of
16 such offense or such person has been designated a level TWO OR three sex
17 offender pursuant to subdivision six of section one hundred
18 sixty-eight-l of the correction law, is released on parole or condi-
19 tionally released pursuant to subdivision one or two of this section,
20 the board shall require, as a mandatory condition of such release, that
21 such sentenced offender shall refrain, FOR THE REMAINDER OF HIS OR HER
22 NATURAL LIFE, from knowingly entering into or upon any school grounds,
23 as that term is defined in subdivision fourteen of section 220.00 of the
24 penal law, or any other facility or institution primarily used for the
25 care or treatment of persons under the age of eighteen while one or more
26 of such persons under the age of eighteen are present WITHOUT A LEGITI-
27 MATE PURPOSE AS DETERMINED BY THE OFFICE OF SEX OFFENDER MANAGEMENT,
28 provided however, that when such sentenced offender is a registered
29 student or participant or an employee of such facility or institution or
30 entity contracting therewith or has a family member enrolled in such
31 facility or institution, such sentenced offender may, with the written
32 authorization of his or her parole officer and the superintendent or
33 chief administrator of such facility, institution or grounds, enter such
34 facility, institution or upon such grounds for the limited purposes
35 authorized by the parole officer and superintendent or chief officer.
36 Nothing in this subdivision shall be construed as restricting any lawful
37 condition of supervision that may be imposed on such sentenced offender.
38 S 3. This act shall take effect on the sixtieth day after it shall
39 have become a law.
