Bill Text: NY S01009 | 2017-2018 | General Assembly | Introduced
Bill Title: Prohibits level three sex offenders from living in college housing.
Sponsorship: Partisan Bill (Republican 2)
Status: (Engrossed - Dead) 2018-05-08 - referred to correction [S01009 Detail]
Download: New_York-2017-S01009-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1009 2017-2018 Regular Sessions IN SENATE January 6, 2017 ___________ Introduced by Sen. ROBACH -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction AN ACT to amend the correction law, the penal law and the executive law, in relation to prohibiting level three sex offenders from living in college housing The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (b-1) of subdivision 2 of section 168-f of the 2 correction law, as amended by chapter 532 of the laws of 2011, is 3 amended to read as follows: 4 (b-1) If the sex offender has been given a level two or three desig- 5 nation, such offender shall sign the verification form, and state that 6 he or she still is employed at the address last reported to the divi- 7 sion. If a sex offender has been given a level three designation, such 8 offender shall not reside in student housing of any institution of high- 9 er education. 10 § 2. Section 168-t of the correction law, as amended by chapter 373 of 11 the laws of 2007, is amended to read as follows: 12 § 168-t. Penalty. Any sex offender required to register or to verify 13 pursuant to the provisions of this article who fails to register or 14 verify in the manner and within the time periods provided for in this 15 article shall be guilty of a class E felony upon conviction for the 16 first offense, and upon conviction for a second or subsequent offense 17 shall be guilty of a class D felony. Any sex offender who violates the 18 provisions of section one hundred sixty-eight-v of this article or the 19 provisions of paragraph (b-1) of subdivision two of section one hundred 20 sixty-eight-f of this article concerning the prohibition on residing in 21 student housing of any institution of higher education shall be guilty 22 of a class A misdemeanor upon conviction for the first offense, and upon 23 conviction for a second or subsequent offense shall be guilty of a class EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02875-01-7S. 1009 2 1 D felony. Any such failure to register or verify may also be the basis 2 for revocation of parole pursuant to section two hundred fifty-nine-i of 3 the executive law or the basis for revocation of probation pursuant to 4 article four hundred ten of the criminal procedure law. 5 § 3. Paragraph (a) of subdivision 4-a of section 65.10 of the penal 6 law, as amended by chapter 67 of the laws of 2008, is amended to read as 7 follows: 8 (a) When imposing a sentence of probation or conditional discharge 9 upon a person convicted of an offense defined in article one hundred 10 thirty, two hundred thirty-five or two hundred sixty-three of this chap- 11 ter, or section 255.25, 255.26 or 255.27 of this chapter, and the victim 12 of such offense was under the age of eighteen at the time of such 13 offense or such person has been designated a level three sex offender 14 pursuant to subdivision six of section [168-l] one hundred sixty-eight-l 15 of the correction law, the court shall require, as a mandatory condition 16 of such sentence, that such sentenced offender shall refrain from know- 17 ingly entering into or upon any school grounds, as that term is defined 18 in subdivision fourteen of section 220.00 of this chapter, or any other 19 facility or institution primarily used for the care or treatment of 20 persons under the age of eighteen while one or more of such persons 21 under the age of eighteen are present, provided however, that when such 22 sentenced offender is a registered student or participant or an employee 23 of such facility or institution or entity contracting therewith or has a 24 family member enrolled in such facility or institution, such sentenced 25 offender may, with the written authorization of his or her probation 26 officer or the court and the superintendent or chief administrator of 27 such facility, institution or grounds, enter such facility, institution 28 or upon such grounds for the limited purposes authorized by the 29 probation officer or the court and superintendent or chief officer. If a 30 sex offender has been given a level three designation, such offender 31 shall not reside in student housing of any institution of higher educa- 32 tion. Nothing in this subdivision shall be construed as restricting any 33 lawful condition of supervision that may be imposed on such sentenced 34 offender. 35 § 4. Subdivision 14 of section 259-c of the executive law, as amended 36 by section 38-b of subpart A of part C of chapter 62 of the laws of 37 2011, is amended to read as follows: 38 14. notwithstanding any other provision of law to the contrary, where 39 a person serving a sentence for an offense defined in article one 40 hundred thirty, one hundred thirty-five or two hundred sixty-three of 41 the penal law or section 255.25, 255.26 or 255.27 of the penal law and 42 the victim of such offense was under the age of eighteen at the time of 43 such offense or such person has been designated a level three sex offen- 44 der pursuant to subdivision six of section one hundred sixty-eight-l of 45 the correction law, is released on parole or conditionally released 46 pursuant to subdivision one or two of this section, the board shall 47 require, as a mandatory condition of such release, that such sentenced 48 offender shall refrain from knowingly entering into or upon any school 49 grounds, as that term is defined in subdivision fourteen of section 50 220.00 of the penal law, or any other facility or institution primarily 51 used for the care or treatment of persons under the age of eighteen 52 while one or more of such persons under the age of eighteen are present, 53 provided however, that when such sentenced offender is a registered 54 student or participant or an employee of such facility or institution or 55 entity contracting therewith or has a family member enrolled in such 56 facility or institution, such sentenced offender may, with the writtenS. 1009 3 1 authorization of his or her parole officer and the superintendent or 2 chief administrator of such facility, institution or grounds, enter such 3 facility, institution or upon such grounds for the limited purposes 4 authorized by the parole officer and superintendent or chief officer. If 5 a sex offender has been given a level three designation, such offender 6 shall not reside in student housing of any institution of higher educa- 7 tion. Nothing in this subdivision shall be construed as restricting any 8 lawful condition of supervision that may be imposed on such sentenced 9 offender. 10 § 5. This act shall take effect immediately.
