STATE OF NEW YORK
________________________________________________________________________
1172
2019-2020 Regular Sessions
IN SENATE
January 11, 2019
___________
Introduced by Sens. AMEDORE, FUNKE, ROBACH, SEWARD -- 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 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-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01604-01-9
S. 1172 2
1 ity or institution or entity contracting therewith or has a family
2 member enrolled in such facility or institution, such sentenced offender
3 may, with the written authorization of his or her parole officer and the
4 superintendent or chief administrator of such facility, institution or
5 grounds, enter such facility, institution or upon such grounds for the
6 limited purposes authorized by the parole officer and superintendent or
7 chief officer. Nothing in this subdivision shall be construed as
8 restricting any lawful condition of supervision that may be imposed on
9 such sentenced offender.
10 § 2. The executive law is amended by adding a new section 259-f to
11 read as follows:
12 § 259-f. Quarterly reports of schools. 1. On a quarterly basis the
13 commissioner shall obtain an updated list from the commissioner of
14 education, of every elementary and secondary school in the state, and of
15 every child care provider, preschool and any other facility or institu-
16 tion where pre-kindergarten or kindergarten instruction is provided.
17 2. The commissioner shall distribute the information received pursuant
18 to subdivision one of this section to the board and to the director of
19 probation and correctional alternatives.
20 3. On or before February first each year, the commissioner shall noti-
21 fy the governor, the temporary president of the senate, the speaker of
22 the assembly, the minority leader of the senate and the minority leader
23 of the assembly, on the compliance with this section.
24 § 3. Paragraph (a) of subdivision 4-a of section 65.10 of the penal
25 law, as amended by chapter 67 of the laws of 2008, is amended to read as
26 follows:
27 (a) When imposing a sentence of probation or conditional discharge
28 upon a person convicted of an offense defined in article one hundred
29 thirty, two hundred thirty-five or two hundred sixty-three of this chap-
30 ter, or section 255.25, 255.26 or 255.27 of this chapter, and the victim
31 of such offense was under the age of eighteen at the time of such
32 offense or such person has been designated a level three sex offender
33 pursuant to subdivision six of section [168-l] one hundred sixty-eight-l
34 of the correction law, the court shall require, as a mandatory condition
35 of such sentence, that such sentenced offender shall refrain from know-
36 ingly entering into or upon any school grounds, as that term is defined
37 in subdivision fourteen of section 220.00 of this chapter, or within one
38 thousand feet of a child care provider, a preschool, or any facility or
39 institution where pre-kindergarten or kindergarten instruction is
40 provided, or any other facility or institution primarily used for the
41 care or treatment of persons under the age of eighteen while one or more
42 of such persons under the age of eighteen are present, provided however,
43 that when such sentenced offender is a registered student or participant
44 or an employee of such facility or institution or entity contracting
45 therewith or has a family member enrolled in such facility or institu-
46 tion, such sentenced offender may, with the written authorization of his
47 or her probation officer or the court and the superintendent or chief
48 administrator of such facility, institution or grounds, enter such
49 facility, institution or upon such grounds for the limited purposes
50 authorized by the probation officer or the court and superintendent or
51 chief officer. Nothing in this subdivision shall be construed as
52 restricting any lawful condition of supervision that may be imposed on
53 such sentenced offender.
54 § 4. This act shall take effect immediately, except that sections one
55 and three of this act shall take effect on the first of July next
56 succeeding the date on which it shall have become a law.