Bill Text: NY S03714 | 2025-2026 | General Assembly | Introduced
Bill Title: Provides that certain sex offenders who are released on parole may not enter public, association or free libraries.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced) 2025-01-29 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S03714 Detail]
Download: New_York-2025-S03714-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3714 2025-2026 Regular Sessions IN SENATE January 29, 2025 ___________ Introduced by Sens. LANZA, MATTERA -- 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 preventing certain sex offenders who are released on parole or sentenced to probation from entering public, association or free libraries 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 any public library, association library or 17 free library, as defined in subdivision two of section two hundred 18 fifty-three of the education law, or any other facility or institution 19 primarily used for the care or treatment of persons under the age of 20 eighteen while one or more of such persons under the age of eighteen are 21 present, provided however, that when such sentenced offender is a regis- 22 tered student or participant or an employee of such facility or institu- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05546-01-5S. 3714 2 1 tion or entity contracting therewith or has a family member enrolled in 2 such facility or institution, such sentenced offender may, with the 3 written authorization of [his or her] their 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. Subdivision 4-a of section 65.10 of the penal law, as amended by 11 chapter 67 of the laws of 2008, is amended to read as follows: 12 4-a. Mandatory conditions for sex offenders. (a) When imposing a 13 sentence of probation or conditional discharge upon a person convicted 14 of an offense defined in article one hundred thirty, two hundred thir- 15 ty-five or two hundred sixty-three of this chapter, or section 255.25, 16 255.26 or 255.27 of this chapter, and the victim of such offense was 17 under the age of eighteen at the time of such offense or such person has 18 been designated a level three sex offender pursuant to subdivision six 19 of section [168-l] one hundred sixty-eight-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 public library, association 24 library or free library, as defined in subdivision two of section two 25 hundred fifty-three of the education law, or any other facility or 26 institution primarily used for the care or treatment of persons under 27 the age of eighteen while one or more of such persons under the age of 28 eighteen are present, provided however, that when such sentenced offen- 29 der is a registered student or participant or an employee of such facil- 30 ity or institution or entity contracting therewith or has a family 31 member enrolled in such facility or institution, such sentenced offender 32 may, with the written authorization of [his or her] their probation 33 officer or the court and the superintendent or chief administrator of 34 such facility, institution or grounds, enter such facility, institution 35 or upon such grounds for the limited purposes authorized by the 36 probation officer or the court and superintendent or chief officer. 37 Nothing in this subdivision shall be construed as restricting any lawful 38 condition of supervision that may be imposed on such sentenced offender. 39 (b) When imposing a sentence of probation or conditional discharge 40 upon a person convicted of an offense for which registration as a sex 41 offender is required pursuant to subdivision two or three of section one 42 hundred sixty-eight-a of the correction law, and the victim of such 43 offense was under the age of eighteen at the time of such offense or 44 such person has been designated a level three sex offender pursuant to 45 subdivision six of section one hundred sixty-eight-l of the correction 46 law or the internet was used to facilitate the commission of the crime, 47 the court shall require, as mandatory conditions of such sentence, that 48 such sentenced offender be prohibited from using the internet to access 49 pornographic material, access a commercial social networking website, 50 communicate with other individuals or groups for the purpose of promot- 51 ing sexual relations with persons under the age of eighteen, and commu- 52 nicate with a person under the age of eighteen when such offender is 53 over the age of eighteen, provided that the court may permit an offender 54 to use the internet to communicate with a person under the age of eigh- 55 teen when such offender is the parent of a minor child and is not other- 56 wise prohibited from communicating with such child. Nothing in thisS. 3714 3 1 subdivision shall be construed as restricting any other lawful condition 2 of supervision that may be imposed on such sentenced offender. As used 3 in this subdivision, a "commercial social networking website" shall mean 4 any business, organization or other entity operating a website that 5 permits persons under eighteen years of age to be registered users for 6 the purpose of establishing personal relationships with other users, 7 where such persons under eighteen years of age may: (i) create web pages 8 or profiles that provide information about themselves where such web 9 pages or profiles are available to the public or to other users; (ii) 10 engage in direct or real time communication with other users, such as a 11 chat room or instant messenger; and (iii) communicate with persons over 12 eighteen years of age; provided, however, that, for purposes of this 13 subdivision, a commercial social networking website shall not include a 14 website that permits users to engage in such other activities as are not 15 enumerated herein. 16 § 3. This act shall take effect immediately.
