Bill Text: NY S06611 | 2013-2014 | General Assembly | Introduced
Bill Title: Places certain restrictions on internet use by individuals who are convicted of promoting prostitution or sex trafficking where the internet was used to facilitate the commission of such crime; imposes mandatory conditions that the defendant be prohibited from using the internet to access a commercial social networking website, access an online community, and communicate on the web with other individuals or groups for the purpose of promoting prostitution or sex trafficking; provides that the court may place other reasonable limitations on a person's use of the internet where the court deems necessary or appropriate.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-02-12 - REFERRED TO CODES [S06611 Detail]
Download: New_York-2013-S06611-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
6611
I N S E N A T E
February 12, 2014
___________
Introduced by Sen. GOLDEN -- 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
restricting internet use by individuals who are convicted of promoting
prostitution, compelling prostitution or sex trafficking where the
internet was used to facilitate the commission of such crime
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 65.10 of the penal law is amended by adding a new
2 subdivision 6 to read as follows:
3 6. CONDITIONS RELATING TO CONVICTIONS FOR PROMOTING PROSTITUTION,
4 COMPELLING PROSTITUTION OR SEX TRAFFICKING. (A) WHEN IMPOSING A SENTENCE
5 OF PROBATION OR CONDITIONAL DISCHARGE UPON A PERSON CONVICTED OF SECTION
6 230.20, 230.25, 230.30, 230.32, 230.33 OR 230.34 OF THIS CHAPTER AND THE
7 INTERNET WAS USED TO FACILITATE THE COMMISSION OF THE CRIME, THE COURT
8 SHALL REQUIRE, AS MANDATORY CONDITIONS OF SUCH SENTENCE, THAT THE
9 DEFENDANT BE PROHIBITED FROM USING THE INTERNET TO ACCESS A COMMERCIAL
10 SOCIAL NETWORKING WEBSITE, ACCESS AN ONLINE COMMUNITY, AND COMMUNICATE
11 ON THE WEB WITH OTHER INDIVIDUALS OR GROUPS FOR THE PURPOSE OF PROMOTING
12 PROSTITUTION, COMPELLING PROSTITUTION OR SEX TRAFFICKING. NOTHING IN
13 THIS SUBDIVISION SHALL BE CONSTRUED AS RESTRICTING ANY OTHER LAWFUL
14 CONDITION OF SUPERVISION THAT MAY BE IMPOSED ON SUCH DEFENDANT.
15 (B) IN ADDITION TO ANY CONDITIONS REQUIRED UNDER PARAGRAPH (A) OF THIS
16 SUBDIVISION OR ANY OTHER LAWFUL CONDITION OF SUPERVISION THAT MAY BE
17 IMPOSED ON THE DEFENDANT, THE COURT MAY REQUIRE THAT THE DEFENDANT
18 COMPLY WITH A REASONABLE LIMITATION ON HIS OR HER USE OF THE INTERNET
19 THAT THE COURT DETERMINES TO BE NECESSARY OR APPROPRIATE TO AMELIORATE
20 THE CONDUCT WHICH GAVE RISE TO THE OFFENSE OR TO PROTECT PUBLIC SAFETY,
21 PROVIDED THAT THE COURT SHALL NOT PROHIBIT SUCH DEFENDANT FROM USING THE
22 INTERNET IN CONNECTION WITH EDUCATION, LAWFUL EMPLOYMENT OR SEARCH FOR
23 LAWFUL EMPLOYMENT.
24 (C) AS USED IN THIS SUBDIVISION:
25 (I) "COMMERCIAL SOCIAL NETWORKING WEBSITE" SHALL MEAN ANY BUSINESS,
26 ORGANIZATION OR OTHER ENTITY OPERATING A WEBSITE THAT PERMITS PERSONS TO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03554-01-3
S. 6611 2
1 BE REGISTERED USERS FOR THE PURPOSE OF ESTABLISHING PERSONAL RELATION-
2 SHIPS WITH OTHER USERS, WHERE SUCH PERSONS MAY: (1) CREATE WEB PAGES OR
3 PROFILES THAT PROVIDE INFORMATION ABOUT THEMSELVES WHERE SUCH WEB PAGES
4 OR PROFILES ARE AVAILABLE TO THE PUBLIC OR TO OTHER USERS; (2) ENGAGE IN
5 DIRECT OR REAL TIME COMMUNICATION WITH OTHER USERS, SUCH AS CHAT ROOM OR
6 INSTANT MESSENGER; AND (3) COMMUNICATE WITH THE PUBLIC OR OTHER USERS.
7 (II) "ONLINE COMMUNITY" SHALL MEAN AN INFORMATION SYSTEM WHERE CONTENT
8 MAY BE POSTED AND MAY OR MAY NOT RESTRICT TO PARTICULAR USERS. THIS
9 SHALL INCLUDE BUT NOT BE LIMITED TO BLOGS, INTERNET CLASSIFIED SITES,
10 AND WEB BULLETIN-BOARDS.
11 S 2. Subdivisions 16 and 17 of section 259-c of the executive law are
12 renumbered subdivisions 17 and 18 and a new subdivision 16 is added to
13 read as follows:
14 16. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHERE A PERSON IS
15 SERVING A SENTENCE FOR A VIOLATION OF SECTION 230.20, 230.25, 230.30,
16 230.32, 230.33 OR 230.34 OF THE PENAL LAW AND THE INTERNET WAS USED TO
17 FACILITATE THE COMMISSION OF THE CRIME, IF SUCH PERSON IS RELEASED ON
18 PAROLE OR CONDITIONALLY RELEASED PURSUANT TO SUBDIVISION ONE OR TWO OF
19 THIS SECTION, THE BOARD SHALL REQUIRE, AS MANDATORY CONDITIONS OF SUCH
20 RELEASE, THAT THE DEFENDANT BE PROHIBITED FROM USING THE INTERNET TO
21 ACCESS A COMMERCIAL SOCIAL NETWORKING WEBSITE, ACCESS AN ONLINE COMMUNI-
22 TY, AND COMMUNICATE ON THE WEB WITH OTHER INDIVIDUALS OR GROUPS FOR THE
23 PURPOSE OF PROMOTING PROSTITUTION, COMPELLING PROSTITUTION OR SEX TRAF-
24 FICKING. NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED AS RESTRICTING
25 ANY OTHER LAWFUL CONDITION OF SUPERVISION THAT MAY BE IMPOSED ON SUCH
26 DEFENDANT.
27 (B) AS USED IN THIS SUBDIVISION:
28 (I) "COMMERCIAL SOCIAL NETWORKING WEBSITE" SHALL MEAN ANY BUSINESS,
29 ORGANIZATION OR OTHER ENTITY OPERATING A WEBSITE THAT PERMITS PERSONS TO
30 BE REGISTERED USERS FOR THE PURPOSE OF ESTABLISHING PERSONAL RELATION-
31 SHIPS WITH OTHER USERS, WHERE SUCH PERSONS MAY: (1) CREATE WEB PAGES OR
32 PROFILES THAT PROVIDE INFORMATION ABOUT THEMSELVES WHERE SUCH WEB PAGES
33 OR PROFILES ARE AVAILABLE TO THE PUBLIC OR TO OTHER USERS; (2) ENGAGE IN
34 DIRECT OR REAL TIME COMMUNICATION WITH OTHER USERS, SUCH AS CHAT ROOM OR
35 INSTANT MESSENGER; AND (3) COMMUNICATE WITH THE PUBLIC OR OTHER USERS.
36 (II) "ONLINE COMMUNITY" SHALL MEAN AN INFORMATION SYSTEM WHERE CONTENT
37 MAY BE POSTED AND MAY OR MAY NOT RESTRICT TO PARTICULAR USERS. THIS
38 SHALL INCLUDE BUT NOT BE LIMITED TO BLOGS, INTERNET CLASSIFIED SITES,
39 AND WEB BULLETIN-BOARDS.
40 S 3. This act shall take effect on the one hundred eightieth day after
41 it shall have become a law.
