S T A T E O F N E W Y O R K
________________________________________________________________________
6683
I N S E N A T E
March 9, 2012
___________
Introduced by Sen. BALL -- 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 sex offenders from being upon the premises of any home or
facility where child day care is provided
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 three sex offender
10 pursuant to subdivision six of section 168-l of the correction law, the
11 court shall require, as a mandatory condition of such sentence, that
12 such sentenced offender shall refrain from knowingly entering into or
13 upon any school grounds, as that term is defined in subdivision fourteen
14 of section 220.00 of this chapter, or INTO, UPON OR WITHIN ONE THOUSAND
15 FEET OF any other facility or institution primarily used for the care or
16 treatment of persons under the age of eighteen, WHICH SHALL INCLUDE BUT
17 NOT BE LIMITED TO ANY HOME OR FACILITY WHERE CHILD DAY CARE, AS SUCH
18 TERM IS DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION THREE
19 HUNDRED NINETY OF THE SOCIAL SERVICES LAW, IS PROVIDED, while one or
20 more of such persons under the age of eighteen are present, provided
21 however, that when such sentenced offender is a registered student or
22 participant or an employee of such facility or institution or entity
23 contracting therewith or has a family member enrolled in such facility
24 or institution, such sentenced offender may, with the written authori-
25 zation of his or her probation officer or the court and the superinten-
26 dent or chief administrator of such facility, institution or grounds,
27 enter such facility, institution or upon such grounds for the limited
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14932-02-2
S. 6683 2
1 purposes authorized by the probation officer or the court and super-
2 intendent or chief officer. Nothing in this subdivision shall be
3 construed as restricting any lawful condition of supervision that may be
4 imposed on such sentenced offender.
5 S 2. Subdivision 14 of section 259-c of the executive law, as amended
6 by section 38-b of subpart A of part C of chapter 62 of the laws of
7 2011, is amended to read as follows:
8 14. notwithstanding any other provision of law to the contrary, where
9 a person serving a sentence for an offense defined in article one
10 hundred thirty, one hundred thirty-five or two hundred sixty-three of
11 the penal law or section 255.25, 255.26 or 255.27 of the penal law and
12 the victim of such offense was under the age of eighteen at the time of
13 such offense or such person has been designated a level three sex offen-
14 der pursuant to subdivision six of section one hundred sixty-eight-l of
15 the correction law, is released on parole or conditionally released
16 pursuant to subdivision one or two of this section, the board shall
17 require, as a mandatory condition of such release, that such sentenced
18 offender shall refrain from knowingly entering into or upon any school
19 grounds, as that term is defined in subdivision fourteen of section
20 220.00 of the penal law, or INTO, UPON OR WITHIN ONE THOUSAND FEET OF
21 any other facility or institution primarily used for the care or treat-
22 ment of persons under the age of eighteen, WHICH SHALL INCLUDE BUT NOT
23 BE LIMITED TO ANY HOME OR FACILITY WHERE CHILD DAY CARE, AS SUCH TERM IS
24 DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION THREE HUNDRED
25 NINETY OF THE SOCIAL SERVICES LAW, IS PROVIDED, while one or more of
26 such persons under the age of eighteen are present, provided however,
27 that when such sentenced offender is a registered student or participant
28 or an employee of such facility or institution or entity contracting
29 therewith or has a family member enrolled in such facility or institu-
30 tion, such sentenced offender may, with the written authorization of his
31 or her parole officer and the superintendent or chief administrator of
32 such facility, institution or grounds, enter such facility, institution
33 or upon such grounds for the limited purposes authorized by the parole
34 officer and superintendent or chief officer. Nothing in this subdivi-
35 sion shall be construed as restricting any lawful condition of super-
36 vision that may be imposed on such sentenced offender.
37 S 3. This act shall take effect immediately.