Bill Text: NY S05580 | 2023-2024 | General Assembly | Introduced

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Bill Title: Prohibits a sex offender whose victim was a child and level 3 sex offenders from knowingly being within 1,000 feet of a facility where pre-kindergarten or kindergarten instruction is provided.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2024-01-03 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S05580 Detail]

Download: New_York-2023-S05580-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5580

                               2023-2024 Regular Sessions

                    IN SENATE

                                      March 8, 2023
                                       ___________

        Introduced  by Sen. SCARCELLA-SPANTON -- 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 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 any facility  or
    17  institution   where  pre-kindergarten  or  kindergarten  instruction  is
    18  provided, or any other facility or institution primarily  used  for  the
    19  care or treatment of persons under the age of eighteen while one or more
    20  of such persons under the age of eighteen are present, provided however,
    21  that when such sentenced offender is a registered student or participant
    22  or  an  employee  of  such facility or institution or entity contracting

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08586-01-3
        S. 5580                             2

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