S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1396

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
  tee on Codes

AN ACT to amend the penal law, in relation to  prohibiting  certain  sex
  offenders  from entering a school bus or within one thousand feet of a
  school bus stop

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  4-a  of  section  65.10 of the penal law, as
amended by chapter 67 of the  laws  of  2008,  is  amended  to  read  as
follows:
  4-a.  Mandatory  conditions  for  sex  offenders.  (a) When imposing a
sentence of probation or conditional discharge upon a  person  convicted
of  an  offense defined in article one hundred thirty, two hundred thir-
ty-five or two hundred sixty-three of this chapter, or  section  255.25,
255.26  or  255.27  of  this chapter, and the victim of such offense was
under the age of eighteen at the time of such offense or such person has
been designated a level three sex offender pursuant to  subdivision  six
of  section [168-l] ONE HUNDRED SIXTY-EIGHT-L of the correction law, the
court shall require, as a mandatory condition  of  such  sentence,  that
such  sentenced  offender  shall refrain from knowingly entering into or
upon any school grounds, as that term is defined in subdivision fourteen
of section 220.00 of this chapter, OR ANY  SCHOOL  BUS,  AS  DEFINED  IN
SECTION  ONE HUNDRED FORTY-TWO OF THE VEHICLE AND TRAFFIC LAW, OR WITHIN
ONE THOUSAND FEET OF A DESIGNATED SCHOOL BUS STOP, DEFINED AS A REGULAR-
LY OCCURRING STOP WHERE PASSENGERS ARE DISCHARGED OR TAKEN  ON,  or  any
other  facility  or institution primarily used for the care or treatment
of persons under the age of eighteen while one or more of  such  persons
under  the age of eighteen are present, provided however, that when such
sentenced offender is a registered student or participant or an employee
of such facility or institution or entity contracting therewith or has a

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD02455-01-3

A. 1396                             2

family member enrolled in such facility or institution,  such  sentenced
offender  may,  with  the  written authorization of his or her probation
officer or the court and the superintendent or  chief  administrator  of
such  facility, institution or grounds, enter such facility, institution
or upon  such  grounds  for  the  limited  purposes  authorized  by  the
probation  officer  or  the  court  and superintendent or chief officer.
Nothing in this subdivision shall be construed as restricting any lawful
condition of supervision that may be imposed on such sentenced offender.
  (b) When imposing a sentence of  probation  or  conditional  discharge
upon  a  person  convicted of an offense for which registration as a sex
offender is required pursuant to subdivision two or three of section one
hundred sixty-eight-a of the correction law,  and  the  victim  of  such
offense  was  under  the  age of eighteen at the time of such offense or
such person has been designated a level three sex offender  pursuant  to
subdivision  six  of section one hundred sixty-eight-l of the correction
law or the internet was used to facilitate the commission of the  crime,
the  court shall require, as mandatory conditions of such sentence, that
such sentenced offender be prohibited from using the internet to  access
pornographic  material,  access  a commercial social networking website,
communicate with other individuals or groups for the purpose of  promot-
ing  sexual relations with persons under the age of eighteen, and commu-
nicate with a person under the age of eighteen  when  such  offender  is
over the age of eighteen, provided that the court may permit an offender
to  use the internet to communicate with a person under the age of eigh-
teen when such offender is the parent of a minor child and is not other-
wise prohibited from communicating with  such  child.  Nothing  in  this
subdivision shall be construed as restricting any other lawful condition
of  supervision  that may be imposed on such sentenced offender. As used
in this subdivision, a "commercial social networking website" shall mean
any business, organization or other  entity  operating  a  website  that
permits  persons  under eighteen years of age to be registered users for
the purpose of establishing personal  relationships  with  other  users,
where such persons under eighteen years of age may: (i) create web pages
or  profiles  that  provide  information about themselves where such web
pages or profiles are available to the public or to  other  users;  (ii)
engage  in direct or real time communication with other users, such as a
chat room or instant messenger; and (iii) communicate with persons  over
eighteen  years  of  age;  provided, however, that, for purposes of this
subdivision, a commercial social networking website shall not include  a
website that permits users to engage in such other activities as are not
enumerated herein.
  S 2. This act shall take effect immediately.