S T A T E   O F   N E W   Y O R K
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                                  8797

                          I N  A S S E M B L Y

                            February 14, 2014
                               ___________

Introduced  by  M.  of  A.  GOLDFEDER  --  read once and referred to the
  Committee on Codes

AN ACT to amend the penal law and the executive law, in relation to  the
  location of registered sex offenders

  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  is
amended by adding a new paragraph (c) to read as follows:
  (C)  WHEN  IMPOSING  A  SENTENCE OF PROBATION OR CONDITIONAL DISCHARGE
UPON A PERSON CONVICTED OF AN OFFENSE DEFINED  IN  ARTICLE  ONE  HUNDRED
THIRTY, TWO HUNDRED THIRTY-FIVE OR TWO HUNDRED SIXTY-THREE OF THIS CHAP-
TER, 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 TWO  OR  LEVEL  THREE
SEX  OFFENDER  PURSUANT  TO  SUBDIVISION  SIX  OF  SECTION  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  RESIDING  WITHIN  FIVE  HUNDRED FEET OF THE REAL PROPERTY
BOUNDARY LINE COMPRISING ANY PARK THAT CONTAINS A PLAYGROUND, OR  ENTER-
ING  UPON  SUCH PARKLAND. NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED
AS RESTRICTING ANY LAWFUL CONDITION OF SUPERVISION THAT MAY  BE  IMPOSED
ON SUCH SENTENCED OFFENDER.
  S  2. Subdivision 14 of section 259-c of the executive law, as amended
by section 38-b of subpart A of part C of chapter  62  of  the  laws  of
2011, is amended to read as follows:
  14.  (A)  notwithstanding  any other provision of law to the contrary,
where a person serving a sentence for an offense defined in article  one
hundred  thirty,  one  hundred thirty-five or two hundred sixty-three of
the penal law or section 255.25, 255.26 or 255.27 of the penal  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  TWO  OR  LEVEL
three  sex  offender  pursuant to subdivision six of section one hundred
sixty-eight-l of the correction law, is released  on  parole  or  condi-
tionally  released  pursuant  to subdivision one or two of this section,

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

                                                           LBD13866-02-4

A. 8797                             2

the board shall require, as a mandatory condition of such release,  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 the penal law, 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 regis-
tered student or participant or an employee of such facility or institu-
tion or entity contracting therewith or has a family member enrolled  in
such  facility  or  institution,  such  sentenced offender may, with the
written authorization of his or her parole officer and  the  superinten-
dent  or  chief  administrator of such facility, institution or grounds,
enter such facility, institution or upon such grounds  for  the  limited
purposes  authorized  by  the parole officer 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) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,  WHERE
A  PERSON  SERVING  A  SENTENCE  FOR  AN  OFFENCE DEFINED IN ARTICLE ONE
HUNDRED THIRTY, ONE HUNDRED THIRTY-FIVE OR TWO  HUNDRED  SIXTY-THREE  OF
THE  PENAL  LAW OR SECTION 255.25, 255.26 OR 255.27 OF THE PENAL 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 TWO OR LEVEL
THREE SEX OFFENDER PURSUANT TO SUBDIVISION SIX OF  SECTION  ONE  HUNDRED
SIXTY-EIGHT-L  OF  THE  CORRECTION  LAW, IS RELEASED ON PAROLE OR CONDI-
TIONALLY RELEASED PURSUANT TO SUBDIVISION ONE OR TWO  OF  THIS  SECTION,
THE  BOARD SHALL REQUIRE, AS A MANDATORY CONDITION OF SUCH RELEASE, THAT
SUCH SENTENCED OFFENDER SHALL REFRAIN FROM RESIDING WITHIN FIVE  HUNDRED
FEET  OF  THE  REAL  PROPERTY  BOUNDARY  LINE  COMPRISING  ANY PARK THAT
CONTAINS A PLAYGROUND, OR ENTERING UPON SUCH PARKLAND. NOTHING  IN  THIS
SUBDIVISION  SHALL  BE  CONSTRUED AS RESTRICTING ANY LAWFUL CONDITION OF
SUPERVISION THAT MAY BE IMPOSED ON SUCH SENTENCED OFFENDER.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.