S1020-2013 Actions

• Mar 5, 2013: referred to correction
• Mar 5, 2013: DELIVERED TO ASSEMBLY
• Mar 5, 2013: PASSED SENATE
• Feb 28, 2013: ADVANCED TO THIRD READING
• Feb 27, 2013: 2ND REPORT CAL.
• Feb 12, 2013: 1ST REPORT CAL.84
• Jan 9, 2013: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

S1020-2013 Meetings

S1020-2013 Calendars

S1020-2013 Votes

S1020-2013 Memo

BILL NUMBER:S1020

TITLE  OF BILL:  An act to amend the correction law, the penal law and
the  executive  law,  in  relation  to  prohibiting  level  three  sex
offenders from living in college housing

PURPOSE:
This  bill  is intended to protect college students from dangerous sex
offenders who may be residing in college dormitories with them.

SUMMARY OF PROVISIONS:
Section 168-f of the correction Law is amended to prohibit level 3 sex
offenders from residing in  student  housing  on  the  campus  of  any
institution  of  higher education. Section 168-t of the correction Law
is amended to make it a crime for any sex  offender  to  violate  such
prohibition.     Section  65.10  of  the  Penal  law  makes  the  same
prohibition on level 3 sex offenders  as  a  condition  of  probation.
Section  259-c  of  the  Executive  law  is  amended  to make the same
prohibition as a condition of parole for level 3 sex offenders.

JUSTIFICATION:
Students in college housing generally live  in  very  close  quarters,
keep  different  hours and are often living on their own for the first
time in their lives. In many respects,  their  safety  is  compromised
when  they  share  living  space with people they do not know anything
about.

According to the U.S. Department of Education,  in  2004,  there  were
2,673  sex  offenses  and  3,009  assaults  on college campuses. These
numbers include only those cases that  have  been  reported  and  most
likely  comprise  only  a  portion of all sexual assaults on campuses.
Yet they still signify an unacceptable rate  and  require  that  as  a
legislature,  we  need  to  take whatever measures we can to provide a
greater degree of safety for our students.

Recent cases of sex offenders discovered residing on college  campuses
is  enough  reason  for  us  to  add college housing to the places sex
offenders should not be residing.

LEGISLATIVE HISTORY:
2008 Passed Senate
2011 Passed Senate
2012 Passed Senate

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

S1020-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1020
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced  by  Sen.  ROBACH -- 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 correction law, the penal law and the executive law,
 in  relation  to  prohibiting level three sex offenders from living in
 college housing
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  Paragraph  (b-1) of subdivision 2 of section 168-f of the
 correction law, as amended by chapter  532  of  the  laws  of  2011,  is
 amended to read as follows:

 (b-1)  If  the sex offender has been given a level two or three desig
 nation, such offender shall sign the verification form, and  state  that
 he  or  she  still is employed at the address last reported to the divi
 sion.  IF A SEX OFFENDER HAS BEEN GIVEN A LEVEL THREE DESIGNATION,  SUCH
 OFFENDER SHALL NOT RESIDE IN STUDENT HOUSING OF ANY INSTITUTION OF HIGH
 ER EDUCATION.
 

S 2.

Section 168-t of the correction law, as amended by chapter 373 of
 the laws of 2007, is amended to read as follows:

 

S  168-t.  Penalty. Any sex offender required to register or to verify
 pursuant to the provisions of this article  who  fails  to  register  or
 verify  in  the  manner and within the time periods provided for in this
 article shall be guilty of a class E  felony  upon  conviction  for  the
 first  offense,  and  upon conviction for a second or subsequent offense
 shall be guilty of a class D felony. Any sex offender who  violates  the
 provisions  of  section one hundred sixty-eight-v of this article OR THE
 PROVISIONS OF PARAGRAPH (B-1) OF SUBDIVISION TWO OF SECTION ONE  HUNDRED
 SIXTY-EIGHT-F  OF THIS ARTICLE CONCERNING THE PROHIBITION ON RESIDING IN
 STUDENT HOUSING OF ANY INSTITUTION OF HIGHER EDUCATION shall  be  guilty
 of a class A misdemeanor upon conviction for the first offense, and upon
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05490-01-3
 
       S. 1020                             2
 conviction for a second or subsequent offense shall be guilty of a class
 D  felony.  Any such failure to register or verify may also be the basis
 for revocation of parole pursuant to section two hundred fifty-nine-i of
 the  executive  law or the basis for revocation of probation pursuant to
 article four hundred ten of the criminal procedure law.
 

S 3. Paragraph (a) of 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:

 (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 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  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 know
 ingly entering into or upon any school grounds, as that term is  defined
 in  subdivision fourteen of section 220.00 of this chapter, 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
 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. IF A
 SEX OFFENDER HAS BEEN GIVEN A LEVEL  THREE  DESIGNATION,  SUCH  OFFENDER
 SHALL  NOT RESIDE IN STUDENT HOUSING OF ANY INSTITUTION OF HIGHER EDUCA
 TION. Nothing in this subdivision shall be construed as restricting  any
 lawful  condition  of  supervision that may be imposed on such sentenced
 offender.
 

S 4. 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. 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 three sex offen
 der  pursuant to subdivision six of section one hundred sixty-eight-l of
 the correction law, is released  on  parole  or  conditionally  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 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 registered
 student or participant or an employee of such facility or institution or
 entity contracting therewith or has a family  member  enrolled  in  such
 
       S. 1020                             3
 facility  or  institution, such sentenced offender may, with the written
 authorization of his or her parole officer  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 parole officer and superintendent or chief officer. IF
 A SEX OFFENDER HAS BEEN GIVEN A LEVEL THREE DESIGNATION,  SUCH  OFFENDER
 SHALL  NOT RESIDE IN STUDENT HOUSING OF ANY INSTITUTION OF HIGHER EDUCA
 TION. Nothing in this subdivision shall be construed as restricting  any
 lawful  condition  of  supervision that may be imposed on such sentenced
 offender.
 

S 5. This act shall take effect immediately.

*By contributing or voting you agree to the Terms of Participation and Privacy Policy and verify you are over 13.

Discuss!