Bill S1799-2011

Prohibits sex offenders from residing within a child day care center

Prohibits sex offenders from residing within a child day care center; violation of such prohibition shall be a class E felony upon the first conviction thereof and a class D felony upon a second or subsequent conviction.

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  • Jan 4, 2012: REFERRED TO CODES
  • Jan 12, 2011: REFERRED TO CODES

Memo

BILL NUMBER:S1799

TITLE OF BILL: An act to amend the penal law and the correction law, in relation to prohibiting sex offenders from residing within child day care centers

PURPOSE: This bill would prohibit sex offenders from residing within a building used as a child day care center.

SUMMARY OF PROVISIONS: Section 1 of the bill adds a new subdivision 21 to the Penal Law that defines a "child day care center" and its boundaries.

Section 2 of the bill amends subdivision 4-a of section 65.10 of the Penal Law to require a sentence of probation or conditional discharge upon a registered sex offender that such offender shall be prohibited from residing within a child day care center.

Section 3 of the bill adds a new subdivision 19 to section 168-a of the Correction Law to define "child day care center" and its boundaries.

Section 4 of the bill amends section 168-t of the Correction Law so that any registered sex offender who resides in a child day care center shall be guilty of a class E felony.

Section 5 of the bill creates a new section 168-w to the Correction Law which prohibits any sex offender required to register from residing within any child day care center.

Section 6 of the bill is the effective date.

JUSTIFICATION: There was a recent case on Long Is1and where a registered sex offender was found to be living in the same building as a child day care center that was registered with the New York State Office of Children and Family Services. This type of situation cannot be tolerated and there should be criminal consequences to such an action. This bill would make it a class E felony for any registered sex offender to reside in a building that contains a child day care center.

LEGISLATIVE HISTORY: 2009-2010: S.6625/A.10254

FISCAL IMPLICATIONS: None.

LOCAL FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 1799 2011-2012 Regular Sessions IN SENATE January 12, 2011 ___________
Introduced by Sen. JOHNSON -- 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 correction law, in relation to prohibiting sex offenders from residing within child day care centers THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 10.00 of the penal law is amended by adding a new subdivision 21 to read as follows: 21. "CHILD DAY CARE CENTER" MEANS ANY BUILDING, STRUCTURE, ATHLETIC PLAYING FIELD, PLAYGROUND OR LAND CONTAINED WITHIN THE REAL PROPERTY BOUNDARY LINE OF A PROGRAM OR FACILITY CARING FOR CHILDREN FOR MORE THAN THREE HOURS PER DAY PER CHILD IN WHICH CHILD DAY CARE IS PROVIDED BY A CHILD DAY CARE PROVIDER, AS SUCH TERM IS DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION THREE HUNDRED NINETY OF THE SOCIAL SERVICES LAW, INCLUDING THOSE PROGRAMS OPERATING AS A GROUP FAMILY DAY CARE HOME, AS SUCH TERM IS DEFINED IN PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION THREE HUNDRED NINETY OF THE SOCIAL SERVICES LAW, A FAMILY DAY CARE HOME, AS SUCH TERM IS DEFINED IN PARAGRAPH (E) OF SUBDIVISION ONE OF SECTION THREE HUNDRED NINETY OF THE SOCIAL SERVICES LAW, AND A SCHOOL AGE CHILD CARE PROGRAM, AS SUCH TERM IS DEFINED IN PARAGRAPH (F) OF SUBDIVISION ONE OF SECTION THREE HUNDRED NINETY OF THE SOCIAL SERVICES LAW. S 2. 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 FOR WHICH REGISTRATION AS A SEX OFFENDER IS REQUIRED PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW, THE COURT SHALL REQUIRE, AS A MANDATORY CONDITION OF SUCH SENTENCE, THAT SUCH SENTENCED OFFENDER SHALL REFRAIN FROM RESIDING WITHIN A CHILD DAY CARE CENTER. S 3. Section 168-a of the correction law is amended by adding a new subdivision 19 to read as follows:
19. "CHILD DAY CARE CENTER" MEANS ANY BUILDING, STRUCTURE, ATHLETIC PLAYING FIELD, PLAYGROUND OR LAND CONTAINED WITHIN THE REAL PROPERTY BOUNDARY LINE OF A PROGRAM OR FACILITY CARING FOR CHILDREN FOR MORE THAN THREE HOURS PER DAY PER CHILD IN WHICH CHILD DAY CARE IS PROVIDED BY A CHILD DAY CARE PROVIDER, AS SUCH TERM IS DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION THREE HUNDRED NINETY OF THE SOCIAL SERVICES LAW, INCLUDING THOSE PROGRAMS OPERATING AS A GROUP FAMILY DAY CARE HOME, AS SUCH TERM IS DEFINED IN PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION THREE HUNDRED NINETY OF THE SOCIAL SERVICES LAW, A FAMILY DAY CARE HOME, AS SUCH TERM IS DEFINED IN PARAGRAPH (E) OF SUBDIVISION ONE OF SECTION THREE HUNDRED NINETY OF THE SOCIAL SERVICES LAW, AND A SCHOOL AGE CHILD CARE PROGRAM, AS SUCH TERM IS DEFINED IN PARAGRAPH (F) OF SUBDIVISION ONE OF SECTION THREE HUNDRED NINETY OF THE SOCIAL SERVICES LAW. S 4. 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, OR WHO VIOLATES THE PROVISIONS OF SECTION ONE HUNDRED SIXTY-EIGHT-W OF 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 shall be guilty of a class A misdemeanor upon conviction for the first offense, and upon 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 5. Section 168-w of the correction law, as relettered by chapter 604 of the laws of 2005, is relettered section 168-x and a new section 168-w is added to read as follows: S 168-W. PROHIBITION ON RESIDING WITHIN A CHILD DAY CARE CENTER. NO SEX OFFENDER REQUIRED TO REGISTER PURSUANT TO THIS ARTICLE SHALL RESIDE WITHIN ANY CHILD DAY CARE CENTER. S 6. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.

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