Restricts the right of an offender to use a computer in prison or access the internet if such offender has been convicted of certain sex offenses and used a computer in connection with the planning or execution of his or her crime.
Ayes (59): Adams, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Nays (1): Perkins
Absent (1): Espaillat
Excused (2): Addabbo, Krueger
TITLE OF BILL: An act to amend the penal law, in relation to restricting the right of an offender to use a computer in prison or access the internet if such offender has been convicted of certain sex offenses and used a computer in connection with the planning or execution of his or her crime
PURPOSE: This legislation will restrict a convicted felony sex offender, or violent sex offender from utilizing any social network site during the duration of the offender's time in detention. This bill will also prohibit a convicted felony sex offender, or violent sex offender from using a computer unless supervised and accessing the internet for any purpose other than performing research or other tasks associated with such person's legal defense or participation in an education program or class that has been approved.
SUMMARY OF PROVISIONS:
Section One - amends section 70.80 of the penal law by adding a new subdivision 10 to state whenever an offender convicted of a felony sex offense, as defined in paragraph (a) of subdivision one of this section, or a violent felony sexual offense, utilizing a computer of the internet in the planning or execution of the offense, the court shall require, as mandatory conditionals of the sentence therefore, that such sentenced offender by 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 promoting sexual relations with persons under the age of eighteen, and communicate with any person under the age of eighteen when such offender is over the age of eighteen, provided that the court may permit such an offender to use the internet to communicate with a person under the age of eighteen when such offender is the parent of a minor child and is not otherwise prohibited from communication with such child. "Commercial Social Networking Website" is defined as any business, organization or other entity operating a website that permits persons under eighteen of years of age to be registered users for the purpose of establishing personal relationship with other users, where person under eighteen years of age may create web pages or profiles available to the public or to other users, engage in direct of real time communication with other users, engaged, such as chat room or instant messenger and 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 specified in the subdivision.
Section Two - This act shall take effect on the ninetieth day after it shall have become law.
JUSTIFICATION: With the advancement in technology. sexual predators have expanded their ability to contact and deceive their victims. The use of
e-mail, chat-rooms, and more recently, social networking has given these sexual predators easy access to hundreds of thousand people. This legislation will restrict a convicted felony sex offender or violent sex offender from utilizing any social network site during the duration of the offender's time in detention. An offender should not be given the use of a tool that helped them commit the crime in which they are in detention for.
LEGISLATIVE HISTORY: 5/22/12 Passed Senate
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 2559 2013-2014 Regular Sessions IN SENATE January 22, 2013 ___________Introduced by Sen. BALL -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to restricting the right of an offender to use a computer in prison or access the internet if such offender has been convicted of certain sex offenses and used a comput- er in connection with the planning or execution of his or her crime THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 70.80 of the penal law is amended by adding a new subdivision 10 to read as follows: 10. WHENEVER AN OFFENDER CONVICTED OF A FELONY SEX OFFENSE, AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION, OR A VIOLENT FELONY SEX OFFENSE, AS DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION, UTILIZED A COMPUTER OR THE INTERNET IN THE PLANNING OR EXECUTION OF SUCH OFFENSE, THE COURT SHALL REQUIRE, AS MANDATORY CONDI- TIONS OF THE SENTENCE THEREFOR, THAT SUCH SENTENCED OFFENDER BE PROHIB- ITED FROM USING THE INTERNET TO ACCESS PORNOGRAPHIC MATERIAL, ACCESS A COMMERCIAL SOCIAL NETWORKING WEBSITE, COMMUNICATE WITH OTHER INDIVIDUALS OR GROUPS FOR THE PURPOSE OF PROMOTING SEXUAL RELATIONS WITH PERSONS UNDER THE AGE OF EIGHTEEN, AND COMMUNICATE WITH ANY PERSON UNDER THE AGE OF EIGHTEEN WHEN SUCH OFFENDER IS OVER THE AGE OF EIGHTEEN, PROVIDED THAT THE COURT MAY PERMIT SUCH AN OFFENDER TO USE THE INTERNET TO COMMU- NICATE WITH A PERSON UNDER THE AGE OF EIGHTEEN WHEN SUCH OFFENDER IS THE PARENT OF A MINOR CHILD AND IS NOT OTHERWISE PROHIBITED FROM COMMUNICAT- ING WITH SUCH CHILD. AS USED IN THIS SUBDIVISION, A "COMMERCIAL SOCIAL NETWORKING WEBSITE" SHALL MEAN ANY BUSINESS, ORGANIZATION OR OTHER ENTI- TY 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 (A) CREATE WEB PAGES OR PROFILES THAT PROVIDE INFORMATION ABOUT THEMSELVES WHERE SUCH WEB PAGES OR PROFILES ARE AVAILABLE TO THEEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07295-01-3 S. 2559 2
PUBLIC OR TO OTHER USERS; (B) ENGAGE IN DIRECT OR REAL TIME COMMUNI- CATION WITH OTHER USERS, SUCH AS A CHAT ROOM OR INSTANT MESSENGER; AND (C) 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 SPECIFIED IN THIS SUBDIVI- SION. S 2. This act shall take effect on the ninetieth day after it shall have become a law.