S2559-2013 Actions

• Mar 25, 2013: referred to codes
• Mar 25, 2013: DELIVERED TO ASSEMBLY
• Mar 25, 2013: PASSED SENATE
• Mar 21, 2013: ADVANCED TO THIRD READING
• Mar 20, 2013: 2ND REPORT CAL.
• Mar 19, 2013: 1ST REPORT CAL.259
• Jan 22, 2013: REFERRED TO CODES

S2559-2013 Meetings

S2559-2013 Calendars

S2559-2013 Votes

S2559-2013 Memo

BILL NUMBER:S2559

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.

S2559-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2559
 2013-2014 Regular Sessions
 I N  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 THE
 EXPLANATION--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.

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

Discuss!