S2578-2013 Actions

• Jan 22, 2013: REFERRED TO CODES

S2578-2013 Memo

BILL NUMBER:S2578

TITLE OF BILL:
An act
to amend the penal law and the executive law, in relation to prohibiting
sex offenders from being upon the premises of any home or facility where
child day care is provided

PURPOSE:
This legislation will prohibit sex offenders who are on parole or
probation, or conditionally discharged from being into, Upon or
within one thousand feet upon the premises of any facility proving
day care.

SUMMARY OF PROVISIONS:

Section One - amends chapter 67 of the penal law to state that when a
person is convicted of an offense and has been designated a level
three sex offender, the court shall require as a mandatory condition
of such sentence, that the offender will refrain from knowingly
entering a facility where a child day care.

Section Two - amends the subdivision 14 of section 259-c of the
executive law to state that when a person is convicted of an offense
and has been designated a level three sex offender, the court shall
require as a mandatory condition of such sentence, that the offender
will refrain from knowingly entering a facility where a child day care.

Section Three - states this law would take effects immediately.

JUSTIFICATION:
Across the state, not willing to wait for the courts to move forward,
municipalities and counties are taking proactive measures to protect
their children from violent sexual predators by enacting residency
requirement legislation to keep sex offenders away from children.

This legislation will close a currant loophole in the law, that allows
level three sex offenders to live within 1,000 feet of a day care
facility. Under the current law, day care facilities can be
interpreted as places of businesses that are not protected from sex
offenders.

LEGISLATIVE HISTORY: 3/9/12 Referred to Codes

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:
This act shall take effect immediately.

S2578-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2578
 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 and the  executive  law,  in  relation  to
 prohibiting  sex offenders from being upon the premises of any home or
 facility where child day care is provided
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  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 of the correction law, the
 court shall require, as a mandatory condition  of  such  sentence,  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 this chapter, or INTO, UPON OR WITHIN ONE  THOUSAND
 FEET OF any other facility or institution primarily used for the care or
 treatment  of persons under the age of eighteen, WHICH SHALL INCLUDE BUT
 NOT BE LIMITED TO ANY HOME OR FACILITY WHERE CHILD  DAY  CARE,  AS  SUCH
 TERM  IS  DEFINED  IN  PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION THREE
 HUNDRED NINETY OF THE SOCIAL SERVICES LAW, IS  PROVIDED,  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 authori
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07332-01-3
 
       S. 2578                             2
 zation of his or her probation officer or the court 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  probation officer or the court and super
 intendent 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.
 

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.  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 INTO, UPON OR WITHIN ONE  THOUSAND  FEET  OF
 any  other facility or institution primarily used for the care or treat
 ment of persons under the age of eighteen, WHICH SHALL INCLUDE  BUT  NOT
 BE LIMITED TO ANY HOME OR FACILITY WHERE CHILD DAY CARE, AS SUCH TERM IS
 DEFINED  IN  PARAGRAPH  (A)  OF SUBDIVISION ONE OF SECTION THREE HUNDRED
 NINETY OF THE SOCIAL SERVICES LAW, IS PROVIDED, 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 institu
 tion, 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.  Nothing in this subdivi
 sion shall be construed as restricting any lawful  condition  of  super
 vision that may be imposed on such sentenced offender.
 

S 3. This act shall take effect immediately.

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