This bill has been amended

Bill S6090-2011

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

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.

Details

Actions

  • Mar 22, 2012: ADVANCED TO THIRD READING
  • Mar 21, 2012: 2ND REPORT CAL.
  • Mar 20, 2012: 1ST REPORT CAL.425
  • Jan 4, 2012: REFERRED TO CODES

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Codes - Mar 20, 2012
Ayes (12): Saland, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, Nozzolio, O'Mara, Gianaris, Huntley, Espaillat
Ayes W/R (1): Squadron
Nays (3): Duane, Parker, Perkins

Memo

BILL NUMBER:S6090

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 70.80 of the penal law by adding subdivision 10 to state whenever an offender convicted of a felony sex offense, or a violent felony sex offense has utilized a computer or the internet in the planning or execution of the crime, the sentence imposed will include a restriction on the right of the offender to use computers and access the internet while serving their imposed sentence. The restrictions will prohibit the offender from utilizing computers unless supervised by the department of corrections and from accessing the internet for any purpose other than performing research or other tasks associated with the person's legal defense or participation in an education program or class approved by the department of corrections or for communicating with the offender's family members. The offender will be restricted from communicating with the victims. The offender will be restricted from utilizing all social networking sites during the duration of the offender's time in detention.

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 thousands 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 too) that helped them commit the crime in which they are in detention for.

LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE: This law will take effect on the ninetieth day after it shall have become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 6090 IN SENATE (PREFILED) January 4, 2012 ___________
Introduced by Sens. BALL, LANZA, LARKIN, RANZENHOFER -- 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 THE OFFENSE, THE DETERMINATE SENTENCE IMPOSED PURSUANT TO ANY SECTION OF THIS ARTICLE, SHALL INCLUDE AS A PART THEREOF A RESTRICTION ON THE RIGHT OF THE OFFENDER TO USE COMPUTERS AND ACCESS THE INTERNET WHILE SERVING THE IMPOSED SENTENCE. SUCH RESTRICTION SHALL PROHIBIT THE OFFENDER FROM UTILIZING COMPUTERS UNLESS SUPERVISED BY PERSONNEL OF THE DEPARTMENT OF CORRECTIONS, AND FROM 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 APPROVED BY THE DEPARTMENT OF CORRECTIONS OR FOR COMMUNICATING WITH THE OFFENDER'S FAMILY MEMBERS; PROVIDED, HOWEVER, THAT THE OFFENDER SHALL BE RESTRICTED FROM COMMUNICATING WITH ANY OF HIS OR HER VICTIMS. THE OFFENDER SHALL BE RESTRICTED FROM UTILIZING SOCIAL NETWORKING SITES DURING THE DURATION OF THE OFFENDER'S TIME IN DETENTION. S 2. This act shall take effect on the ninetieth day after it shall have become a law.

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