S7823-2011 Actions

• Jul 11, 2012: REFERRED TO RULES

S7823-2011 Memo

BILL NUMBER:S7823

TITLE OF BILL:
An act to amend the correction law and the penal law, in relation to
prohibiting persons required to maintain registration under the sex
offender registration act from entering into a children's section of a
public library

PURPOSE:
The purpose of this bill is to prohibit registered sex offenders from
entering the children's section of a public library.

SUMMARY:
Adds a new section 168w to the correction law to prohibit any person
required to maintain registration as a sex offender from entering into
any area or room in a public library designated as a children's section.
Also amends paragraph (a) of subdivision 4-a of section 65.10 of the
penal law to include any room or area designated as a children's section
of a public library.

JUSTIFICATION:
On June 23, 2012 two girls ages 6 and 9 were assaulted at the Queens
Public Library. The accused perpetrator was on parole for possession of
child pornography at the time of the incident. It is vitally important
to ensure that New York's children can safely and securely visit public
libraries throughout the State.  Libraries are places where children of
all ages from toddlers to teens congregate for school projects, home-
work, summer reading programs, story time presentations, learn-to-read
programs and many other activities.  There should be no reason for a
convicted sex offender to access the children's area of any library. New
York State has taken numerous steps to ensure that sexual predators do
not have access to children. These steps include prohibiting sex offen-
ders from entering school grounds, playgrounds, accessing the internet,
accessing social media and taking part in Halloween activities such as
distributing candy. This legislation will add another layer of security
for New York's children.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

S7823-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         7823
 I N  SENATE
 July 11, 2012
 
 Introduced  by  Sen. SAMPSON -- read twice and ordered printed, and when
 printed to be committed to the Committee on Rules
 

AN ACT to amend the correction law and the penal  law,  in  relation  to
 prohibiting  persons  required  to maintain registration under the sex
 offender registration act from entering into a children's section of a
 public library
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1.

Section 168-w of the correction law, as relettered by chap
 ter  406  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 FROM ENTERING A CHILDREN'S SECTION  OF  A  PUBLIC
 LIBRARY. ANY PERSON REQUIRED TO MAINTAIN REGISTRATION UNDER THIS ARTICLE
 (SEX OFFENDER REGISTRATION ACT) SHALL REFRAIN FROM ENTERING INTO OR UPON
 ANY AREA OR ROOM IN A PUBLIC LIBRARY DESIGNATED AS A CHILDREN'S SECTION.
 

S  2.  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 ANY AREA OR ROOM OF A PUBLIC
 LIBRARY DESIGNATED AS A CHILDREN'S SECTION, or  any  other  facility  or
 institution  primarily  used  for the care or treatment of persons under
 the age of eighteen while one or more of such persons under the  age  of
 eighteen  are present, provided however, that when such sentenced offen
 der is a registered student or participant or an employee of such facil
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD16372-02-2
 
       S. 7823                             2
 ity or institution or entity  contracting  therewith  or  has  a  family
 member enrolled in such facility or institution, such sentenced offender
 may,  with  the written authorization of his or her probation officer or
 the  court and the superintendent or chief administrator of such facili
 ty, institution or grounds, enter such  facility,  institution  or  upon
 such  grounds for the limited purposes authorized by the probation offi
 cer or the court and superintendent 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 3. This act shall take effect immediately.

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