S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7823

                            I N  S E N A T E

                              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.