Bill S7868-2013

Prohibits sex offenders whose victim was a child and level 3 sex offenders from knowingly being within 1,000 feet of a facility where pre-kindergarten or kindergarten instruction is provided

Prohibits a sex offender whose victim was a child and level 3 sex offenders from knowingly being within 1,000 feet of a facility where pre-kindergarten or kindergarten instruction is provided.

Details

Actions

  • Jun 19, 2014: referred to codes
  • Jun 19, 2014: DELIVERED TO ASSEMBLY
  • Jun 19, 2014: PASSED SENATE
  • Jun 18, 2014: ORDERED TO THIRD READING CAL.1581
  • Jun 16, 2014: REFERRED TO RULES

Votes

VOTE: COMMITTEE VOTE: - Rules - Jun 18, 2014
Ayes (21): Skelos, Libous, Bonacic, Carlucci, Farley, Flanagan, Hannon, Larkin, LaValle, Marcellino, Maziarz, Nozzolio, Seward, Valesky, Little, Stewart-Cousins, Breslin, Dilan, Hassell-Thompson, Perkins, Gianaris
Ayes W/R (3): Krueger, Montgomery, Parker
Excused (1): Espaillat

Memo

BILL NUMBER:S7868

TITLE OF BILL: An act to amend the executive law and the penal law, in relation to prohibiting certain convicted sex offenders from knowingly being within 1,000 feet of any place where pre-kindergarten or kindergarten instruction is provided

PURPOSE OR GENERAL IDEA OF THE BILL: The purpose of this bill is to keep level three sex offenders from coming within 1,000 feet of facilities and institutions where pre-kindergarten and kindergarten instruction is provided.

SUMMARY OF PROVISIONS:

Section 1: Amends section 259-c of the executive law which relates to mandatory conditions of release of level three sex offenders. Under the current law it is a mandatory condition that a level three sex offender refrain from knowingly entering into or upon any school grounds. This bill looks to expand the mandatory conditions to clearly include that a sex offender may not knowingly come within 1,000 feet from any facility or institution where pre-kindergarten or kindergarten is provided.

Section 2: Expands Penal Law section 65.10 which relates to conditions of probation and of conditional discharge. This bill will clearly expand those institutions where level three sex offenders must knowingly refrain from entering to include within 1,000 feet from facilities and institutions where pre-kindergarten and kindergarten instruction is provided.

JUSTIFICATION: This bill is needed to provide protection to those children who attend pre-kindergarten and kindergarten in facilities and institutions that are not now clearly considered under the current law. Without this bill dangerous sex offenders have the ability to enter upon these facilities and institutions that care for young children.

PRIOR LEGISLATIVE HISTORY: This is new legislation.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT: None noted.

EFFECTIVE DATE: The first of July after it shall have become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 7868 IN SENATE June 16, 2014 ___________
Introduced by Sen. KLEIN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the executive law and the penal law, in relation to prohibiting certain convicted sex offenders from knowingly being with- in 1,000 feet of any place where pre-kindergarten or kindergarten instruction is provided THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. 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 WITHIN ONE THOUSAND FEET OF ANY FACILITY OR INSTITUTION WHERE PRE-KINDERGARTEN OR KINDERGARTEN INSTRUCTION IS PROVIDED, 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 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 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] ONE HUNDRED SIXTY-EIGHT-L of the correction law, the court shall require, as a mandatory condition of such sentence, that such sentenced offender shall refrain from know- ingly entering into or upon any school grounds, as that term is defined in subdivision fourteen of section 220.00 of this chapter, OR WITHIN ONE THOUSAND FEET OF ANY FACILITY OR INSTITUTION WHERE PRE-KINDERGARTEN OR KINDERGARTEN INSTRUCTION IS PROVIDED, or any other facility or institu- tion 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 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 authorization of his or her probation officer or the court 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 probation officer or the court 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 on the first of July next succeeding the date on which it shall have become a law.

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