Prohibits persons required to maintain registration under the sex offender registration act from entering into a children's section of a public library.
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 168-w 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, homework, 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 offenders 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: S.7823 of 2012 7/11/12 REFERRED TO RULES
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 88 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. SAMPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction 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 604 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 PUBLICEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00233-01-3 S. 88 2
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- 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.