Prohibits persons required to maintain registration under the sex offender registration act from entering into a children's section of a public library.

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S88-2013 Actions

• Jan 9, 2013: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

S88-2013 Memo

BILL NUMBER:S88

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.

S88-2013 Text

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

                                     88

                         2013-2014 Regular Sessions

                              I N  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  PUBLIC

   EXPLANATION--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.